[HISTORY: Adopted by the Town Board of the Town of Greenburgh 2-13-1991 by L.L. No. 5-1991. Amendments noted where applicable.]
This chapter is enacted pursuant to the provisions of § 10 of the Municipal Home Rule Law. This chapter supersedes any inconsistent provisions of the Town Law, including particularly § 20 of the Town Law.
The Town Board is hereby authorized to appoint as many Constables as the Town Board may determine necessary for the proper conduct of the affairs of the Town of Greenburgh. Said Constables shall serve at the pleasure of the Town Board and shall be paid no salary by the Town Board, but shall be entitled to collect the statutory fees allowed by law in civil actions and proceedings.
Said Constables shall be considered peace officers, as defined by § 1.20 of the Criminal Procedure Law, while acting pursuant to and in furtherance of their assigned duties as Constables.
[Amended 10-23-1991 by L.L. No. 28-1991]
Said Constables shall have all the power and authority conferred upon constables by the general laws of the state.
Said Constables shall have the following additional powers as are hereby conferred upon them by the Town Board:
To direct both vehicular and pedestrian traffic.
To patrol parks and other public areas and report to the Greenburgh Police Department any situations which may require a police response.
To assist the Greenburgh Police Department in the event of natural or man-made emergencies as determined by the Chief of Police.
Said Constables shall be subject to the general authority and direction of the Town Board. When performing the additional powers conferred upon them in § 525-2D above, said Constables shall serve the Town Board under the administrative direction of the Chief of Police, who shall be responsible for the administration, training, order, operation and discipline of said Constables. Said Constables shall be considered employees for the purposes of indemnification pursuant to the provisions of § 17 of the Public Officers Law and for the purposes of workers' compensation pursuant to the provisions of § 2 of the Workers' Compensation Law, while actually performing duties authorized herein. The Chief of Police may authorize said Constables to carry firearms while performing their duties; provided, however, that nothing herein shall be deemed to authorize said Constables to carry, possess, repair or dispose of a firearm unless the appropriate license therefor has been issued pursuant to § 400.00 of the Penal Law.
The Town Board is hereby authorized to appropriate funds as the Town Board may determine necessary for the training and equipment of Constables.
The Town Board, upon consideration of the recommendations of the Chief of Police, shall have the authority to establish ranks and to make promotions among said Constables on the basis of seniority, meritorious service and supervisory capability. On behalf of the Town Board, the Chief of Police shall keep a complete service record of each Constable.
Nothing herein shall be construed to delegate or transfer any power of the Town Supervisor contained in §§ 29, 52 and 125 of the Town Law or any other powers which may lawfully be exercised by the Supervisor.