N.Y. Public Health Law § 340: County or part-county health districts; establishment

§ 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.