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This entry was published on 2014-09-22
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SECTION 340
County or part-county health districts; establishment
Public Health (PBH) CHAPTER 45, ARTICLE 3, TITLE 3
§ 340. County or part-county health districts; establishment. 1. (a)
The board of supervisors of any county, with the approval of the
commissioner shall have power to establish a county or part-county
health district and in such event shall appoint a board of health for
such county or part-county health district. No city or any part thereof
shall be included as a part of any such health district unless the mayor
and a majority of the common council of such city or the officials
exercising similar powers shall have consented thereto and, in respect
of cities having a population of fifty thousand or more, according to
the last preceding federal or state census or enumeration, unless a
majority of the supervisors representing that part of the county outside
such city shall have consented thereto.

(b) Notwithstanding the provisions of this subdivision or any other
general, special or local law to the contrary, and except as provided in
the provisions of article thirteen-E of this chapter, a board of health
of a county health district, if there be one, shall have sole
jurisdiction to enforce the provisions of article thirteen-E of this
chapter on a county-wide basis.

2. In a county containing one or more cities having a population of
fifty thousand or more, according to the last preceding federal or state
census or enumeration which are not to be included in a county or
part-county health district, a majority of the supervisors representing
that part of the county outside such city or cities may petition the
board of supervisors to establish such part of the county as a
part-county health district and, upon receiving such petition, the board
of supervisors shall forthwith file a certified copy of such petition
with the commissioner.

3. Whenever the provisions of this section shall have been proposed to
be adopted in any county, and proceedings have been taken to establish a
county or part-county health district within any such county, the board
of supervisors shall notify the commissioner in writing of the proposed
establishment of such county or part-county health district, and in such
notice shall state the extent of the territory intended to be included
within such district. The consent of the commissioner to the
establishment of any such health district shall be evidenced by a
certificate, setting forth the approval of the commissioner to the
establishment of such health district. Such certificate shall be filed
with the clerk of the board of supervisors.