reglab/statecodes huggingface dataset:
2023 New York Laws › PBH - Public Health › Article 11 - Public Water Supplies; Sewerage and Sewage Control › Title 2 - Realty Subdivisions: Water Supply › 1120 - Realty Subdivisions; Regulation by Commissioner.

§   1120.  Realty  subdivisions;  regulation  by  commissioner.    The
  commissioner of health may from  time  to  time  establish  by  rule  or
  regulation  standards  for subdivisions necessary to effect the purposes
  of this title and not inconsistent with regulations of a city, county or
  part-county department of health having jurisdiction, now  or  hereafter
  adopted  pursuant  to  law.  In  the  event of and to the extent of such
  inconsistency, the standards established by the  commissioner  shall  be
  deemed inapplicable.
2023 New York Laws › PBH - Public Health › Article 11 - Public Water Supplies; Sewerage and Sewage Control › Title 3 - Annual Water Supply Statement › 1150 - Definitions.

§  1150.  Definitions.    As  used in this title the term "water works
  corporation" shall mean any entity that has one thousand or  more  water
  service  connections,  and comes within the definition in section two of
  the public service law or paragraph (a) of subdivision  one  of  section
  one hundred twenty-u of the general municipal law.
2023 New York Laws › PBH - Public Health › Article 11 - Public Water Supplies; Sewerage and Sewage Control › Title 3 - Annual Water Supply Statement › 1152-A - New York State Public Water Supply Report.

§  1152-a.  New York state public water supply report. The department,
  shall prepare an annual New York state public water supply report.  Such
  report  shall  consist  of a compilation and analysis of the information
  and data submitted by water suppliers pursuant to the provisions of this
  article.
2023 New York Laws › PBH - Public Health › Article 11 - Public Water Supplies; Sewerage and Sewage Control › Title 4 - Drinking Water Revolving Fund › 1161 - Eligible Projects; Priority Ranking.

§ 1161. Eligible projects; priority ranking. Subject to the provisions
  of  section  thirty-two  of  the chapter of the laws of 1996 which added
  this section, in consultation with  the  commissioner  of  environmental
  conservation,  the  commissioner  shall establish and maintain a list of
  potentially eligible projects and shall establish, pursuant to rules and
  regulations,  a  process  for  listing  potentially  eligible   projects
  identified by potential recipients and a priority ranking system for the
  purpose  of  providing  financial  assistance  to  recipients  for  such
  projects under this title. In establishing such system, the commissioner
  shall  take  into  account  the  public  health  significance  of   such
  potentially  eligible  projects  which  shall  include,  but need not be
  limited to,  an  assessment  of  (i)  public  health  and  safety;  (ii)
  population  affected;  (iii)  attainment of state drinking water quality
  goals and standards; (iv) taking into consideration the water  resources
  management  strategy pursuant to title twenty-nine of article fifteen of
  the environmental conservation law; (v) taking into consideration future
  physical climate risk due to sea level rise, and/or storm surges  and/or
  flooding,  based  on  available data predicting the likelihood of future
  extreme  weather  events,  including  hazard  risk  analysis   data   if
  applicable;  and  (vi)  compliance with state and federal law, rules and
  regulations.
2023 New York Laws › PBH - Public Health › Article 11 - Public Water Supplies; Sewerage and Sewage Control › Title 4 - Drinking Water Revolving Fund › 1162 - Financial Assistance; Criteria and Standards; Regulations.

§  1162. Financial assistance; criteria and standards; regulations. 1.
  The corporation is authorized to promulgate  regulations,  developed  in
  consultation  with  the commissioner and the director of the division of
  the budget, for the purpose of carrying out its  responsibilities  under
  this   title,   including   establishing   criteria  and  standards  for
  determining the amount and kind of financial assistance to  a  recipient
  for  an  eligible  project.  To  the  extent  financial  assistance to a
  recipient for an eligible project is provided from the proceeds of bonds
  or notes of the corporation, the amount of an allocation  applicable  to
  the  portion  of  such  eligible  project  financed  with such financial
  assistance shall be determined by the  corporation  in  accordance  with
  such regulations, if any.
2.  The  department is authorized to promulgate regulations, developed
  in consultation with the director of the division of the budget and  the
  corporation,  for the purpose of carrying out its responsibilities under
  this title.
2023 New York Laws › PBH - Public Health › Article 11 - Public Water Supplies; Sewerage and Sewage Control › Title 4 - Drinking Water Revolving Fund › 1164 - Inspection and Certification.

§  1164.  Inspection and certification.  The corporation shall provide
  the means of ensuring  compliance  by  recipients  with  each  financing
  agreement by:
1.    Retaining  the right to inspect and review work on each eligible
  project in progress and upon completion, and  determining  whether  such
  work  was undertaken and completed in compliance with all relevant plans
  and the terms of such financing agreement;
2. Retaining the right to disburse or refuse to disburse payments to a
  recipient pursuant to a financing agreement;
3. Retaining the right to disburse or refuse to disburse payments to a
  recipient  pursuant  to   a   financing   agreement   based   upon   the
  determinations of any review or audit;
4.   Establishing remedies if work on an eligible project has not been
  completed in accordance with all relevant plans and the  terms  of  such
  financing agreement due to factors within the recipient's control; and
5.  Requiring a recipient to maintain project accounts with respect to
  any eligible project.
Nothing  herein  shall  be construed to affect or diminish the general
  authority of the department to  inspect  and  review  the  work  on  any
  project  financed  pursuant  to  this  title,  or to inspect the records
  relating to such project, for the purpose of determining compliance with
  any other provisions of this chapter.
2023 New York Laws › PBH - Public Health › Article 11 - Public Water Supplies; Sewerage and Sewage Control › Title 4 - Drinking Water Revolving Fund › 1165 - Noncompliance; Notification.

§ 1165.  Noncompliance; notification.  In the event the work completed
  pursuant  to  a  financing  agreement or loan agreement is deemed not in
  compliance with such  agreement,  the  corporation  shall  expeditiously
  notify the recipient of such non-compliance and indicate the reasons for
  such determination.
2023 New York Laws › PBH - Public Health › Article 11 - Public Water Supplies; Sewerage and Sewage Control › Title 4 - Drinking Water Revolving Fund › 1166 - Implementation Agreements.

§  1166.  Implementation agreements.   For the purpose of implementing
  the drinking water revolving fund program set forth in  this  title  and
  section  twelve hundred eighty-five-m of the public authorities law, and
  ensuring compliance with the requirements of the  state  sanitary  code,
  the federal safe drinking water act or other applicable federal law, the
  department may:
1.    Arrange  in  consultation with the corporation for independently
  conducted reviews and audits on at least an annual  basis  necessary  to
  carry out the objectives of the fund.
2.  Submit a copy of each draft intended use plan to the governor, the
  director  of  the  division  of  the  budget, the chairman of the senate
  finance committee and the  chairman  of  the  assembly  ways  and  means
  committee  and  submit  a  copy  of each final intended use plan to such
  persons.
3.  Enter into any agreement between the state of  New  York  and  the
  administrator  of  the United States environmental protection agency and
  take all other actions necessary to comply with the requirements of  the
  federal safe drinking water act or applicable federal law and state law,
  including,  but  not  limited  to, approving each project as an eligible
  project under the program.
4.   Enter into  such  agreements  with  the  corporation  as  to  the
  administration  and  implementation of the drinking water revolving fund
  as may be deemed desirable or necessary, which  agreements  may  provide
  for   among   other   things,   the   allocation   and   delegation   of
  responsibilities of the commissioner, the department or the  corporation
  set forth in this title amongst such parties.
2023 New York Laws › PBH - Public Health › Article 11 - Public Water Supplies; Sewerage and Sewage Control › Title 4 - Drinking Water Revolving Fund › 1167 - Financial Assistance; Recipients.

§  1167.    Financial  assistance;  recipients.    The corporation may
  provide financial assistance to recipients pursuant to paragraph (a)  of
  subdivision  four  of section twelve hundred eighty-five-m of the public
  authorities law from any available moneys in the  fund  other  than  the
  proceeds  of the corporation's bonds or notes or moneys needed to comply
  with subdivision five of section twelve  hundred  eighty-five-m  of  the
  public  authorities  law if and to the extent the corporation determines
  that it is unable to, or that  it  is  impractical  or  inadvisable  to,
  finance  all  or  a portion of the costs of an eligible project from the
  proceeds  of  bonds  or  notes  that  are  special  obligations  of  the
  corporation.
The interest rate charged on any loan made by the corporation pursuant
  to  this  section  shall  be  such  interest  rate  as determined by the
  corporation (including a zero percent rate of interest),  but  shall  in
  any  event  be  no  more  than two-thirds of the market rate of interest
  otherwise applicable thereto.
2023 New York Laws › PBH - Public Health › Article 11 - Public Water Supplies; Sewerage and Sewage Control › Title 4 - Drinking Water Revolving Fund › 1167-A - Reimbursement of State Assistance Payments or Grants Made to Municipality or Recipient; Admissibility of State Assistance Payments or Grants as Collateral Source.

§ 1167-a. Reimbursement of state assistance payments or grants made to
  municipality or recipient; admissibility of state assistance payments or
  grants  as  collateral  source. 1. A municipality or recipient that: (a)
  receives a state assistance payment/grant from the  corporation  for  an
  eligible  project  to  remove  contaminants from drinking water or water
  supplies under this title, including but not limited to state assistance
  payments/grants for removing  emerging  contaminants;  (b)  takes  legal
  action against a responsible party to recover the costs of such eligible
  project;  and  (c) receives payment by judgment, settlement or otherwise
  from such responsible party for the costs  for  such  eligible  project,
  shall  reimburse  the corporation the portion of such payment that is in
  excess of (1) the total cost of the project (including, but not  limited
  to,  the  capital  costs  and operating and maintenance costs associated
  therewith for the period during which the contamination is  expected  to
  persist and require treatment); and (2) the expenses (including, but not
  limited  to, attorneys' fees and litigation costs and expenses) incurred
  by the municipality or recipient pursuing recovery of  such  costs  from
  responsible   parties,  provided,  however,  that  the  municipality  or
  recipient shall not  reimburse  more  than  the  amount  of  such  state
  assistance payment/grant for the eligible project.
2.  Notwithstanding  any  other  provision  of  law, including section
  forty-five hundred forty-five of  the  civil  practice  law  and  rules,
  evidence  of  any state assistance payment/grant from the corporation to
  any municipality or recipient shall not  be  admissible  in  any  action
  brought by such municipality or recipient against a responsible party to
  recover  the  costs  for  an  eligible  project and/or the operating and
  maintenance costs associated therewith, and the court shall  not  reduce
  the  amount of any award against a responsible party in whole or in part
  because of such state assistance payment or grant.
2023 New York Laws › PBH - Public Health › Article 11 - Public Water Supplies; Sewerage and Sewage Control › Title 4 - Drinking Water Revolving Fund › 1168 - Construction Contracts; Designations.

§  1168.  Construction contracts; designations.  The contracts for the
  construction of eligible projects constructed and financed pursuant to a
  financing agreement shall be subject to the requirements and  provisions
  of  article  fifteen-A  of the executive law and, for such purposes, any
  such contract shall be considered a "state contract" and the  department
  shall be the "contracting agency" for each such contract.
2023 New York Laws › PBH - Public Health › Article 11 - Public Water Supplies; Sewerage and Sewage Control › Title 4 - Drinking Water Revolving Fund › 1169 - Compliance With Other Laws.

§  1169.  Compliance with other laws.  Nothing contained in this title
  shall be held  to  alter  or  abridge  the  powers  and  duties  of  the
  department of environmental conservation.
2023 New York Laws › PBH - Public Health › Article 13 - Nuisances and Sanitation › Title 1 - General Provisions; Control and Abatement › 1300 - Nuisances; General Powers of Commissioner.

§   1300.   Nuisances;   general  powers  of  commissioner.    1.  The
  commissioner shall have all necessary powers to make investigations  and
  examinations into nuisances, or questions affecting the security of life
  and health in any locality.
2.  The commissioner may from time to time employ competent persons to
  render sanitary service, and make or supervise practical and  scientific
  investigations  and  examinations  requiring  expert  skill, and prepare
  plans and reports relative thereto.
2023 New York Laws › PBH - Public Health › Article 13 - Nuisances and Sanitation › Title 1 - General Provisions; Control and Abatement › 1300-A - Putting Noisome or Unwholesome Substances or Maintaining Noisome Business on or Near Highway.

§  1300-a.  Putting  noisome  or unwholesome substances or maintaining
  noisome business on or near highway.  A person, who deposits, leaves  or
  keeps,  on  or  near  a highway or route of public travel, either on the
  land  or  on  the  water,  any  noisome  or  unwholesome  substance,  or
  establishes,  maintains  or carries on, upon or near a public highway or
  route of public travel,  either  on  the  land  or  on  the  water,  any
  business, trade or manufacture which is noisome or detrimental to public
  health,  is  guilty  of  a misdemeanor, punishable by a fine of not less
  than one hundred dollars, or by imprisonment not  less  than  three  nor
  more than six months, or both.
2023 New York Laws › PBH - Public Health › Article 13 - Nuisances and Sanitation › Title 1 - General Provisions; Control and Abatement › 1300-B - Throwing Gas Tar or Refuse Into Public Waters.

§  1300-b.  Throwing  gas tar or refuse into public waters.  A person,
  who throws or deposits gas tar, or the refuse of  a  gas  house  or  gas
  factory, or offal, refuse, or any other noxious, offensive, or poisonous
  substance into any public waters, or into any sewer or stream running or
  entering into such public waters, is guilty of a misdemeanor.
2023 New York Laws › PBH - Public Health › Article 13 - Nuisances and Sanitation › Title 1 - General Provisions; Control and Abatement › 1300-C - Farming Activities.

§  1300-c. Farming activities.  Notwithstanding any other provision of
  law, the agricultural activities conducted on  a  farm,  as  defined  in
  section  six  hundred  seventy-one  of  the  labor  law,  shall  not  be
  considered a private nuisance,  provided  such  agricultural  activities
  were  commenced  prior to the surrounding activities, have not increased
  substantially in magnitude or intensity and have not been determined  to
  be  the cause of conditions dangerous to life or health as determined by
  the commissioner, the local health officer  or  local  board  of  health
  pursuant  to  sections  thirteen  hundred,  thirteen hundred-a, thirteen
  hundred three and thirteen hundred four of this chapter.
2023 New York Laws › PBH - Public Health › Article 13 - Nuisances and Sanitation › Title 1 - General Provisions; Control and Abatement › 1301 - Nuisances; Examination and Abatement by Order of Governor; Expenses.

§  1301.  Nuisances;  examination  and abatement by order of governor;
  expenses.  1. Whenever required by the governor, the commissioner  shall
  make  an  examination  concerning  nuisances  or questions affecting the
  security of life and health  in  any  locality,  and  shall  report  the
  results  thereof  to  the  governor,  within  the time prescribed by him
  therefor.
2. The  report  of  every  such  examination,  when  approved  by  the
  governor,  shall  be  filed in the office of the secretary of state, and
  the governor may declare the matters  public  nuisances,  which  may  be
  found  and  certified  in any such report to be nuisances, and may order
  them to be changed, abated or removed as he may direct.
3. Every such order shall be presumptive evidence of the existence  of
  such  nuisance;  and  the  governor may, by a precept under his hand and
  official seal, require the district attorney, sheriff and other officers
  of the county where such nuisance is maintained, to take  all  necessary
  measures  to  execute such order and cause it to be obeyed, and the acts
  of any such county officer  in  the  abatement  of  any  such  nuisance,
  reasonable  or  necessary  for  such  abatement,  shall  be  lawful  and
  justifiable and the order of the governor  a  sufficient  protection  to
  such officer.
4.  The  expense  of  such abatement shall be paid by the municipality
  where the nuisance occurs, and shall  be  a  debt  recoverable  by  such
  municipality  of  all  persons,  maintaining  it  or  assisting  in  its
  maintenance, and a lien  and  charge  upon  the  lands  upon  which  the
  nuisance is maintained, which may be enforced by a sale of such lands to
  satisfy the same.
2023 New York Laws › PBH - Public Health › Article 13 - Nuisances and Sanitation › Title 1 - General Provisions; Control and Abatement › 1302 - Nuisances; Local Boards of Health; Duty to Assist Commissioner.

§   1302.   Nuisances;   local   boards  of  health;  duty  to  assist
  commissioner.  1. Whenever requested by the commissioner, the  board  of
  health of any health district may appoint one of its members to act with
  and  assist  the commissioner during the investigation or examination of
  any nuisance, or  for  the  purpose  of  determining  whether  a  public
  nuisance exists.
2.  Such  representative  may  take  part in such examination, but the
  final determination of the questions involved shall rest solely with the
  commissioner.
2023 New York Laws › PBH - Public Health › Article 13 - Nuisances and Sanitation › Title 1 - General Provisions; Control and Abatement › 1303 - Nuisances; Local Boards of Health; General Powers and Duties.

§  1303. Nuisances; local boards of health; general powers and duties.
  1. Every local board of health and local health  officer  shall  receive
  and  examine  into  all  complaints  made  by  any inhabitant concerning
  nuisances, or causes of danger or injury to life and health  within  the
  health  district,  and  may  enter  upon or within any place or premises
  where nuisances or conditions dangerous to life and health or which  are
  the  cause  of  nuisances  existing  elsewhere  are known or believed to
  exist, and by its members or other persons designated for that  purpose,
  inspect and examine the same.
2. The local board of health or local health officer having the powers
  of  a  local  board  of  health  shall  furnish  the  owners, agents and
  occupants of the premises with a written statement of  the  results  and
  conclusions  of  any examination conducted pursuant to the provisions of
  sections one thousand three hundred three to one thousand three  hundred
  five, inclusive, of this chapter.
3. Every local board of health shall order the suppression and removal
  of  all nuisances and conditions detrimental to life and health found to
  exist within the health district.
4. Whenever the commissioner shall by notice to the presiding  officer
  of  any local board of health, direct him to convene such local board to
  take certain definite  proceedings  concerning  which  the  commissioner
  shall  be  satisfied that the action recommended by him is necessary for
  the public good, and is within the jurisdiction of such board of health,
  such presiding officer shall convene such local board of  health,  which
  shall take the action directed.
2023 New York Laws › PBH - Public Health › Article 13 - Nuisances and Sanitation › Title 1 - General Provisions; Control and Abatement › 1304 - Nuisances; Local Health Officers; General Powers.

§  1304.  Nuisances; local health officers; general powers.  The local
  health officer of a health district having no local board of health  and
  each  county  health  commissioner shall have authority equal to a local
  board of health to investigate and  abate  public  nuisances  which  may
  affect health.
2023 New York Laws › PBH - Public Health › Article 13 - Nuisances and Sanitation › Title 1 - General Provisions; Control and Abatement › 1305 - Nuisances; Abatement by Local Boards of Health.

§  1305.  Nuisances;  abatement  by  local  boards of health.   1. The
  owners, agents and occupants  of  any  premises  shall  permit  sanitary
  examinations  and  inspections  to be made pursuant to the provisions of
  this article.
2. If the owner or occupant of any premises whereon  any  nuisance  or
  condition  deemed  to  be detrimental to the public health exists or the
  cause of the existence elsewhere, fails to  comply  with  any  order  or
  regulation  of  any  local board or health officer having the power of a
  local board of health for  the  suppression  and  removal  of  any  such
  nuisance or other matter, in the judgment of the board or health officer
  detrimental  to the public health, made, served or posted as required in
  this article, such board or its agents or employees may enter  upon  the
  premises  to  which  such  order  or regulation relates, and suppress or
  remove such nuisance or other matter.
2023 New York Laws › PBH - Public Health › Article 13 - Nuisances and Sanitation › Title 1 - General Provisions; Control and Abatement › 1306 - Nuisances; Abatement Expenses.

§  1306. Nuisances; abatement expenses.  1. The expense of suppression
  or removal of a nuisance or conditions detrimental to  health  shall  be
  paid  by  the  owner  or  occupant of the premises, or by the person who
  caused or maintained such nuisance or other matters, and  the  board  of
  health  of  the  municipality or county wherein the premises are located
  may maintain an action in the name of  the  municipality  or  county  to
  recover  such  expense, and the same when recovered shall be paid to the
  treasurer of the municipality or county, or if it has  no  treasurer  to
  its  chief  fiscal  officer,  to  be  held  and used as the funds of the
  municipality or county.
2. Whenever the suppression or removal of such nuisance or  conditions
  detrimental  to  health demand the immediate expenditure of money, every
  local board of health, local health officer of a health district  having
  no  board of health or county health commissioner shall be authorized to
  use for such purpose any money in the hands of the board, or may call on
  the governing body of the municipality or county as the case may be  for
  such  money.  All such moneys so expended shall be immediately repaid to
  the fund or source whence they were received on the recovery of the same
  by action or otherwise from the persons responsible for the expenses  of
  suppression or removal.
2023 New York Laws › PBH - Public Health › Article 13 - Nuisances and Sanitation › Title 1 - General Provisions; Control and Abatement › 1308 - Powers and Duties of Local Boards of Health.

§  1308. Powers and duties of local boards of health.  It shall be the
  duty of local boards of health to enforce the  public  health  law,  the
  state  sanitary code and local sanitary codes whether promulgated by the
  county or any of the political subdivisions within said county. A  local
  board of health is hereby authorized to make an ex parte application for
  a  temporary  restraining order and upon sufficient proof to satisfy it,
  the court may grant such an order, where there is a violation within the
  jurisdiction of the local  board  of  health  which  requires  immediate
  relief.
2023 New York Laws › PBH - Public Health › Article 13 - Nuisances and Sanitation › Title 1 - General Provisions; Control and Abatement › 1309 - City of New York; Exceptions.

§  1309. City of New York; exceptions.  The provisions of sections one
  thousand three hundred three to one thousand three hundred seven of this
  chapter, inclusive, shall not apply to the city of New York.
2023 New York Laws › PBH - Public Health › Article 13 - Nuisances and Sanitation › Title 1 - General Provisions; Control and Abatement › 1310 - Removal of Canine Wastes in Cities With a Population of Four Hundred Thousand or More Persons and in the Cities of Yonkers and Albany.

§  1310.  Removal of canine wastes in cities with a population of four
  hundred thousand or more persons  and  in  the  cities  of  Yonkers  and
  Albany.   Notwithstanding   any  contrary  provision  of  law,  rule  or
  regulation, in cities with a population of four hundred thousand or more
  persons and in the cities of Yonkers and Albany, it shall be the duty of
  each dog owner or person having possession, custody or control of a  dog
  to  remove  any  feces  left  by his or her dog on any sidewalk, gutter,
  street or other  public  area.  Any  violation  of  this  section  shall
  constitute  a  violation  punishable by a fine or a civil penalty of not
  more than two hundred fifty dollars. For the purposes of  enforcing  the
  provisions  of  this  section,  appearance  tickets  may  be  issued  by
  sanitation officers, dog enumerators, or  wardens  and  by  any  persons
  authorized  to issue tickets for parking violations. Notwithstanding any
  other provision of law to the contrary, in the city of  New  York,  such
  appearance  tickets may be returnable to the environmental control board
  which shall  have  the  power  to  impose  the  civil  penalties  herein
  provided. The provisions of this section shall not apply to a guide dog,
  hearing dog or service dog accompanying any person with a disability, as
  defined  in  subdivision twenty-one of section two hundred ninety-two of
  the executive law.
2023 New York Laws › PBH - Public Health › Article 13 - Nuisances and Sanitation › Title 1 - General Provisions; Control and Abatement › 1311 - Hand Washing Facilities at Certain Public Establishments Featuring Animals.

§  1311.  Hand  washing  facilities  at  certain public establishments
  featuring animals. 1.  All  public  establishments  including,  but  not
  limited  to,  carnivals,  fairs  and  amusement parks, as such terms are
  defined in section eight hundred seventy-c of the labor law, farms,  and
  farmers'  markets,  as such term is defined in section two hundred sixty
  of the agriculture and markets  law,  which  feature  displays  of  live
  animals  that  patrons  may reasonably be expected to come into physical
  contact with for the purpose  of  touching,  holding  or  petting  shall
  provide hand washing or hand cleansing facilities for such patrons. Hand
  washing  or  hand  cleansing  facilities  may  be temporary or permanent
  fixtures and shall include one  or  more  of  the  following:  soap  and
  running  water;  anti-bacterial fluids, foams or gels; or anti-bacterial
  or antiseptic wipes or towels.
2. Signs shall be conspicuously posted and shall state in a clear  and
  legible  typeface,  the following: "Animals may carry germs and bacteria
  that can cause disease  to  people.  It  is  strongly  recommended  that
  persons  wash  or cleanse their hands after touching, holding or petting
  the animals." Such signs shall also indicate where the hand  washing  or
  hand cleansing facility is located.
3.  The  commissioner  may  make  rules guarding against the spread of
  bacteria and viruses at public establishments that  feature  animals  as
  provided  in  subdivision one of this section, to persons employed at or
  to patrons of such establishments where such establishments are  located
  outside  the city of New York, and where such establishments are located
  within the city of New York, the commissioner of public  health  of  the
  city of New York may make and enforce such rules.
2023 New York Laws › PBH - Public Health › Article 13 - Nuisances and Sanitation › Title 2 - Noxious Weeds and Growths › 1320 - Noxious Weeds and Growths; Declaration of Nuisance.

§  1320.  Noxious  weeds  and  growths;  declaration of nuisance.   1.
  Whenever in any health district there shall be growing on  any  property
  therein  any  ragweed or other species of weed, plant or growth which is
  noxious or detrimental to the public health,  or  the  seed,  pollen  or
  other  emanation  therefrom,  when  carried through the air or otherwise
  dispersed, is noxious or detrimental to the  public  health,  the  local
  board  of  health of any such health district may take and file upon its
  records what  it  shall  regard  as  sufficient  proof  to  authorize  a
  declaration  that  the  existence  of  any  such growth is a nuisance or
  danger to the public health, and may thereupon enter the same  upon  its
  records  as  a  nuisance  and order the same to be removed, destroyed or
  otherwise abated on any property wherever found.
2. The local board of health may also take and file among its  records
  what it shall regard as sufficient proof to authorize a declaration that
  at  any  season  or  period  of  the  year there exists a particular and
  imminent danger to the public health by reason of the approaching period
  of pollination of any such growth and may enter such determination  upon
  its record.
2023 New York Laws › PBH - Public Health › Article 13 - Nuisances and Sanitation › Title 2 - Noxious Weeds and Growths › 1321 - Noxious Weeds and Growths; Notice to Abate; Enforcement.

§  1321.  Noxious weeds and growths; notice to abate; enforcement.  1.
  In addition to the mode of service of any notice or order of  any  local
  board  of  health  authorized  by any other section of this chapter, and
  during the period or season when a particular  and  imminent  danger  to
  public health arising out of the pollination of weeds, plants or growths
  is  determined  to  exist,  any such local board of health may order the
  destruction of such weeds, plants or growths and the disposition thereof
  by posting a copy of such order conspicuously on the property where such
  noxious weeds, plants, or growths are found, requiring  the  destruction
  or  other  disposition  thereof  as shall be directed by such order. The
  posting of such order shall be sufficient notice of such  order  to  the
  owner, lessee, occupant of, or principal person or persons interested in
  such property, of the nuisance created by such weeds, plants or growths.
2.  If any such order is not complied with, or so far complied with as
  the local board of health shall regard as reasonable, within  five  days
  after  service,  or  within a shorter time, which, in case of particular
  and imminent danger to the public health the local board of  health  may
  designate,   such   local  board  of  health  or  other  agency  of  the
  municipality or county may enter upon any such property and  remove  and
  destroy  any  weeds,  plants  and  growths noxious or detrimental to the
  public health.
3. The provisions  of  sections  thirteen  hundred  six  and  thirteen
  hundred seven of this chapter shall apply respecting the expense of such
  removal,  destruction  or  abatement, except where a different method of
  collecting such expense is otherwise provided by law for and in  respect
  to  any  health  district, then and in that event the provisions of such
  law in connection therewith shall apply  in  the  case  of  such  health
  district.
4.  The  provisions  of  this  section and of section thirteen hundred
  twenty  of  this  chapter  shall  not  operate  to  deprive  the   local
  legislative  body  of  any  municipality or county of the power to enact
  local laws in relation to any matter in  respect  to  which  such  power
  would  otherwise  exist,  nor  shall  it limit such power. If this power
  otherwise exists, any provision of this section and of section  thirteen
  hundred  twenty  of  this  chapter  may  be  superseded, supplemented or
  amended by local law in the same manner and to the same extent  as  such
  provisions could be superseded, supplemented or amended had this section
  and section thirteen hundred twenty of this chapter not been enacted.
2023 New York Laws › PBH - Public Health › Article 13 - Nuisances and Sanitation › Title 3 - Tenement House Sanitation › 1325 - Tenement Houses in Cities; Power of Commissioner.

§  1325.  Tenement  houses  in  cities;  power of commissioner. 1. The
  commissioner shall have power to examine into  the  enforcement  of  the
  laws relating to tenement houses in any city.
2. Whenever required by the governor, the commissioner shall make such
  an  examination  and  shall  report  the results thereof to the governor
  within the time prescribed by him therefor.
2023 New York Laws › PBH - Public Health › Article 13 - Nuisances and Sanitation › Title 5 - Suppression of Certain Businesses › 1335 - Certain Businesses Prohibited; Application.

§  1335.  Certain businesses prohibited; application.  1. It shall not
  be lawful for any person to engage in or carry on the  business  of  fat
  rendering, boneboiling or the manufacture of fertilizers or any business
  as  a  public  nuisance  within the corporate limits of any incorporated
  city of this state, or  within  a  distance  of  three  miles  from  the
  corporate  limits  of  any  incorporated  city,  provided, however, that
  nothing herein contained shall prevent the  rendering  of  fresh  killed
  cattle or swine.
2.  This  section  shall  not  apply to the counties of Fulton, Wayne,
  Tompkins, Chautauqua, Orange, Dutchess, Erie, Monroe, Oneida,  Onondaga,
  New  York,  Schoharie,  Ulster,  Greene,  Cayuga,  Cattaraugus, Niagara,
  Saratoga, Schenectady, Hamilton, Montgomery and Orleans.
2023 New York Laws › PBH - Public Health › Article 13 - Nuisances and Sanitation › Title 5 - Suppression of Certain Businesses › 1336 - Certain Businesses Prohibited; Enforcement; Violation.

§ 1336. Certain businesses prohibited; enforcement; violation.  1. All
  departments  of  health  or the commissioner or commissioners thereof in
  any incorporated city of this state shall  have  power  to  enforce  the
  provisions of section thirteen hundred thirty-five of this chapter.
2.  Any  person  violating  the provisions of section thirteen hundred
  thirty-five of this chapter shall, upon conviction thereof, be guilty of
  a misdemeanor.
2023 New York Laws › PBH - Public Health › Article 13 - Nuisances and Sanitation › Title 6 - Bathing Establishments › 1340 - Bathing Places; Sanitary Requirements.

§  1340.  Bathing  places;  sanitary  requirements.    1.  It shall be
unlawful for any person to maintain, either  as  owner  or  lessee,  any
bathing  establishment of any kind, in this state, for the accommodation
of persons, for pay, or any consideration, at a  point  less  than  five
hundred  feet from any sewer connection emptying therein, or thereat, so
as to pollute in any way, the waters  used  by  those  using  or  hiring
bathing houses at such bathing establishment.
2.  It  shall  be  the  duty  of the owner, lessee or any other person
maintaining any bathing establishment of any kind:
(a) to provide separate  toilet  rooms,  with  water-closets  properly
provided with sanitary plumbing, constructed in a manner approved by the
local  board  of  health  of  the  health  district  wherein the bathing
establishment is located, and in such a way as not  to  contaminate  the
waters used by the bathers; and,
(b) to thoroughly wash and disinfect, or cause to be thoroughly washed
and disinfected, in a manner approved by the said local board of health,
all  bathing  suits  that  have  been hired or used, before re-hiring or
permitting the use of the same again.
2023 New York Laws › PBH - Public Health › Article 13 - Nuisances and Sanitation › Title 6 - Bathing Establishments › 1342 - Bathing Places; Violations; Penalties; Enforcement.

§  1342.  Bathing  places; violations; penalties; enforcement.  1. Any
  person violating any of  the  provisions  of  section  thirteen  hundred
  forty-one  of  this chapter, shall forfeit and pay a penalty of not less
  than fifty dollars, nor more than two hundred dollars to be recovered by
  the sheriff of the county in which such violation is  committed,  except
  in  the city of New York, when the penalty shall be sued for in the name
  of the department of health of the city of New York and collected by it.
2. A separate penalty may be recovered for each day  that  any  person
  subject  to  the  provisions  of  this  section  may  violate any of the
  provisions of the same; but no penalty shall be recovered for any  other
  violation  thereof  than  shall  have  occurred during the days when the
  owner  or  lessee,  or  other  person,  maintaining  the  said   bathing
  establishments, shall have kept the same open for the use of the public,
  or  for  such  persons as may be the guests of any hotel with which such
  bathing establishments may be connected.
3. It shall be the duty of the sheriffs and constables of the  several
  counties  of this state abutting upon the seashore, to see that in their
  respective counties the provisions of this section are enforced, and  to
  bring suit for the recovery of the penalty therein provided, unless some
  other person had already brought suit for the same.
2023 New York Laws › PBH - Public Health › Article 13 - Nuisances and Sanitation › Title 7 - Hotel Sanitation › 1345 - Hotel Sanitation; Sewage; Ventilation.

§  1345.  Hotel sanitation; sewage; ventilation.  Every hotel shall be
  well drained and ventilated and every hotel connected with a cesspool or
  located in  any  municipality  having  a  sewer  system  shall  be  well
  ventilated,   drained,  plumbed  and  connected  according  to  sanitary
  principles with such cesspool or sewer system, and shall  be  kept  free
  from  effluvia  arising  from sewer, drain, water-closet or other source
  within the control of the owner,  manager,  agent  or  other  person  in
  charge of said hotel.
2023 New York Laws › PBH - Public Health › Article 13 - Nuisances and Sanitation › Title 7 - Hotel Sanitation › 1346 - Hotel Sanitation; Bedding; Sheets, Towels, Drinking Glasses, Silverware and Flatware.

§  1346.  Hotel sanitation; bedding; sheets, towels, drinking glasses,
  silverware and flatware. 1. Every hotel shall furnish  each  guest  with
  clean  linen  or  cotton individual towels in each room occupied by such
  guest, and also in the public lavatories and washrooms  of  such  hotel,
  and  with  clean sheets and pillow slips for the bed, bunk, or cot to be
  occupied by such guest.
2. Every hotel that furnishes drinking glasses, silverware or flatware
  in individual rooms shall provide that such items  are  fully  sanitized
  using proper techniques as provided for by the department.
3.  Each  sheet  shall be ninety-one inches long, minimum length after
  being hemmed and laundered, and of sufficient width to completely  cover
  the  mattress  and  springs, and all sheets and pillow slips after being
  used by one  guest  must  be  washed,  ironed  and  dried  before  being
  furnished to another guest.
4.  Nothing  in  this  section shall prevent local municipalities from
  enacting stricter laws, rules or regulations.
2023 New York Laws › PBH - Public Health › Article 13 - Nuisances and Sanitation › Title 7 - Hotel Sanitation › 1347 - Hotel Sanitation; Enforcement; Violations.

§ 1347. Hotel sanitation; enforcement; violations.  1. All departments
  and boards of health and the commissioner or commissioners thereof shall
  have  the  power  to enforce the provisions of sections thirteen hundred
  forty-five to thirteen hundred forty-seven, inclusive, of this chapter.
2. The commissioners of health and  the  respective  local  boards  of
  health  and  any person authorized by either of them so to do, may enter
  any hotel or any part thereof at any  reasonable  time  to  inspect  and
  examine  the  same, to determine whether or not the laws and regulations
  relating to hotels are being violated.
3. Any hotel proprieter or manager violating any of the provisions  of
  sections  thirteen  hundred  forty-five to thirteen hundred forty-seven,
  inclusive, of this chapter, is guilty of a misdemeanor.
2023 New York Laws › PBH - Public Health › Article 13 - Nuisances and Sanitation › Title 7 - Hotel Sanitation › 1348 - Hotel Sanitation; Application of Article.

§  1348.  Hotel sanitation; application of article.  The provisions of
  sections thirteen hundred forty-five to  thirteen  hundred  forty-seven,
  inclusive,  of  this  chapter,  shall  not  apply  to  cities  having  a
  population of one million inhabitants or over.
2023 New York Laws › PBH - Public Health › Article 13 - Nuisances and Sanitation › Title 8 - Food Handling › 1350 - Food Places; Powers of the Commissioner.

§  1350. Food places; powers of the commissioner.  1. The commissioner
  shall have full power and authority to inspect and supervise all  public
  places in this state in which food is prepared, sold or served.
2.  The  commissioner  may  appoint  and designate, from time to time,
  persons to make the inspections authorized by this section  and  section
  thirteen hundred fifty-one, of this chapter.
2023 New York Laws › PBH - Public Health › Article 13 - Nuisances and Sanitation › Title 8 - Food Handling › 1351 - Food Places; Duty to Permit Inspections.

§  1351.  Food  places;  duty  to  permit  inspections.  Every  owner,
  operator, lessor, lessee or person in charge of any  hotel,  restaurant,
  dining  room,  dining car, drug store, soda fountain, steamboat or other
  place engaged in the preparation, sale or service of food for and to the
  general public, and every officer or  other  person  in  charge  of  any
  public,  penal or charitable institution in this state, shall permit the
  commissioner or his duly authorized agents or employees to  have  access
  to all parts of any and all of such places herein mentioned wherein food
  is  stored,  prepared  or served for the purpose of ascertaining whether
  the provisions of sections thirteen hundred fifty  to  thirteen  hundred
  fifty-two,  inclusive,  of  this  chapter,  and  the  provisions  of the
  sanitary code and provisions of  local  ordinances  or  regulations  are
  being observed.
2023 New York Laws › PBH - Public Health › Article 13 - Nuisances and Sanitation › Title 8 - Food Handling › 1352-A - Food Places; Toilet Facilities.

§  1352-a. Food places; toilet facilities.  1. A person or corporation
  operating an establishment with a seating capacity  of  twenty  or  more
  wherein  food  is  sold  for  consumption  on the premises shall provide
  appropriately identified and maintained public toilet facilities  except
  that if there exists alternate available facilities in the same building
  wherein  such  establishment  is located, suitable public notice of such
  alternate facility shall suffice for purposes of this act.
2. The provisions of subdivision one of this section shall  not  apply
  to establishments in operation on the effective date of this act.
2023 New York Laws › PBH - Public Health › Article 13 - Nuisances and Sanitation › Title 8 - Food Handling › 1352-C - Ice Cream or Other Frozen Desserts Made With Liquor, Wine, Beer or Cider.

§  1352-c.  Ice cream or other frozen desserts made with liquor, wine,
beer or cider. No person shall sell at retail individual servings of ice
cream or other frozen desserts made with liquor,  wine,  beer  or  cider
bearing  or  containing  more  than one-half of one percent but not more
than five percent of alcohol by volume, unless the following  statements
are  prominently  displayed on the printed menu (or, if no printed menus
are used, on the menu board or sign setting  forth  the  bill  of  fare)
immediately adjacent to the listing of the item or items of ice cream or
other  frozen  desserts  made  with  liquor,  wine,  beer or cider being
offered provided that such statements may refer to liquor, wine, beer or
cider or a combination thereof:
1. The sale of (insert liquor, wine, beer and/or cider) ice  cream  or
other  frozen  desserts  to  individuals  under the age of twenty-one is
prohibited.
2. (Insert liquor, wine, beer and/or cider) ice cream or other  frozen
desserts contain alcohol up to five percent by volume.
3. Notice: (Insert liquor, wine, beer and/or cider) ice cream or other
frozen  desserts  contain  alcohol  used as a flavoring and, as with any
product that contains alcohol:
(a) women should not consume alcohol during pregnancy because  of  the
risk of birth defects, and
(b)  consumption  of  alcohol  impairs  your ability to drive a car or
operate machinery, and may cause health problems.
2023 New York Laws › PBH - Public Health › Article 13 - Nuisances and Sanitation › Title 8 - Food Handling › 1352-D - Public Food Service Establishment Inspection Results.

§ 1352-d. Public food service establishment inspection results. 1. (a)
The  department shall make available and prominently post on its website
all public food service establishment inspection results  for  the  most
recent  three years for which data is available, which shall include the
determination concerning any alleged violation of this title.
(b) As used in this section,  "its  website"  means  a  website  or  a
portion  of  a  website  maintained  by an entity of state government on
which the department regularly posts departmental information.
(c) If a  county  department  of  health  or  local  board  of  health
maintains  a  website,  it shall post a link to the department's website
where the food service establishment inspection results are available.
2. A city with a population over one million shall  be  exempted  from
the provisions of this section.