by L. 1909, ch. 105, L. 1913, ch. 559, L. 1915, chs. 124 and 555, L. 1916, ch. 369, and L. 1918, ch. 275, in effect April 19, 1918.)

solidated

district

§ 20-a. Expenses of consolidated health district. A Expenses consolidated health district may adopt the estimate of consystem as provided by section twenty of this chapter, health and, as provided by such section, may make and file with the clerk of the board of supervisors of the county, or if such district be located in more than one county, with the clerk of the board of supervisors of each such county, an estimate for the remainder of the current year and for the ensuing calendar year, and may issue a certificate of indebtedness upon the credit of the district for such portion of such estimate as may be needed to pay the expenses of the board until the tax levied on account of such assessment shall have been collected and paid to the board as provided by section twenty of this chapter. Such tax when collected shall be applicable in the first instance to the payment of such certificate. (Added. by L. 1917, ch. 182, in effect April 16, 1917.)

§ 21. General powers and duties of local boards of Local health. Every such local board of health shall meet boards of at stated intervals to be fixed by it, in the municipality. The presiding officer of every such board may call special meetings thereof when in his judgment the pro- Meetings tection of the public health of the municipality requires it, and he shall call such meeting upon the petition of at least twenty-five residents thereof, of full age, setting forth the necessity of such meeting. Every such local board, subject to the provisions of the public health law and of the sanitary code, shall prescribe the duties Prescribe and powers of the local health officer, who shall be its duties of chief executive officer, and direct him in the perform- officer ance of his duties, and fix his compensation, which in Compensacase of health officers of cities, towns and villages, hav- tion of ing a population of eight thousand or less, shall not be officer

less than the equivalent of ten cents per annum per inhabitant of the city, town or village according to the latest federal or state enumeration; and in cities, towns and villages having a population of more than eight thousand shall not be less than eight hundred dollars per annum. In addition to his compensation so fixed, the board of health must allow the actual and reasonable expenses of said health officer in the performance of his official duties and in going to, attending and returning from, the annual sanitary conference of health officers, or equivalent meeting, held yearly within the state, and conferences called by the sanitary supervisor of the district, and whenever the services rendered by its health officer shall include the care of smallpox, the board of health shall allow, or whenever such services are extraordinary, by reason of infectious diseases, or otherwise, they may in their discretion, allow to him such further sum in addition to said fixed compensation as shall be equal to the charges for consultation services in the locality, audited by the town board of a town, by the board of trustees of a village or by the proper auditing board of a city of the third class, which said expenses and said additional compensation shall be a charge upon and paid by the municipality as provided in section thirty-five of this chapter. Every such local board shall make and publish from time to time all such orders and regulations, not inconsistent with the provisions of the sanitary code, as it may deem necessary and proper for the preservation of life and health and the execution and enforcement of this chapter in the municipality. It shall make without publication thereof, such orders and regulations for the suppression of nuisances and concerning all other matters in its judgment detrimental to the public health in special or individual

of orders

may

may

subpoenas,

of wit

cases, not of general application, and serve copies Service thereof upon the owner or occupant of any premises whereon such nuisances or other matters may exist, or upon which may exist the cause of other nuisances Posting to other premises, or cause the same to be conspicu- of orders ously posted thereon. The health officer may employ Health such persons as shall be necessary to enable him to officer carry into effect the orders and regulations of the employ board of health and the provisions of the public health persons law and of the sanitary code, and fix their compensation within the limits of the appropriation therefor. The board of health may issue subpœnas, compel the attendance of witnesses, administer oaths to witnesses Board and compel them to testify, and for such purposes it issue shall have the same powers as a justice of the peace summer of the state in a civil action of which he has jurisdic- attendance tion. It may designate by resolution one of its mem- nesses, etc. bers to sign and issue such subpœnas. No subpœna shall be served outside the jurisdiction of the board issuing it, and no witness shall be interrogated or compelled to testify upon matters not related to the public health. It may issue warrants to any constable or Board policeman of the municipality to apprehend and remove issue such persons as cannot otherwise be subjected to its warrants orders or regulations, and a warrant to the sheriff of the county to bring to its aid the power of the county whenever it shall be necessary to do so. Every warrant shall be forthwith executed by the officer to whom directed, who shall have the same powers and be subject to the same duties in the execution thereof, as if it had been duly issued out of a court of record of the state. Board Every such local board may prescribe and impose pen- may alties for the violation of or failure to comply with penalties any of its orders or regulations, not exceeding one hun- and dred dollars for a single violation or failure, to be actions sued for and recovered by it in the name and for the benefit of the municipality; and may maintain actions

may

in any court of competent jurisdiction to restrain by injunction such violations, or otherwise to enforce such orders and regulations. (Am'd L. 1909, ch. 480, and L. 1913, ch. 559.)

§ 21-a. Powers and duties as to sewers. Whenever such local board of health in any incorporated village shall deem the sewers of such village insufficient to properly and safely sewer such village, and protect the public health, it shall certify such fact in writing, stating and recommending what additions or alterations should in the judgment of such board of health be made, with its reasons therefor, to the state commissioner of health for his approval, and if such recommendations shall be approved by the state commissioner of health, it shall be the duty of the board of trustees or other board of such village having jurisdiction of the construction of sewers therein, if there be such a board, whether sufficient funds shall be on hand for such purpose or not, to forthwith make such additions to or alterations in the sewers of such village and execute such recommendations, and the expenses thereof shall be paid for wholly by said village in the same manner as other village expenses are paid or by an assessment of the whole amount against the property benefited, or partly by the village and partly by an assessment against the property benefited, as the board of trustees of such village shall by resolution determine. If the board of trustees shall determine that such expenses shall be paid partly by the village and partly by an assessment against the property benefited, as authorized by this section, it shall in the resolution making such determination fix the proportion of such expense to be borne by each, and the proportion thereof to be raised by an assessment against the property benefited shall be assessed and collected in the manner provided by the village law for the assessment and collection of sewer assessments. Said village is hereby authorized to raise such sum as may be necessary for the payment of the expenses incurred, which are a village charge, if any, as herein provided, in addition to the amount such village is now authorized to raise by law for corporation purposes, and such board shall have the right to acquire such lands, rights of way, or other easements, by gift, or purchase, or in case the same cannot be acquired by purchase may acquire the same by condemnation in the manner provided by law. (Added by L. 1913, ch. 559, in effect May 16, 1913.)

powers

duties of

§ 21-b. General powers and duties of health officers. General Health officers of towns and villages, in addition to and such other duties as may be lawfully imposed upon health them and subject to the provisions of the public health officers law and the sanitary code, shall perform the following duties:

Sanitary

1. Make an annual sanitary survey and maintain a survey continuous sanitary supervision over the territory within their jurisdiction.

2. Make a medical examination of every school child as soon as practicable after the opening of each school year, except in those schools in which the authorities thereof make other provision for the medical examination of the pupils. (Superseded in effect by Art. 20-a of Education Law, added by L. 1913, ch. 627, in effect Aug. 1, 1913.)

of school

3. Make a sanitary inspection periodically of all Inspection school buildings and places of public assemblage, and buildings report thereon to those responsible for the maintenance places of of such school buildings and places of public assem

blage.

and

public

assem

blage

tion as

4. Promote the spread of information as to the Informacauses, nature and prevention of prevalent diseases, to diseases,

and the preservation and improvement of health.

5. Take such steps as may be necessary to secure

and the preservation of health