N.Y. Laws » CHAPTER Public Health / ARTICLE Nuisances and Sanitation / TITLE Bathing Establishments
New York Consolidated Laws

N.Y. Public Health Law § 1340 (2026)

Bathing places; sanitary requirements

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 1340. Bathing places; sanitary requirements.  1. It shall be
unlawful for any person to maintain, either as owner or lessee, any
bathing establishment of any kind, in this state, for the accommodation
of persons, for pay, or any consideration, at a point less than five
hundred feet from any sewer connection emptying therein, or thereat, so
as to pollute in any way, the waters used by those using or hiring
bathing houses at such bathing establishment.
  2. It shall be the duty of the owner, lessee or any other person
maintaining any bathing establishment of any kind:
  (a) to provide separate toilet rooms, with water-closets properly
provided with sanitary plumbing, constructed in a manner approved by the
local board of health of the health district wherein the bathing
establishment is located, and in such a way as not to contaminate the
waters used by the bathers; and,
  (b) to thoroughly wash and disinfect, or cause to be thoroughly washed
and disinfected, in a manner approved by the said local board of health,
all bathing suits that have been hired or used, before re-hiring or
permitting the use of the same again.
Notes of Decisions
Cited in 12 cases, 1986–1999 · leading case: Pokoik v. Dep't of Health Servs., 533 N.E.2d 249 (N.Y. 1988).
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Pokoik v. Dep't of Health Servs., 533 N.E.2d 249 (N.Y. 1988). · cites it 24× “Petitioner commenced the present article 78 proceeding to compel respondent, the Suffolk County Department of Health Services, to enforce Public Health Law § 1340 (2) (a) by requiring the respondent Village to provide toilet facilities for beachgoers.”
Pokoik v. Dep't of Health Servs., 237 A.D.2d 368 (N.Y. App. Div. 2d Dep't 1997). · cites it 8× “In a hybrid proceeding pursuant to CPLR article 78 in the nature of mandamus to compel compliance with Public Health Law § 1340 (2) (a) and an action for a judgment declaring, inter alia, that a purported waiver of compliance with Public Health Law § 1340 (2) (a) issued by the…”
Pokoik v. Dep't of Health Servs. of Cnty. of Suffolk, 220 A.D.2d 13 (N.Y. App. Div. 2d Dep't 1996). “The first decretal paragraph grants partial summary judgment to the plaintiff-petitioner Lee Pokoik on his cause of action for a judgment declaring the invalidity of a waiver of the requirement of Public Health Law § 1340 (2) (a) that the defendant-respondent Village, as the…”
Pokoik v. Dep't of Health Servs., 138 A.D.2d 602 (N.Y. App. Div. 2d Dep't 1988). · cites it 6× “In a proceeding pursuant to CPLR article 78 to compel the respondents to comply with Public Health Law § 1340 (2) (a), the petitioner appeals from an order and judgment (one paper) of the Supreme Court, Suffolk County (Goldstein, J.”
Kusky v. Town of Islip, 266 A.D.2d 460 (N.Y. App. Div. 2d Dep't 1999). · cites it 2× “*461 In Matter of Kusky v Town of Islip ( 191 AD2d 633 ), this Court determined that the ocean beach at Seaview was subject to the provisions of Public Health Law § 1340 (2) (a), which mandates the installation of public toilets at bathing establishments.”
Pokoik v. Dep't of Health Servs., 185 A.D.2d 929 (N.Y. App. Div. 2d Dep't 1992). · cites it 3× “— In a proceeding pursuant to CPLR article 78 to compel the appellants to comply with Public Health Law § 1340 (2) (a), the appeals are (1) from so much of an order of the Supreme Court, Suffolk County (Hand, J.”
Pokoik v. Dep't of Health Servs. of Cnty. of Suffolk, 119 A.D.2d 579 (N.Y. App. Div. 2d Dep't 1986). “— In a proceeding pursuant to CPLR article 78 to compel the respondents to comply with Public Health Law § 1340 (2) (a), the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Mclnerney, J.”
Pokoik v. Dep't of Health Servs., 210 A.D.2d 414 (N.Y. App. Div. 2d Dep't 1994). · cites it 2× “—In a hybrid proceeding and action pursuant to CPLR article 78 and for a judgment declaring, inter alia, the legality of a purported waiver of compliance with Public Health Law § 1340 (2) (a) and the legality of Local Laws, 1990, No.”
Kusky v. Town of Islip, 191 A.D.2d 633 (N.Y. App. Div. 2d Dep't 1993). “0]), promulgated in furtherance of Public Health Law § 1340 (2) (a). It was error for the *634 court to conclude that the beach at issue was exempt from these requirements.”
Kusky v. Town of Islip, 219 A.D.2d 603 (N.Y. App. Div. 2d Dep't 1995). “In Matter of Kusky v Town of Islip ( 191 AD2d 633 ), this Court determined that the ocean beach at Seaview, which falls within the Town of Islip was subject to the provisions of Public Health Law § 1340 (2) (a), which mandates the installation of public toilets at bathing…”
Pokoik v. Dep't of Health Servs., 185 A.D.2d 928 (N.Y. App. Div. 2d Dep't 1992). “— In a proceeding pursuant to CPLR article 78 to compel the appellants to comply with Public Health Law § 1340 (2) (a), the Village of Ocean Beach appeals from an order of the Supreme Court, Suffolk County (Hand, J.”
Pokoik v. Dep't of Health Servs., 254 A.D.2d 421 (N.Y. App. Div. 2d Dep't 1998). “In a hybrid proceeding pursuant to CPLR article 78 to compel compliance with Public Health Law § 1340 (2) (a) and an action for a declaratory judgment, the Village of Ocean Beach ap *422 peals from (1) an order of the Supreme Court, Suffolk County (Oshrin, J.”
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