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 9-7-1994 by L.L. No. 18-1994. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 191.
[1]
Editor's Note: Former Ch. 51, Public Safety, adopted 4-28-1987 by L.L. No. 5-1987, amended in its entirety 7-7-1987 by L.L. No. 6-1987, was repealed 11-27-1990 by L.L. No. 8-1990. For current provisions, see Ch. 15, Enforcement and Security Department.

§ 51-1 Title.

This chapter shall be known as the "Town of Babylon Department of Public Works Law."

§ 51-2 Definitions and word usage.

A. 
Word usage. Whenever used in this chapter, words used in the singular include the plural and vice versa.
B. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
CHIEF DEPUTY COMMISSIONER
The Chief Deputy Commissioner of the Town of Babylon Department of Public Works who shall act in place of the Commissioner.
COMMISSIONER
The Commissioner of Public Works, who shall be the chief executive officer of the Department.
DEPARTMENT
The Town of Babylon Department of Public Works, which shall perform a major function of Town government.
DEPUTY COMMISSIONER
The Deputy Commissioners of the Town of Babylon Department of Public Works, who shall act for and in the place of the Commissioner.

§ 51-3 Department established; powers and duties of Commissioner.

A. 
There shall be in the Town of Babylon a Department of Public Works. The principal executive officer and administrative head of such Department shall be the Commissioner, who shall be appointed by the Town Board for a term of four years to run concurrently with that of the Supervisor's term who shall be in office at the time of his appointment, at such salary as may from time to time be fixed by 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 standards as may be required by the Town Board. The Commissioner or his designee shall have the powers and duties of the Highway Superintendent, pursuant to the Highway Law, and shall be the head of the Department with the power and authority to appoint and remove employees under his jurisdiction in accordance with the Civil Service Law and other applicable laws.
[Amended 10-21-2015 by L.L. No. 16-2015]
B. 
Powers and duties of Commissioner.
(1) 
The Commissioner is empowered herein to appoint a Chief Deputy Commissioner and two Deputy Commissioners who shall generally act for and on his behalf and who shall perform such duties as are vested in and imposed upon that office by the provisions of this chapter, by statute or by other lawful authority.
(2) 
The Commissioner is also empowered herein to appoint a confidential secretary and an executive assistant to the Commissioner for such administrative functions as may be assigned and to advise and aid the Commissioner in the planning and coordination of projects and policies of the Department.
(3) 
Before entering upon the duties of his office, the Commissioner shall execute and file with the Town Clerk an official undertaking, if the same is required by the Town Board, in such form as approved by the Town Attorney.

§ 51-4 Organization.

A. 
The Commissioner shall have such powers as shall be necessary for the proper administration of the Department consistent with the applicable provisions of law.
B. 
The Department shall be divided into the following bureaus:
(1) 
Bureau of Highways.
(2) 
Bureau of Municipal Buildings and Grounds.

§ 51-5 General powers and duties.

A. 
The powers and duties of such bureaus therein shall be under the administration, direction and control of the Commissioner and each of the bureaus shall be supervised by such Deputy Commissioner as shall be designated by the Commissioner.
B. 
The Bureau of Highways shall consist of the following divisions which shall have the following powers and duties:
(1) 
Division of Highway Maintenance. Its powers and duties are to have charge and supervision of the construction, repair, reconstruction, improvement, maintenance, snow removal and vehicle removal for all highways, roads, streets, path sites, curbs, sidewalks, bridges, municipal parking areas, sumps, roadway tree removal and maintenance, drains and drainage structures under Town jurisdiction or any special districts thereof and other such duties as may be assigned.
[Amended 7-13-2004 by L.L. No. 17-2004]
(2) 
Division of Traffic Safety.
(a) 
The production, installation, maintenance and repair of all signs for all of the foregoing highways, roads, streets, sidewalks, path sites, bridges and municipal parking areas, buildings and grounds.
(b) 
The administration, management and recommending of ordinances embodying appropriate traffic control regulations, collection and compilation of traffic data, design, installation, operation and maintenance of appropriate traffic control devices, coordination with Suffolk County Traffic Safety Department and other agencies in the establishment of traffic regulatory measures; review and comment on roadways and other traffic facilities; conduct and cooperate in traffic planning for the Town of Babylon, in conjunction with other Town agencies, to develop ways and means to improve traffic safety conditions; and to appropriate traffic research to assist in planning and design of traffic safety measures, promotion of traffic safety education, installation, operation and maintenance of parking meters, establishment of systems of truck routes and the performance of all other similar or related efforts of traffic safety and the installation and maintenance of street lighting and related facilities.
C. 
Bureau of Municipal Buildings and Grounds. Its powers and duties are to have charge and supervision of the maintenance, repairs and alterations of the buildings and structures owned or leased by the Town or any of its special districts, including landscaping, routine minor maintenance of buildings and structures and refuse removal, maintenance of all grounds and facilities used for recreation purposes, maintenance of all Town beaches and lot cleanups.
D. 
Vehicle maintenance.
[Amended 11-19-1996 by L.L. No. 19-1996]
(1) 
The Commissioner shall be in charge of the supervision of and provision for the repair, maintenance and servicing for all vehicles owned by and under the jurisdiction of the Town of Babylon or any of its special districts, shall manage and maintain related facilities, equipment and personnel necessary for the property administration thereof.
[Amended 5-20-2002 by L.L. No. 9-2002]
(2) 
In addition to such other personnel under this section, there may be the following:
(a) 
Auto recovery specialist. The auto recovery specialist shall have the responsibility to investigate and assess the status of abandoned vehicles throughout the Town and to enforce the provisions of Chapter 205 of the Town Code of the Town of Babylon relating to said abandoned vehicles.
(b) 
Auto equipment operators and auto equipment operators (AEO) "B" (tow truck). The automotive equipment operators shall be responsible for the removal of vehicles pursuant to Chapter 6 of the Uniform Code of Traffic Ordinances.[1]
[Amended 7-13-2004 by L.L. No. 17-2004; 3-7-2006 by L.L. No. 4-2006]
[1]
Editor's Note: The Uniform Code of Traffic Ordinances is in a separate volume on file in the Town Clerk's office.
(c) 
Automotive claims adjuster. The automotive claims adjuster shall be charged with the responsibility of performing appraisals and claims adjustments of abandoned vehicles removed by the Town pursuant to Chapter 205 of the Town Code.

§ 51-6 Special districts.

All costs and expenses incurred by the Department or its officers or employees on behalf of a special improvement district or special Town project shall be charged against such district or project and paid for from the funds duly appropriated for the purpose of such district or project.

§ 51-7 Employee status.

The employees of each bureau shall retain their seniority status within each bureau as regards promotions, vacations, longevity or any action in which seniority takes precedence. Such seniority remains intact in all cases except in the event of Town-wide layoff. Nothing herein shall be construed to effect the rights of competitive class employees.

§ 51-8 Powers of Town Supervisor.

Nothing herein contained shall be construed to delegate or transfer any powers of the Town Supervisor contained in §§ 29, 52 and 125 of the Town Law of the State of New York or any other powers which may be lawfully exercised by said Supervisor.

§ 51-9 Fees.

The Commissioner may establish a schedule of fees to be collected by him for services rendered in connection with the work of his Department and for which he deems it necessary to charge and collect a fee therefor.

§ 51-10 Severability.

If any section, provision or part thereof in this chapter shall be adjudged invalid or unconstitutional by a court of competent jurisdiction, then such adjudication shall not affect the validity of the chapter as a whole or any section, provision or part thereof not so adjudged invalid or unconstitutional.

§ 51-11 When effective.

This chapter shall be effective when the appropriate certified copies are filed with the Secretary of State of the State of New York.