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.