As used in this chapter unless the context or subject matter otherwise provides: 1. "Board" means the board of commissioners of a vector control district. 2. "Department" means the department of health and human services. 3. "Health officer" means the state health officer. 4. "Potential or emergency health hazard" means a potential or existing infestation by public health vectors that is detrimental to human health and well-being. 5. "Public health vectors" means all species of mosquitoes and flies.
23-24-02. Petition for establishment of vector control districts - Hearing thereon and investigation - District when created. Whenever there is filed with the department a petition signed by the governing body of a county, city, or township or by twenty percent or more of the freeholders within the limits of a proposed vector control district, the department shall fix a time and place for a public hearing on such petition. The place of hearing must be convenient and accessible for a majority of the freeholders of the proposed district. Not less than ten days prior to the date of hearing, notice thereof must be published in at least one newspaper of general circulation in the proposed district. Prior to such hearing the department shall make or cause to be made an investigation of the need for the establishment of the proposed vector control district and shall submit his report to the department. If the department finds that it is not feasible, desirable, or practical to establish the proposed district, it shall make an order denying the petition and state therein the reasons for its action. If, however, the department finds the problems of vector control or other reasons make the establishment of the proposed district desirable, proper, and necessary, it shall grant the petition and create such district and establish the boundaries thereof.
23-24-02.1. Petition for withdrawing from a vector control district - Hearing and investigation - Boundary modification. Any county, city, or township or portion of a county, city, or township may withdraw from a vector control district whenever a petition signed by the governing body of the county, city, or township or at least twenty percent of the residents of the county, city, or township, or portion thereof, desiring to withdraw from the district, is approved by the department. Prior to approving a petition to withdraw from the district, the department shall fix a time and place for a public hearing on the petition. The place of the hearing must be convenient and accessible for a majority of the residents of the district. At least ten days prior to the date of the hearing, the department shall publish a notice of the hearing in at least one newspaper of general circulation in the district. Prior to the hearing the department shall investigate the petition to withdraw. If the department finds that it is not feasible, desirable, or practical to allow the petitioning entity to withdraw from the district, it shall make an order denying the petition and state the reasons for its action. If the department finds that the petitioning entity is no longer benefited by being included within the boundaries of the district or if other reasons make the withdrawal of the petitioning entity desirable, proper, and necessary, it shall grant the petition and modify the boundaries of the district. No person may be a member of the board of commissioners if that person is no longer a resident of the vector control district after the boundaries have been modified. A new member must be appointed to replace any such member in the manner provided for original appointments.