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The commissioner may send to such place as he or she may direct, all aliens and other persons in the city, not residents thereof, who shall be sick of any communicable disease. The expense of the support of such aliens or other persons shall be defrayed by the city, unless such aliens or other persons shall be entitled to support from the commissioner of immigration and naturalization of the United States.
a. For the purposes of this section, "pollutants" means particulate matter that is less than 2.5 micrometers in diameter, nitrogen dioxide, nitric oxide, sulfur dioxide and ground-level ozone.
b. The department shall conduct a community air quality survey on an annual basis. Such survey shall:
1. Measure pollutants at street-level at monitoring sites across the city of New York over every season of the year, selected to ensure that the number of monitoring sites provides adequate information to assess the range of common emissions sources and neighborhood pollutant concentrations across the city, as determined by the department. At the discretion of the department, data on ozone may be measured in the summer months only and data on sulfur dioxide may be measured in the winter months only;
2. Determine whether and how concentrations of pollutants near monitor sites vary across the city and the relationship, if any, of such concentrations to local traffic, building emissions and other factors;
3. Identify the major local sources of pollutants that contribute to local variation in the concentrations thereof;
4. Identify patterns of pollutants by geographic area, by source, and by season or time of year;
5. Produce maps indicating the varying concentration levels of pollutants across neighborhoods and by pollutant;
6. Write an annual report summarizing the results of the activities described in paragraphs one through five of this subdivision;
7. Include in such report the findings of any completed or ongoing health surveillance or research studies using community air quality survey data to estimate population exposure to pollutants; and
8. Describe in the report the scientific methodology used to select monitor locations for measuring pollutants and for studying variations in pollutant concentrations.
c. Beginning April 22, 2016, and on or before April 22 annually thereafter, the department shall submit to the speaker of the council a report with the results of the annual community air quality survey for the most recently available year's analysis. The department shall post a copy of such annual report on the department's website. The data included in such posted report shall be in a machine-readable format.
(L.L. 2015/103, 11/4/2015, eff. 3/3/2016)
There shall be placed at least two resuscitation devices in every courthouse in the city which shall be maintained in a conventionally available and safe place. The commissioner of citywide administrative services shall promulgate such rules and regulations as may be necessary for the training of department of citywide administrative services personnel in the operation and use of same and at the end of their course they shall receive a certification from the department.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1996/059.
a. The actions, proceedings, authority, and orders of the department shall at all times be regarded as in their nature judicial, and be treated as prima facie just and legal.
b. In any action or proceeding the right of such department or police department to make any order or cause the execution thereof, shall be presumed.
c. All meetings of the board shall in every action and proceeding be taken to have been duly called and regularly held, and all orders and proceedings to have been duly authorized, unless the contrary be proved.
Copies of the records of the proceedings of the department or board, of the rules, regulations, by-laws and books and papers, constituting part of their archives and at any time in force in the city, when authenticated by the secretary or secretary pro tempore of the department, shall be presumptive evidence of the facts, statements and recitals therein contained, and the authentication taken as presumptively correct, in any court of justice or judicial proceeding, when they may be relevant to the point or matter in controversy.
a. Any justice of the supreme court of the first or second department, or who is holding court or chambers therein, upon the written application of the commissioner, may issue his or her order by him or her subscribed, for the examination without unreasonable delay by or before such justice of any person or persons, and the production of books or papers or the inspection and taking of copies of the whole or parts thereof, at a time and place within the city, and in such order to be named, provided it shall appear to the satisfaction of such justice or court that any matter or point affecting life or health is involved. It shall be the duty of such justice to take or superintend such examination, which shall be under oath, and shall be signed by the party or parties examined and be certified by the justice, and with any copies of books or papers, to be delivered to the department for the use of the department.
b. Such examination, and any proceeding connected therewith, or under such order, may wholly or in part be had, conducted or continued by or before any other of such justices, as well as that one who made the order; and in and about the same, every such justice shall have as full power and authority to punish for contempt, and enforce obedience to such or other order or direction or that of any other judge respecting the matter as any such justice of the supreme court may now have, or shall possess, to enforce obedience or punish contempt in any case or matter whatsoever. Such application shall name or describe the person or persons whose examination is sought, and so far as possible the books or papers desired to be inspected, and the matter or points affecting life or health as to which the commissioner requests the examination to take place, and the justice shall on the proceedings, decide what questions are pertinent and allowable in respect thereto, and shall require the same to be properly answered; but no answer of any person so examined shall be used in any criminal proceeding. Service of any order of any such justice may be made, and the same proved in the same manner as the service of either an injunction or a subpoena. And it shall be the duty of the justice to facilitate the early determination of the proceedings.
Upon the application of any party in interest in any matter pending examination before the department, by affidavit, stating the grounds of such application, to any judge of a court of record, and asking that any person or persons therein named shall appear before the department, or any person taking or about to take such examination, at some time or times and place to be stated in the affidavit, it shall be the duty of such judge, if he or she shall discover reasonable cause so to do, to issue his or her order requiring such person or persons named to appear and submit to such examination as, and to the extent such order may state, at the time and place to be in the order named; and the order, signed by such judge, may be served, and shall in all respects be obeyed as a subpoena duly issued. A refusal to submit to the proper examination may be punished by such judge or by any judge of such court as a contempt of court, upon the facts as to such refusal being brought before any such judge by affidavit.
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