§ 153. Duty in case of peril to public health. In case of great and
imminent peril to the public health of the city, by reason of impending
pestilence, it shall be the duty of the commissioner, with the sanction
of the common council, if it be practicable to convene that body for
prompt action, or if not, when approved by the board of estimate and
apportionment, 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 from moneys made
available pursuant to section seventy-six of this chapter or section
29.00 of the local finance law, for the preservation and protection of
the public health, as he may deem necessary and proper. Such peril to
public health shall be deemed to exist only when and for such period as
the commissioner and the board of estimate and apportionment, by
unanimous vote, shall determine.