Town of Babylon, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Babylon 4-7-1976 by L.L. No. 12-1976. Amendments noted where applicable.]

§ 44-1 Definitions and word usage.

Whenever used in this chapter, the following words used in the singular shall include the plural and shall have the following definitions:
COMMISSIONER
The Commissioner of the Department of Parks, Recreation and Cultural Affairs, who shall be the principal executive officer of the Department.
DEPARTMENT
The Town of Babylon Department of Parks, Recreation and Cultural Affairs, which performs a major function of Town government.
DEPUTY COMMISSIONER
A Deputy Commissioner of the Department, who shall act generally for and in the place of the Commissioner.

§ 44-2 Department established.

There shall be in the Town of Babylon a Department of Parks, Recreation and Cultural Affairs. The principal executive officer and administrative head of the Department shall be the Commissioner, who shall be appointed by the Town Board for a term fixed by law at such salary as may from time to time be fixed by the said Town Board. The Commissioner shall be appointed on the basis of his administrative experience and qualifications for the duties of such office and such additional qualifications as may be required by the Town Board. The Commissioner shall be the head of the Department, with authority to appoint and remove officers and employees under his jurisdiction and in accordance with civil service law and other applicable law.

§ 44-3 Deputy Commissioner.

[Amended 1-14-2013 by L.L. No. 1-2013]
The Commissioner is empowered herein to appoint up to two Deputy Commissioners, who shall act generally for and in the place of the Commissioner and perform such additional duties as are vested in that office by the provisions of this chapter, statute or other lawful authority.

§ 44-4 Administration of Department.

The Commissioner shall have such powers as shall be necessary for the proper administration of the Department consistent with applicable provisions of law.

§ 44-5 Organization.

[Amended 11-19-1996 by L.L. No. 20-1996]
Until such time as the same may be either amended or modified, the Department shall be divided into the following Divisions:
A. 
Parks.
B. 
Recreation.
C. 
Cultural Affairs.
D. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D, which listed Harbor Patrol as a division, was removed pursuant to L.L. No. 2-2006. See now § 65-8.

§ 44-6 Alteration of Divisions.

The powers and duties of such Divisions therein shall be under the administration, direction and control of the Commissioner. The Commissioner may, with the approval of the Town Board, establish, consolidate or abolish any division or subdivision now existing or hereafter created in the Department.

§ 44-7 Division of Parks.

The Division of Parks shall operate and maintain all Town parks, pools and other recreational facilities.

§ 44-8 Division of Recreation.

The Division of Recreation shall administer, manage and supervise the planning, coordination and development of recreational programs and projects for and on behalf of the residents of the Town of Babylon for and on its own initiative or in cooperation with other municipalities and private citizens, associations and organizations.

§ 44-9 Division of Cultural Affairs.

The Division of Cultural Affairs shall administer, manage and supervise the planning, coordination and development of performing arts, creative arts and senior citizen recreation programs and projects for and on behalf of the residents of the Town of Babylon.

§ 44-10 (Reserved) [1]

[1]
Editor's Note: Former § 44-10, Division of Harbor Patrol, as amended, was repealed 3-7-2006 by L.L. No. 2-2006. See now Ch. 65, Department of Town Supervisor, § 65-8, Division of Harbor Patrol.

§ 44-11 Duties of Commissioner, Deputy Commissioner.

[Amended 11-19-1996 by L.L. No. 19-1996]
The Commissioner, acting through any Divisions of the Department, is empowered to perform such additional duties as may be prescribed by law, ordinance, resolution or other lawful authority. Performance of these duties may be delegated to a Deputy Commissioner.

§ 44-12 Effect on powers of Town Supervisor.

[Amended 11-19-1996 by L.L. No. 19-1996]
Nothing contained herein shall be construed to delegate or transfer any power of the Town Supervisor contained in §§ 29, 52 or 125 of the Town Law or any other powers which may be lawfully exercised by said Supervisor.

§ 44-13 Fees.

[Amended 11-19-1996 by L.L. No. 19-1996]
The Commissioner may establish, subject to Town Board approval, a schedule of fees to be collected by him for services rendered in connection with the work of the Department and for which he deems it necessary to charge and collect a fee.

§ 44-14 Payment of certain expenses.

[Added 11-19-1996 by L.L. No. 19-1996]
All costs and expenses incurred by the Department or its officers and employees on behalf of a special improvement district or a special Town project shall be charged against the same and paid from the funds duly appropriated for the purpose of such district or project.

§ 44-15 Division of Harbor Patrol.

[Added 11-8-2007 by L.L. No. 18-2007]
The Division of Harbor Patrol shall have charge and supervision of the administration and enforcement of the Code of the Town of Babylon relating to waterways within the Town of Babylon.
A. 
Harbormaster.
(1) 
A Harbormaster shall be appointed by the Town Board in the manner specified by applicable civil service laws and in accordance with criteria previously applied. The Harbormaster appointed as of the date of this enactment shall retain his position.
(2) 
A Harbormaster shall possess the powers of peace officers, in accordance with § 2.10, Subdivision 19, of the Criminal Procedure Law, and such other powers as may be authorized by law.
(3) 
The salary of the Harbormaster shall be duly fixed by the Town Board in accordance with law.
(4) 
The Harbormaster shall be responsible for maintaining navigable channels to ensure the safe and orderly flow of boating traffic in Town waters. The Harbormaster shall also be responsible for the enforcement of Chapter 86 of the Town Code of the Town of Babylon.
B. 
Bay constables.
(1) 
Bay constables shall be appointed in the manner specified by applicable civil service laws and in accordance with criteria previously applied. The number of bay constables to be appointed shall be fixed by the Town Board by appropriate resolution and shall be subject to increase or decrease as the public interests require. All bay constables appointed as of the date of this enactment shall retain their respective positions.
(2) 
Bay constables shall possess the powers of peace officers, in accordance with § 2.10, Subdivision 18, of the Criminal Procedure Law, and such other powers as may be authorized by law.
(3) 
The salaries of the bay constables shall be duly fixed by the Town Board in accordance with law.
(4) 
The bay constables shall be responsible for patrolling and maintaining peace and order on waterways and shall be responsible for enforcement of Chapter 86 of the Town Code of the Town of Babylon.

§ 44-16 Division of Public Safety.

[Added 11-8-2007 by L.L. No. 18-2007]
A. 
The Division of Public Safety shall have charge and supervision of the administration and enforcement of Town codes, security for Town buildings and grounds and license investigations.
B. 
The Division of Public Safety shall include ordinance inspectors, guards and park rangers, whose duties and responsibilities are set forth hereinbelow:
(1) 
Ordinance inspectors shall have the responsibility to investigate and issue summonses relating to violation of local municipal ordinances and regulations regarding housing, building, zoning, fire safety, sanitation, amusements, signs, hawking, peddling and other areas concerning public order and safety.
(2) 
The guards shall be responsible for ensuring the safety and security of Town buildings, grounds, materials and equipment against fire, trespass, theft and other hazards.
(3) 
The Division of Public Safety shall, upon request of the Town Clerk or any other agency or department in the Town, review applications for permits or licenses issued pursuant to law. This Division shall investigate the facts and circumstances surrounding the proposed activity subject to licensing, verify the application and recommend to the Town Clerk the determination to be made with respect to such application. The investigations authorized by this subsection shall be conducted with respect to the following activities requiring licenses or permits:
(a) 
Beach vehicle operation.
(b) 
Bingo operations.
(c) 
Amusement and carnival enterprises.
(d) 
Games of chance operations.
(e) 
Junkyard operations.
(f) 
Parades and block parties.
(g) 
Hawking and peddling.
(h) 
Tow truck operation.
(i) 
Video game licenses.
(j) 
Taxi licenses.
(k) 
Carting.
(4) 
The park rangers shall have the responsibility for ensuring the safety and security of Town parks, beaches and recreational areas and any building contained within the parks, beaches and recreational areas. The park rangers shall also be responsible for enforcing Town Code ordinances relating to the parks, beaches and recreational areas and shall possess the powers of peace officers in accordance with § 2.10, Subdivision 9, of the Criminal Procedure Law and such other powers as may be authorized by law.

§ 44-17 Division of Fire Marshals.

[Added 3-22-2011 by L.L. No. 8-2011]
A. 
The Division of Fire Marshals shall have charge and supervision of the administration and enforcement of Chapter 123 of the Code of the Town of Babylon relating to fire prevention. The Fire Marshals shall also be responsible to issue such permits and collect such fees as required in said chapter.
B. 
The Chief Fire Marshal and Fire Marshals are also hereby authorized to issue appearance tickets and summonses for violations of the Code of the Town of Babylon and the New York State Building Code, Residential Code, Fire Code, Plumbing Code, Mechanical Code, Fuel Gas Code, Property Maintenance Code and Energy Conservation Code.
C. 
The Chief Fire Marshal and Fire Marshals are further authorized to issue uniform appearance tickets and simplified informations pursuant to Article 71 of the Environmental Conservation Law and simplified traffic informations pursuant to Criminal Procedure Law § 100.25 and shall have other powers of peace officers in accordance with § 2.10, Subdivision 62, of the Criminal Procedure Law, § 2.20 of the Criminal Procedure Law, and such other powers as may be authorized by law.