§ 340. County or part-county health districts; establishment. 1. (a)\nThe board of supervisors of any county, with the approval of the\ncommissioner shall have power to establish a county or part-county\nhealth district and in such event shall appoint a board of health for\nsuch county or part-county health district. No city or any part thereof\nshall be included as a part of any such health district unless the mayor\nand a majority of the common council of such city or the officials\nexercising similar powers shall have consented thereto and, in respect\nof cities having a population of fifty thousand or more, according to\nthe last preceding federal or state census or enumeration, unless a\nmajority of the supervisors representing that part of the county outside\nsuch city shall have consented thereto.\n (b) Notwithstanding the provisions of this subdivision or any other\ngeneral, special or local law to the contrary, and except as provided in\nthe provisions of article thirteen-E of this chapter, a board of health\nof a county health district, if there be one, shall have sole\njurisdiction to enforce the provisions of article thirteen-E of this\nchapter on a county-wide basis.\n 2. In a county containing one or more cities having a population of\nfifty thousand or more, according to the last preceding federal or state\ncensus or enumeration which are not to be included in a county or\npart-county health district, a majority of the supervisors representing\nthat part of the county outside such city or cities may petition the\nboard of supervisors to establish such part of the county as a\npart-county health district and, upon receiving such petition, the board\nof supervisors shall forthwith file a certified copy of such petition\nwith the commissioner.\n 3. Whenever the provisions of this section shall have been proposed to\nbe adopted in any county, and proceedings have been taken to establish a\ncounty or part-county health district within any such county, the board\nof supervisors shall notify the commissioner in writing of the proposed\nestablishment of such county or part-county health district, and in such\nnotice shall state the extent of the territory intended to be included\nwithin such district. The consent of the commissioner to the\nestablishment of any such health district shall be evidenced by a\ncertificate, setting forth the approval of the commissioner to the\nestablishment of such health district. Such certificate shall be filed\nwith the clerk of the board of supervisors.\n
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