Section 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.