[Amended 12-7-2015 by L.L. No. 7-2015]
(a)
The affirmative vote of a majority of the total membership of the
Board of Health shall be required to pass any rule, regulation, order
or direction which constitutes an amendment or addition to the County
Sanitary Code. On the final passage, the question shall be taken by
"ayes" and "noes," and the names of the members present and their
vote shall be entered in the minutes of proceedings.
(b)
Every rule, regulation, order or direction which constitutes an amendment
or addition to the County Sanitary Code shall be mailed or delivered
in final form to each member at least 10 calendar days, exclusive
of Sunday, prior to its final passage, unless the County Executive
certifies as to the necessity for its immediate passage, and, in such
event, such rule, regulation, order or direction may be passed by
the affirmative vote of two-thirds of the total membership of the
Board of Health.
(c)
The Board of Health shall hold a public hearing on every rule, regulation,
order or direction which constitutes an amendment or addition to the
County Sanitary Code prior to its final passage. Such public hearing
shall be on at least five days' notice, published in the official
daily newspapers in the County of Dutchess.
(d)
The Board of Health shall cause to be published annually a supplement
to the County Sanitary Code which shall indicate all additions to,
repeals, and amendments of any section of said Code.
(e)
The Commissioner of Behavioral and Community Health shall cause to
be furnished certified copies of the County Sanitary Code and its
amendments for such fee as may be authorized by law.
The provisions of the County Sanitary Code shall have the force
and effect of law. Any violation, noncompliance or nonconformance
with any provision of such County Sanitary Code or of any rule, regulation,
order or direction made thereunder shall constitute a misdemeanor
punishable by a fine of not more than $1,000 or by imprisonment for
not more than six months, or by both such fine and imprisonment. Certified
copies of the County Sanitary Code shall be received in evidence in
all courts and proceedings in the state.
The Board of Health shall, in consultation with the Commissioner,
prepare recommendations for meeting the public health needs of Dutchess
County. Copies of the recommendations shall be transmitted to the
County Executive for his/her evaluation. Within 60 days, the County
Executive shall refer the recommendations with his/her evaluation
to the County Legislature and the State Commissioner of Health. The
Board of Health shall have and exercise such other powers and duties
conferred upon such Board by the County Charter or this Code.
The County Executive, upon recommendation of the Commissioner and the Board of Health, shall have the power to enter into contracts to obtain or render health services, pursuant to Section 33.02 of the Charter.
There shall be in the Department of Behavioral and Community
Health a Mental Hygiene Advisory Board, whose members shall be appointed
by the County Legislature in the manner and for the term provided
in the Mental Hygiene Law for community mental health boards. Each
member of the community mental health board shall continue to hold
office for the balance of his/her other respective term, at the conclusion
of which the applicable appointive provisions of this Code shall become
effective. The Mental Hygiene Advisory Board shall elect annually
a Chair, Vice-Chair, and a Secretary from among its members. Meetings
of the Mental Hygiene Advisory Board shall be held at least quarterly
at the call of the Chair of such Board or the Director of Community
Services, on three days' written notice, mailed to such Board members.
Vacancies in the membership of said Board, occurring otherwise than
by expiration of term, shall be filled by appointment by the County
Legislature for the unexpired terms.
The Mental Hygiene Advisory Board shall, in consultation with
the Director of Community Services, prepare recommendations for meeting
the mental health needs of Dutchess County. Copies of the recommendations
shall be transmitted to the County Executive for his/her evaluation.
Within 60 days, the County Executive shall refer the recommendations
with his/her evaluation to the County Legislature and the State Commissioner
of Mental Hygiene. The Mental Hygiene Advisory Board shall have and
exercise such other powers and duties conferred upon such Board by
the County Charter or this Code.
