N.Y. Public Health Law § 341: County or part-county health districts; local health districts within; villages in two counties

§ 341. County or part-county health districts; local health districts

within; villages in two counties. 1. Local health districts within the

area of any county or part-county health district shall continue to

exist as subdivisions of such health district, and the local boards of

health shall continue to exist and to retain their powers and duties

subject to the rulings and regulations of the board of health of the

county or part-county health district, and may continue to appoint local

health officers for such local health districts as provided by law.

2. If a county or part-county health district as heretofore or

hereafter established by a board of supervisors shall by its terms

contain a portion of any village which lies partly within said county

and partly within some other county, said village, without regard to

population, shall continue its local district organization in the same

manner as before, in which case the health officer of the village acting

within the county or part-county health district shall be a deputy of

the county health commissioner with reference to acts performed within

said county or part-county health district. Provided, however, said

village may, by resolution of the village board, limit the local health

district to that portion of the village lying in the county outside of

the county or part-county health district, in which event the

compensation of the local health officer shall be based upon the number

of inhabitants in the reduced village health district, and the residents

of that portion of the village lying within the county or part-county

health district shall not be taxed by the village for the maintenance of

such reduced local health district.

3. The governing authorities of any city, village or town or the

governing authorities of the cities, villages or towns within a

consolidated health district may abolish such city, village, town or

consolidated health district as a local health district, whereupon all

the powers and duties of the local board of health of such local health

district shall devolve upon the board of health of the county or

part-county health district and all the powers and duties of the local

health officer of such local health district shall devolve upon the

county health commissioner.

4. The governing authorities of a town or village, the local board of

health of which has been abolished pursuant to the provisions of this

section, when authorized by a proposition submitted and adopted in the

manner provided by law, may employ a public health nurse or public

health nurses, qualified as provided in the sanitary code, and make the

necessary appropriation therefor. Such public health nurse, or nurses,

shall work under the direction of the county health commissioner.

5. Where the local health district within the area of any county or

part county health district is a town in which there are one or more

incorporated villages and the local board of health is a town board,

appropriations made by the town board for the purposes stated in

subdivisions one and four of this section shall be a charge upon the

taxable property of that part of the town outside of any incorporated

village.

If a proposition is submitted as provided in subdivision four of this

section for the employment of public health nurses in a town in which

there are incorporated villages which constitute a local health

district, only such persons who are electors and owners of record of

property in the town outside of incorporated villages shall be entitled

to vote upon such a proposition.