reglab/statecodes huggingface dataset:
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 2 - Local Health Officers › 324 - Local Health Officer; General Powers and Duties.

§  324.  Local  health  officer;  general  powers  and duties.   1. In
addition to such other duties as may be lawfully imposed  upon  him  and
subject  to  the provisions of this chapter and the sanitary code, every
health officer shall:
(a) make an annual sanitary survey and maintain  sanitary  supervision
over the territory within his jurisdiction;
(b)  make  a  sanitary inspection periodically of all places of public
assemblage, and report thereon to those responsible for the  maintenance
of such places of public assemblage;
(c)  promote  the  spread  of information as to the causes, nature and
prevention of prevalent diseases, and the preservation  and  improvement
of health;
(d)  take  such  steps  as  may be necessary to secure prompt and full
reports by physicians of reportable diseases  and  prompt  and  complete
registration of births and deaths;
(e) enforce within his jurisdiction the provisions of this chapter and
the sanitary code; and,
(f)  attend  conferences  called by the commissioner or his authorized
representatives.
2. The health officer may employ such persons as shall be necessary to
enable him to carry into effect the orders and regulations of the  board
of  health  and the provisions of this chapter and of the sanitary code,
and fix their  compensation  within  the  limits  of  the  appropriation
therefor.
3.  A health officer appointed for two or more towns or villages shall
have and exercise in each such town or village all the  rights,  powers,
duties  and  obligations  conferred  and  imposed  by  law upon a health
officer therein, in the same  manner  as  though  appointed  separately,
rather than jointly, by the local boards of health for each such town or
village.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 2 - Local Health Officers › 325 - Local Health Officer; Practice of Medicine Prohibited; Certain Cities.

§  325. Local health officer; practice of medicine prohibited; certain
  cities.  In cities of more than fifty thousand population  according  to
  the  latest  federal  or  state  census or enumeration, the local health
  officer hereafter appointed shall devote his entire time to  the  duties
  of his office and shall not engage in the private practice of medicine.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 2 - Local Health Officers › 326 - Local Health Officer; Temporary or Acting; Appointment; Compensation; Powers.

§  326.  Local  health  officer;  temporary  or  acting;  appointment;
compensation; powers.  1. (a) A health officer with the consent  of  the
board  of health in a town or village, and with the consent of the board
or official having power to appoint a health  officer  in  a  city,  may
appoint  a person who meets the qualifications contained in the sanitary
code to act as health officer during his temporary absence or incapacity
on account of illness or other cause for a period  not  exceeding  three
months.
(b)  In  the  event that the health officer fails to, or is physically
incapable of appointing a qualified person  to  act  as  health  officer
during  his temporary absence or incapacity, then the board of health in
a town or village or the board or official having  power  to  appoint  a
health  officer  in  a  city, shall appoint a qualified person to act as
health officer during the temporary absence or incapacity of the regular
health officer, for a period not exceeding three months.
(c) If any local board of health fails to  appoint  an  acting  health
officer  pursuant  to  this  section then the commissioner may appoint a
qualified person to serve as such health officer during the  absence  or
incapacity  of  the  health  officer,  for  a period not exceeding three
months.
2. The health officer, or the board of health or other  official,  who
appoints  a  qualified  person to act as health officer pursuant to this
section, shall report immediately in writing to the department the  name
and address of the person so appointed.
3.  An  acting  health  officer,  during  the  period  for which he is
appointed, shall have all the rights, powers and duties imposed upon the
health officer by this chapter and the sanitary code.
4. The board of health in a town or village and the board  or  officer
having  authority  to  fix  the salary of a health officer in a city may
allow such compensation as it deems reasonable covering  such  temporary
service. The appointment of an acting health officer in a case where the
regular  health officer shall have been appointed jointly by two or more
local boards of health for two or more towns or villages shall  be  with
the consent of the appointing local boards, and the compensation of such
acting  health  officer  shall be allowed and paid in the same manner as
the fixed compensation of the regular health officer.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 2 - Local Health Officers › 327 - Local Health Officer; Nurses; Appointment.

§  327.  Local  health  officer;  nurses;  appointment.   Every health
  officer  or  other  official  exercising  similar  duties,  by  whatever
  official  designation  he may be known, with the approval and consent of
  the local board of health of his district, shall have  power  to  employ
  such  number  of  public  health  nurses,  qualified  as provided by the
  sanitary code, as in his judgment may be necessary within the limits  of
  the appropriation made therefor by the municipality.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 2 - Local Health Officers › 328 - Local Health Officer; Nurses; Duties.

§  328.  Local  health  officer;  nurses;  duties.    Subject  to  the
  provisions of this chapter and the sanitary code, public  health  nurses
  appointed  pursuant  to  this article, shall work under the direction of
  the local health officer  and  shall  perform  such  duties  as  may  be
  assigned by him.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 2 - Local Health Officers › 329 - Local Health Officer; Immunity From Personal Liability.

§  329. Local health officer; immunity from personal liability.  1. No
  health officer, inspector, investigator, public health nurse,  or  other
  representative  of a health officer, and no person or persons other than
  the county, city, village or  town  by  which  such  health  officer  or
  representative  thereof  is  employed shall be sued or held to liability
  for any act done or omitted by any such health officer or representative
  of a health officer in good faith and with ordinary discretion on behalf
  or under the direction of such county, city, village or town pursuant to
  its regulations or ordinances, or the sanitary code, or this chapter.
2. Any person whose property  may  have  been  unjustly  or  illegally
  destroyed  or injured pursuant to any order, regulation or ordinance, or
  action of any board of health or health officer, or representative of  a
  health  officer, for which no personal liability may exist as aforesaid,
  may maintain a proper action against the county, city, village  or  town
  for the recovery of proper compensation or damages. Every such suit must
  be  brought  within  six  months after the cause of action arose and the
  recovery shall be limited to the damages suffered.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 3 - County and Part-County Health Districts › 340 - County or Part-County Health Districts; Establishment.

§  340. County or part-county health districts; establishment.  1. (a)
The board of supervisors  of  any  county,  with  the  approval  of  the
commissioner  shall  have  power  to  establish  a county or part-county
health district and in such event shall appoint a board  of  health  for
such  county or part-county health district. No city or any part thereof
shall be included as a part of any such health district unless the mayor
and a majority of the common council  of  such  city  or  the  officials
exercising  similar  powers shall have consented thereto and, in respect
of cities having a population of fifty thousand or  more,  according  to
the  last  preceding  federal  or  state census or enumeration, unless a
majority of the supervisors representing that part of the county outside
such city shall have consented thereto.
(b) Notwithstanding the provisions of this subdivision  or  any  other
general, special or local law to the contrary, and except as provided in
the  provisions of article thirteen-E of this chapter, a board of health
of  a  county  health  district,  if  there  be  one,  shall  have  sole
jurisdiction  to  enforce  the  provisions of article thirteen-E of this
chapter on a county-wide basis.
2. In a county containing one or more cities having  a  population  of
fifty thousand or more, according to the last preceding federal or state
census  or  enumeration  which  are  not  to  be included in a county or
part-county health district, a majority of the supervisors  representing
that  part  of  the  county outside such city or cities may petition the
board of  supervisors  to  establish  such  part  of  the  county  as  a
part-county health district and, upon receiving such petition, the board
of  supervisors  shall  forthwith file a certified copy of such petition
with the commissioner.
3. Whenever the provisions of this section shall have been proposed to
be adopted in any county, and proceedings have been taken to establish a
county or part-county health district within any such county, the  board
of  supervisors shall notify the commissioner in writing of the proposed
establishment of such county or part-county health district, and in such
notice shall state the extent of the territory intended to  be  included
within   such   district.   The  consent  of  the  commissioner  to  the
establishment of any such  health  district  shall  be  evidenced  by  a
certificate,  setting  forth  the  approval  of  the commissioner to the
establishment of such health district. Such certificate shall  be  filed
with the clerk of the board of supervisors.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 3 - County and Part-County Health Districts › 342 - County or Part-County Health Districts; Withdrawal of a City.

§  342.  County or part-county health districts; withdrawal of a city.
  1. The governing authorities of any  city  which  has  consented  to  be
  included  in  a  county or part-county health district, may, at any time
  after three years shall have elapsed since such city has  been  included
  in  such  health  district,  by  resolution adopted by said authorities,
  provide for the withdrawal of such city from the county  or  part-county
  health district.
2.  Before  such  action for the withdrawal of a city from a county or
  part-county health district is taken an opportunity shall be given for a
  public hearing before such governing authorities. Public notice shall be
  given and the board of  health  of  the  county  or  part-county  health
  district  shall be notified in writing, at least thirty days in advance,
  of the time and place of such hearing.
3. The withdrawal of a  city  from  a  county  or  part-county  health
  district,  shall  become  effective  at  a  time  to  be  stated  in the
  resolution adopted by the governing authorities of the city pursuant  to
  the  provisions  of this section, which said time shall be not less than
  thirty days from the date of the adoption of said resolution.  Upon  the
  date  when  such  resolution  shall  become  effective, the local health
  district of such city shall be reinstated and  it  shall  have  all  the
  powers  of  a  local  health  district  as though such city had not been
  included in the county or part-county health district  pursuant  to  the
  provisions of this article.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 3 - County and Part-County Health Districts › 343 - County or Part-County Boards of Health; Organization; Appointment.

§   343.   County  or  part-county  boards  of  health;  organization;
appointment.  1. The board of health of a county or  part-county  health
district  shall  consist of seven members, one of whom shall be a member
of the board of supervisors, selected by the board of  supervisors,  and
at  least  three of whom shall be physicians licensed to practice in the
state of New York, and in addition thereto, each city  which  becomes  a
part  of  the county or part-county health district shall be entitled to
one additional representative member on the board of health.
2. The members of the board of  health  of  a  county  or  part-county
health district shall be residents of the health district.
3.  (a)  The  members of the board of health shall be appointed by the
board of supervisors.
(b) The county medical society of the county  in  which  a  county  or
part-county  health  district  is established may submit to the board of
supervisors a list of physicians from which the board of supervisors may
choose the medical members of the board of health.
(c) The additional city representative members of the board of  health
shall each be appointed by the board of supervisors from a list of three
persons  submitted  by  the  mayor  or other administrative head of such
city. Such city representative members so appointed shall have  all  the
powers and duties conferred upon other members of said board.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 3 - County and Part-County Health Districts › 344 - County or Part-County Boards of Health; Terms of Office; Vacancies.

§  344.  County  or  part-county  boards  of  health; terms of office;
  vacancies.  1. The term of office of each appointive member of the board
  of health of a county or  part-county  health  district,  including  the
  additional  city representative members shall be six years, and the term
  of one of the members shall expire annually; except  that  the  term  of
  office of the representative member of the board of supervisors shall be
  for  such lesser period as may be required in the event that he does not
  continue as a member of the board of supervisors.
2. Upon the establishment  of  a  new  county  or  part-county  health
  district,  the first appointments shall be made for the respective terms
  of six, five, four, three, two and one years.
3. Vacancies shall be filled by appointment for the unexpired terms.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 3 - County and Part-County Health Districts › 345 - County or Part-County Boards of Health; Compensation and Expenses of Members.

§  345.  County  or  part-county  boards  of  health; compensation and
  expenses of members. The members of the board of health of a  county  or
  part-county  health district shall receive for attendance at meetings of
  the board, and, when authorized by the president of  the  board,  within
  appropriations made therefor, for meetings of standing committees, a per
  diem  compensation which shall be fixed by the board of supervisors, and
  in  addition  thereto,  they  shall  be  allowed  actual  and  necessary
  traveling  expenses,  to be audited and paid in the same manner as other
  expenses of such board of health.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 3 - County and Part-County Health Districts › 346 - County or Part-County Boards of Health; General Expenses.

§  346.  County or part-county boards of health; general expenses.  1.
  In counties having a county auditor or county comptroller,  all  charges
  and  other  expenses of a county or part-county health district shall be
  audited and paid in the same manner as other charges against the county.
  In counties that do not have a county auditor or county comptroller, all
  accounts, charges, claims and demands of such health district  shall  be
  presented  to  and  audited  by the board of health of said district and
  paid by the county treasurer upon warrants of the said board  of  health
  within the limits of the appropriation made therefor.
2.  The  board  of  health  of a county or part-county health district
  shall submit annually in the manner prescribed by and on or  before  the
  date  fixed  by or pursuant to law, an itemized estimate of the revenues
  and expenditures of such health district, for the ensuing  fiscal  year.
  The  board  of  supervisors  shall  levy a tax upon the taxable property
  within  the  county  or  part-county  health  district,  to  the  extent
  necessary  to  provide  moneys  to  meet  appropriations for such health
  district.  The board of supervisors may appropriate moneys in the manner
  provided by law for any items of expense of the  county  or  part-county
  health  district  which may in any degree tend to promote the efficiency
  of the  administration  of  the  provisions  of  this  chapter  and  the
  regulations adopted pursuant to the authority thereof.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 3 - County and Part-County Health Districts › 348 - County or Part-County Health Districts; Sanitary Codes; Violations and Penalties.

§  348.  County  or  part-county  health  districts;  sanitary  codes;
  violations and penalties.  1. The provisions of the sanitary code  of  a
  county or part-county health district shall have the force and effect of
  law.
2.  Any  non-compliance  or non-conformance with any provision of such
  sanitary code or of a rule or regulation,  duly  made  thereunder  shall
  constitute a violation punishable on conviction for a first offense by a
  fine  of  not more than two hundred fifty dollars or by imprisonment for
  not more than fifteen days or by both such fine  and  imprisonment;  and
  for  a second or subsequent offense by a fine not exceeding five hundred
  dollars or by imprisonment for not exceeding fifteen days, or both.
3. Certified copies of the sanitary code of a  county  or  part-county
  health  district  shall  be  received  in  evidence  in  all  courts and
  proceedings in the state.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 3 - County and Part-County Health Districts › 349 - County or Part-County Boards of Health; Other Health Functions; Hospitals and Laboratories.

§ 349. County or part-county boards of health; other health functions;
  hospitals  and  laboratories.    In  any county in which a county health
  district has been or is hereafter established, the boundaries  of  which
  are  coterminous  with  the  county, the board of supervisors shall have
  power to abolish the  board  of  managers  of  the  county  tuberculosis
  hospital,  or  of  the  county public general hospital, or of the county
  laboratory, and, if so abolished, shall confer all the powers and duties
  of any or all of such boards  of  managers  upon  the  county  board  of
  health.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 3 - County and Part-County Health Districts › 350 - County or Part-County Boards of Health; Officers.

§ 350. County or part-county boards of health; officers.  The board of
  health  of  a county or part-county health district shall elect annually
  one of its members as president and another as vice-president. The board
  of health may designate the county health commissioner  to  act  as  its
  secretary without extra compensation.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 3 - County and Part-County Health Districts › 353 - Deputy County or Part-County Health Commissioners; Assistants and Employees; Appointment.

§  353.  Deputy county or part-county health commissioners; assistants
  and employees; appointment. 1. Local health  officers  who  continue  to
  hold  office  after  the establishment of a county or part-county health
  district, pursuant to the provisions of this article, shall be  deputies
  of the county health commissioner, who may require any such local health
  officer to perform within his jurisdiction any of the duties required of
  local health officers.
2. The county health commissioner may appoint with the approval of the
  board  of  health such additional deputies, assistant deputies and other
  employees as may be required to fulfill the purposes of this article  in
  the health district and as may be authorized by the board of supervisors
  pursuant  to  the  provisions  of section four hundred one of the county
  law. Such deputies and assistant deputies and other employees shall have
  the qualifications prescribed in the sanitary code.
3. The county health commissioner may designate in writing  a  deputy,
  qualified  in  accordance  with  the provisions of the sanitary code, to
  whom shall be delegated all the powers and duties of the  county  health
  commissioner  when  such  commissioner  is  unable  to  act by reason of
  absence or disability.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 3 - County and Part-County Health Districts › 354 - County or Part-County Health Districts; Removal of Deputies, Assistants and Health Officers.

§  354.  County  or part-county health districts; removal of deputies,
  assistants and health officers. 1. The board of health of  a  county  or
  part-county  health  district  shall  have  power  to  remove the health
  officer of any local health district  included  within  such  county  or
  part-county  health  district  or  any deputy or assistant deputy of the
  county health commissioner for cause, upon written  charges,  and  after
  such  health  officer  or deputy, or assistant deputy, after due notice,
  has been given an opportunity to be heard.
2. The proceedings in connection with such removal shall be subject to
  review by the commissioner, who within thirty days of the receipt of  an
  order  of  the  board of health removing such health officer, may revoke
  such order whereupon the order of removal shall be void.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 3 - County and Part-County Health Districts › 355 - County or Part-County Health Districts; Dissolution.

§  355.  County  or part-county health districts; dissolution. 1.  The
  board of supervisors of any county in  which  a  county  or  part-county
  health  district has been or may be established, with the consent of the
  supervisors representing that part of a county included in the  district
  in  respect  to a part-county health district, may abolish such district
  at  any  time  after  three  years  shall  have  elapsed  following  its
  establishment,  provided,  however, that before such action may be taken
  an opportunity shall be given for a public hearing. Public notice  shall
  be  given  and  the  commissioner shall be notified in writing, at least
  thirty days in advance, of the time and place of such hearing.
2. The action of the board of supervisors abolishing a health district
  pursuant to the provisions of this section shall become effective thirty
  days after the  adoption  of  the  resolution  to  abolish  such  health
  district,  and  at  the  end  of  such period the terms of office of the
  members of the board of health and of  the  county  health  commissioner
  shall terminate.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 3 - County and Part-County Health Districts › 356 - Certain Counties; Legislative Bodies Constituted Boards of Health; County Health Directors; Nurses Designated as School Nurses.

§  356.  Certain  counties;  legislative  bodies constituted boards of
health; county health directors; nurses designated as school nurses.  1.
The legislative body of each county having a population of less than one
hundred fifty thousand according to the nineteen hundred seventy federal
decennial  census or the legislative body of any county whose population
shall be less than one hundred fifty thousand under any  future  federal
decennial  census,  except  a  county  in  which a county or part-county
health district has been established under  this  article  or  a  county
having  a  county  charter,  optional or alternative form of government,
shall constitute the board of health of such county and shall  have  all
the  powers  and  duties of a board of health of a county or part-county
health district including the power to appoint a full-time or  part-time
county health director. The county health director may serve as director
of  the  children  and  youth  with  special  health  care needs support
services program and may employ such persons as shall  be  necessary  to
enable  the  county  health director to carry into effect the orders and
regulations of the board of health and the provisions  of  this  chapter
and  of  the sanitary code, and fix their compensation within the limits
of the appropriation therefor. The members of a legislative  body  shall
not receive additional compensation by reason of serving as members of a
board  of  health.  The county health director, so appointed, shall have
all the powers and duties prescribed in section three hundred  fifty-two
of this title.
2. (a) With the approval of the county health director, the trustee or
board  of  trustees  of  any  common  school  district  or  the board of
education of any union free school district or central  school  district
within  the county, may designate any nurse employed as provided in this
section as a school nurse to perform, in addition to her  other  duties,
the  duties  of  a  school  nurse  for  any school or schools under such
respective trustee, board of trustees or board of education.
(b) Any nurse so designated shall perform her duties as  school  nurse
under  the direction of the school medical inspector and the appropriate
school authorities and under the provisions of the education law and the
regulations prescribed pursuant thereto.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 3 - County and Part-County Health Districts › 357 - Certain Counties; Health Services Advisory Boards.

§  357.  Certain  counties;  health  services advisory boards. 1. In a
  county wherein the legislative body constitutes the board of  health  of
  such  county  under  and  pursuant  to  the  provisions of section three
  hundred fifty-six of this article, the  county  shall  provide  for  the
  appointment  by  the board of health of a health services advisory board
  consisting of nine members. Two members shall  be  licensed  physicians.
  The  remaining members of the board shall be known as public members and
  shall be selected on the basis of their interest and knowledge regarding
  the health needs, resources and facilities of the community.
2. The health services advisory board shall advise the  county  health
  director  with  respect to the discharge of his powers, responsibilities
  and duties.
3. A person may hold other public office or employment  while  serving
  as a member of a health services advisory board.
4.  The  members  of a health services advisory board shall have fixed
  terms of four years except that three of the initial appointments  shall
  be  for  two  years  and three shall be for three years. A term shall be
  deemed to run from the first day of the year in which the appointment is
  made. Vacancies shall be filled for unexpired terms in the  same  manner
  as  original appointments. No person may serve as a member for more than
  two terms consecutively.
5. Board  members  shall  be  reimbursed  for  expenses  actually  and
  necessarily incurred in the performance of their duties.
6.  Two  or  more  such  counties may agree to form a conjoined health
  services advisory board.  Each  county  shall  be  entitled  to  appoint
  members  in  accordance  with  the  provisions of subdivision one or may
  appoint such proportion of  the  total  membership  so  computed  as  is
  mutually agreed upon by the participating counties.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 4 - Certain Cities › 360 - Certain Cities; Department of Public Health; Establishment.

§  360. Certain cities; department of public health; establishment. 1.
  The common council or similar legislative body of  each  city  having  a
  population  of less than one hundred seventy-five thousand which has not
  by special law established a department of health, is hereby  authorized
  and  empowered  by  ordinance  to abolish its board of health and in its
  place to create, establish and maintain a department of public health.
2. The commissioner of health in cities having a population  of  fifty
  thousand to one hundred seventy-five thousand, and the health officer in
  cities having a population of less than fifty thousand shall be the head
  of such department.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 4 - Certain Cities › 361 - Certain Cities; Commissioner of Health and Health Officer; Appointment and Qualifications.

§  361.  Certain  cities;  commissioner  of health and health officer;
  appointment and qualifications. 1. The commissioner of health in  cities
  having  a  population  of  fifty  thousand  to  one hundred seventy-five
  thousand shall be appointed by the mayor,  and  the  health  officer  in
  cities  having  a  population  of  less  than  fifty  thousand  shall be
  appointed by the same official or  body  who  or  which  by  charter  is
  authorized to appoint the heads of city departments.
2.  No  person  shall  be  eligible  to appointment as commissioner of
  health or health officer unless he shall be a physician and surgeon duly
  licensed to practice under the laws of this state and who has  practiced
  as  such,  or  has  been engaged in public health work for at least five
  years and who shall comply with the qualifications  therefor  prescribed
  by  the  public  health council in the sanitary code, provided, however,
  that a physician who has received the degree of doctor of public  health
  in  a course in any institution of learning recognized by the University
  of the State of New York shall be eligible  for  appointment  as  health
  officer in cities having a population of less than fifty thousand.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 4 - Certain Cities › 362 - Certain Cities; Term of Office of Commissioner and Health Officer; Removal.

§  362.  Certain  cities;  term  of  office of commissioner and health
officer; removal. 1. The commissioner  of  health  in  cities  having  a
population  of  fifty thousand to one hundred seventy-five thousand, and
the health officer in cities having a  population  of  less  than  fifty
thousand, respectively, shall serve for a term of four years.
2.  (a)  The  commissioner  of health in cities having a population of
fifty thousand to one  hundred  seventy-five  thousand  and  the  health
officer in cities having a population of less than fifty thousand, shall
not  be  removed  by the official or body appointing him during the term
for which he shall have been  appointed  other  than  for  inefficiency,
neglect  of duty or misconduct in office, upon written charges and after
an opportunity of being publicly heard in his defense.
(b) A copy of such  charges  shall  be  personally  served  upon  such
commissioner  of  health in cities having a population of fifty thousand
to one hundred seventy-five thousand or health officer in cities  having
a  population of less than fifty thousand and he shall be given not less
than five days' notice of the time and place of the hearing.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 4 - Certain Cities › 363 - Certain Cities; Appointment of Deputy Commissioners and Others; Removal.

§ 363. Certain cities; appointment of deputy commissioners and others;
  removal.  1. The commissioner of health in cities having a population of
  fifty thousand to one hundred seventy-five thousand may appoint  and  at
  pleasure  remove  a deputy commissioner of health who shall be qualified
  as prescribed in the sanitary code.
2. The commissioner of health in cities having a population  of  fifty
  thousand  to  one  hundred  seventy-five  thousand  or health officer in
  cities having a population of less than  fifty  thousand  shall  appoint
  such  subordinates  as  shall be prescribed by the board of estimate and
  apportionment or other board or authority in such  cities  which  is  by
  charter authorized to designate the number of employees.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 4 - Certain Cities › 364 - Certain Cities; Compensation of Commissioner and Others.

§  364.  Certain  cities; compensation of commissioner and others.  In
  cities having  a  population  of  less  than  one  hundred  seventy-five
  thousand,  the salary of the commissioner of health, deputy commissioner
  of health, health officer and all subordinates shall  be  fixed  by  the
  board  of  estimate  and  apportionment,  or  by  the board or authority
  authorized by charter to fix salaries.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 4 - Certain Cities › 365 - Certain Cities; Undertakings Required of Health Officers.

§  365.  Certain  cities;  undertakings  required  of health officers.
  Before entering upon the discharge of the  duties  of  their  respective
  offices,  the  commissioner  of health, deputy commissioner of health or
  health officer in cities having a population of less  than  one  hundred
  seventy-five  thousand,  shall each execute and file with the city clerk
  such official undertakings as the common council or similar  legislative
  authority shall prescribe.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 4 - Certain Cities › 366 - Certain Cities; Commissioner of Health and Health Officer; Powers and Duties.

§  366.  Certain  cities;  commissioner  of health and health officer;
powers and duties. 1. The commissioner of health or the  health  officer
in  cities  having  a  population  of less than one hundred seventy-five
thousand shall:
(a) exercise all the powers and be charged with all the duties now  or
hereafter  conferred upon or required of local boards of health or local
health officers by the laws of this state so far as the same pertain  to
cities, except as limited or extended by the provisions of this article;
and,
(b)  possess  such powers and perform such duties as may be prescribed
by ordinance of the common council or similar legislative  authority  by
this chapter or otherwise by law.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 4 - Certain Cities › 367 - Certain Cities; Deputy Commissioners; Powers.

§  367.  Certain  cities; deputy commissioners; powers. In case of the
  absence or disability of the commissioner of health or health officer in
  cities having  a  population  of  less  than  one  hundred  seventy-five
  thousand,  or  of  any vacancy in the office, the deputy commissioner of
  health, when there is one, shall discharge  the  duties  of  the  office
  until  the  commissioner  of  health  or  health  officer  returns,  his
  disability ceases or the vacancy is filled.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 4 - Certain Cities › 368 - Certain Cities; Advisory Board; Appointment; Compensation.

§  368.  Certain cities; advisory board; appointment; compensation. 1.
  In cities having a population of  less  than  one  hundred  seventy-five
  thousand,  the  mayor  may  appoint,  and  at  his  pleasure remove five
  resident and practicing physicians of the  city  who  shall  act  as  an
  advisory  board to the mayor or commissioner of health or health officer
  upon matters pertaining to public  health  whenever  requested  by  such
  mayor, commissioner, or health officer.
2.   The   members   of   such  advisory  board  shall  serve  without
  compensation.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 4 - Certain Cities › 369 - Certain Cities; Appointment of Experts; Compensation.

§  369.  Certain  cities;  appointment of experts; compensation.   The
  commissioner of health or health officer in cities having  a  population
  of less than one hundred seventy-five thousand, with the written consent
  of  the  mayor  and subject to the approval of the board of estimate and
  apportionment or other board having similar powers in  such  cities  and
  the  common council or similar legislative authority in cities having no
  boards of estimate and apportionment or authorities with similar  powers
  may  temporarily  employ  such  health  and  sanitary  experts as may be
  necessary  at  a  compensation  fixed  by  the  board  of  estimate  and
  apportionment or other authority having power by charter to fix salaries
  of appointive officials.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 4 - Certain Cities › 370 - Certain Cities; Duty in Case of Peril to Public Health.

§  370. Certain cities; duty in case of peril to public health.  1. In
  case of great and imminent peril to the public health of  the  city,  it
  shall  be  the  duty  of the commissioner of health or health officer in
  cities having  a  population  of  less  than  one  hundred  seventy-five
  thousand, with the approval and consent of the common council or similar
  legislative authority if it be practicable to convene that authority for
  prompt  action,  or  if  not, when approved by the board of estimate and
  apportionment or authority of similar powers, to take such measures  and
  to  do,  order  or  cause  to  be  done  such  acts  and  to  make  such
  extraordinary expenditures, in excess of the  sum  appropriated  to  the
  department  of  health,  as  provided  by  law, for the preservation and
  protection of the public health of such city, as he may  deem  necessary
  and proper.
2.  Such peril to public health shall be deemed to exist only when and
  for such period as the commissioner of health and board of estimate  and
  apportionment  in  cities  having  a population of fifty thousand to one
  hundred seventy-five thousand, and in cities having a population of less
  than fifty thousand, the health officer and the board  of  estimate  and
  apportionment  or  authority having similar power and the common council
  or similar legislative authority in a city having no board  of  estimate
  and apportionment or authority with similar power, shall determine.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 4 - Certain Cities › 371 - Certain Cities; Sanitary Codes.

§  371.  Certain cities; sanitary codes. 1. The commissioner of health
in cities having a population of  less  than  one  hundred  seventy-five
thousand  or  the  health  officer in cities having a population of less
than fifty thousand shall:
(a)  formulate,  adopt,  promulgate  and   enforce   complete   rules,
regulations,  orders  and directions for the security of life and health
in the city, which shall not be inconsistent with the sanitary code; and
(b) in conjunction with the board of  examining  plumbers,  formulate,
adopt  and  promulgate  rules  and regulations for plumbing and drainage
which shall govern the same.
2. The rules,  regulations,  orders  and  directions  promulgated  and
adopted pursuant to the provisions of this section shall be known as the
sanitary code of the city.
3.  Before  such rules and regulations shall take effect they shall be
approved in writing by the mayor in cities having a population of  fifty
thousand  to one hundred seventy-five thousand and by the common council
or similar legislative authority in cities having a population  of  less
than  fifty  thousand. After such approval the sanitary code of the city
shall be published in such manner as  the  legislative  authority  shall
prescribe.
4.  The  sanitary  code  of  such  cities  may embrace all matters and
subjects to which and so far as the jurisdiction, power and authority of
the department of health of the city extends not inconsistent  with  the
constitution  or laws of the state, and may be revised, altered, amended
or annulled from time to time by the commissioner of  health  or  health
officer  of  the  city with the approval of the mayor in cities having a
population of fifty thousand to one hundred  seventy-five  thousand  and
the  common  council or similar legislative authority in cities having a
population of less than fifty thousand. The provisions thereof shall  be
binding and in full force and effect in such city.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 4 - Certain Cities › 372 - Certain Cities; Existing Regulations and Sanitary Codes.

§  372.  Certain cities; existing regulations and sanitary codes.  The
  existing sanitary codes of cities having a population of less  than  one
  hundred  seventy-five  thousand,  and all rules, regulations and special
  directions heretofore duly formulated, adopted and  promulgated  by  the
  commissioner  of  public  safety,  the  board  of  health  or the health
  officer, shall continue in full force and effect, except as the same may
  be revised, altered, amended or annulled from time to time  as  provided
  by law.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 4 - Certain Cities › 373 - Certain Cities; Sanitary Codes; Violations and Penalties.

§  373.  Certain  cities; sanitary codes; violations and penalties. 1.
  The sanitary code of a city having a population of less than one hundred
  seventy-five  thousand  may  provide  for  specific  penalties  for  any
  violation thereof not exceeding one thousand dollars for each offense.
2.  Except  where  specific penalty is so provided for, any person who
  violates or who fails to comply with any provision of the sanitary code,
  or of any  rule,  regulation,  order  or  special  direction  duly  made
  thereunder  or  authorized by this article, shall forfeit and pay to the
  city a penalty not to exceed one thousand dollars  for  each  and  every
  offense.
3.  All suits and proceedings authorized by this article or to recover
  any penalty provided for in the sanitary code, or by this article, shall
  be brought by and in the name of the city, but no fees or costs shall be
  demanded or recovered from the commissioner of health or health  officer
  of  the  city,  or  any  officer  thereof, in such suit or proceeding or
  action.
4. Any person who shall wilfully violate, neglect or refuse to  comply
  with  any  provision or requirement of this article, or of any provision
  of the sanitary code of a city, or of any  rule,  regulation,  order  or
  special  direction  duly  made thereunder, or authorized by this article
  shall in  addition  to  the  penalty  or  penalties  therein  or  herein
  prescribed also be guilty of a misdemeanor.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 4 - Certain Cities › 374 - Certain Cities; Appeals From Orders of Commissioner of Health or Health Officers.

§  374.  Certain cities; appeals from orders of commissioner of health
  or health officers. 1. Any person aggrieved by  an  order,  decision  or
  direction  of  the  commissioner  of  health or health officer of a city
  having a population of less than one hundred seventy-five thousand,  may
  appeal therefrom to the official or authority which appoints the head of
  the  department of health of such city, who or which may affirm, reverse
  or modify the order, decision or direction appealed from.
2. Such appeal may be made by serving  on  the  said  commissioner  of
  health  or  health  officer  a written notice of appeal within two days,
  Sundays and legal holidays excepted, or  within  such  further  time  as
  shall  be  allowed by the official or authority having power to hear the
  appeal after the appellant received notice of  the  order,  decision  or
  direction  appealed from. Within two days after receiving such notice of
  appeal, Sundays and legal holidays excepted, the commissioner of  health
  or  health  officer  shall  make  a  written  return  to the official or
  authority having power to hear the appeal of the facts and  evidence  on
  which such order, decision or direction is founded. Upon receipt of such
  return,  or if no return be made within the time specified, the official
  or authority having power to hear the appeal shall forthwith proceed  to
  hear  and  determine  the  matter.  Upon  such  appeal  the  official or
  authority having power to hear it need not be confined to  the  evidence
  contained in the return but in his or its discretion may take additional
  evidence.
3.  Until  the  decision  of the appeal is made the order, decision or
  direction appealed from shall not be suspended unless  the  official  or
  authority  having  power to hear the appeal by an order in writing shall
  so direct, which order shall be filed forthwith in  the  office  of  the
  commissioner of health or health officer of the city.
4.  In case of failure to sustain the appeal the official or authority
  having power to hear the appeal may in  his  or  its  discretion  impose
  costs not exceeding ten dollars upon the appellant.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 4 - Certain Cities › 375 - Certain Cities; Actions to Restrain Nuisances.

§ 375. Certain cities; actions to restrain nuisances. The commissioner
  of  health  or health officer of a city having a population of less than
  one hundred seventy-five thousand, is authorized, by and with the advice
  and consent of the corporation counsel or city attorney, in the name  of
  the  city  to maintain actions to restrain the threatened performance or
  the continued performance of any act contrary to his orders, directions,
  decisions or ordinances, and to restrain and abate  nuisances,  and  for
  the  purpose  of  obtaining a temporary injunction in any such action no
  undertaking shall be required.
2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 4 - Certain Cities › 376 - Certain Cities; Enforcement.

§  376. Certain cities; enforcement. The head of the police department
  shall whenever requested in writing by the  commissioner  of  health  or
  health  officer  in  cities having a population of less than one hundred
  seventy-five thousand, with the  approval  of  the  mayor,  detail  such
  number  of regular police officers as shall be specified in such request
  who  shall  while  so  detailed  serve  under  the  direction   of   the
  commissioner of health or health officer.