§ 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.