Town of Greenburgh, NY
Westchester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Greenburgh 10-1-1975 by L.L. No. 13-1975. Amendments noted where applicable.]
GENERAL REFERENCES
Building, fire and plumbing — See Ch. 100.
Electricians — See Ch. 110.
Excavations and soil removal — See Ch. 210.
Sign and illumination law — See Ch. 240.
Trees — See Ch. 260.
Zoning — See Ch. 285
Cabaret Law — See Ch. 330.
Demolition — See Ch. 340.
Gasoline service stations — See Ch. 370.
Hotels, motels, rooming houses, etc. — See Ch. 373.
Tourist parks and camps — See Ch. 455.

§ 565-1 Legislative intent.

It is the legislative intent of this Town Board to clarify by this chapter the structure, functions and duties of the various departments and officials within this Town government dealing with all aspects of public safety so as to permit and foster the orderly operation of the public safety functions and responsibilities of the government of the Town of Greenburgh.

§ 565-2 Department established.

There is hereby established for the unincorporated area of the Town of Greenburgh a Department of Public Safety.

§ 565-3 Appointment and term of Commissioner.

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 two years, pursuant to and in accordance with § 53-c of the Town Law, at such salary as may from time to time be fixed by the 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 shall be the head of the Department with power and authority to appoint and remove officers and employees under his jurisdiction in accordance with the civil service laws.

§ 565-4 Organization.

A. 
The Commissioner shall have such powers as shall be necessary for the proper administration of the Department consistent with applicable provisions of law.
B. 
The Department shall be divided into the following divisions:
(1) 
Division of Police.
(2) 
Division of Fire Prevention.
(3) 
Division of Code Enforcement.
C. 
The head of each such division shall be as follows:
(1) 
The Police Chief shall be the head of the Division of Police.
(2) 
The Fire Marshal, who at all times shall be a member of the Building Department, shall be the head of the Division of Fire Prevention.
(3) 
The Building Inspector shall be the head of the Division of Code Enforcement.
D. 
In the event of emergency, incapacitation or prolonged absence of the Commissioner, each division head shall, within his division, exercise the same powers, duties and responsibilities as the Commissioner.

§ 565-5 Powers of Commissioner.

A. 
The powers and duties of the divisions therein shall be under the administrative direction and control of the Commissioner of Public Safety.
B. 
The Commissioner shall have all powers and duties presently vested in the Town Board, as provided by state or any other applicable law, except appropriation of funds and approval of budgets, with regard to the administration, direction and control of the Division of Police, including but not limited to the following, as well as such other powers and duties as may be conferred from time to time by law:
(1) 
Appoint a Chief of Police and such captains, lieutenants, sergeants and patrolmen as may be needed.
(2) 
Make promotions within the Division of Police on the basis of seniority, meritorious police service and superior capability as shown by competitive examinations, such examinations to be conducted by the Westchester County Personnel Office. In this regard, the Commissioner shall keep a complete service record of each member of the Division of Police, in accordance with the rules and regulations of the Westchester County Personnel Office, and shall transmit the record of each candidate for promotion to the Westchester County Personnel Office in advance of such examination.
(3) 
Make, adopt and enforce rules, orders, regulations for the government, discipline, administration and disposition of the Division of Police and the members thereof.
(4) 
Adopt and make rules and regulations for the examination, hearing, investigation and determination of charges made or preferred against any member or members of the Division of Police.
(5) 
May suspend without pay, pending the trial of charges, any member of the Division of Police.
(6) 
May reinstate a member of the Division of Police who has been dismissed or resigned if timely application is made to the Commissioner within 12 months after such dismissal or resignation.
(7) 
Make variations in vacation and duty schedules of members of the Division of Police in case of public emergency.
(8) 
May allow members of the Division of Police to attend police school or take such courses or curriculums as shall be in the interest of the Division of Police.
(9) 
May employ temporary police officers from time to time as the Commissioner may determine their services necessary, such police officers to be known as "special policemen."
(10) 
May, after receiving the recommendation of the Chief of Police:
(a) 
Assign to duty the officers and members of the Division of Police and change such assignments from time to time whenever the exigencies of the service may require such change.
(b) 
Relieve from active duty or patrol any member of the Division of Police who, while in the actual performance of duty and without fault or misconduct on his part, shall have become disabled physically as a result of injuries or illness incurred in the line of duty, so as to be unfit to perform full police duty, and such disability having been certified to by so many of the Police Surgeons as the Commissioner may require, and assign such member to the performance of such light duties as he may be qualified to perform.
(c) 
Suspend without pay any member of the Division of Police, pending investigation of charges.
(d) 
Detail to detective duty as many members of the Division of Police as he deems necessary to make the Division efficient, and he may, at any time, revoke such detail.
C. 
The Commissioner shall have all the powers and duties presently vested in the Chief of the Fire Prevention Bureau of the Town of Greenburgh, consistent with state or other applicable law, to administer, direct and control the enforcement of all laws, ordinances and codes which the Fire Prevention Bureau of the Town of Greenburgh is presently authorized to enforce, related to fire prevention,[1] namely the New York State Building Construction Code; the Town of Greenburgh Fire Prevention Code; the American Insurance Association Fire Code; and all other generally accepted standards, as well as such other powers and duties as are set forth in other sections of the Code of the Town of Greenburgh concerning the Fire Prevention Bureau, and such other powers and duties as may be conferred from time to time by law.
[1]
Editor's Note: See Ch. 100, Building, Fire and Plumbing.
D. 
The Commissioner shall have all powers and duties presently vested in the Building Inspector, consistent with state or other applicable law, to administer, direct and control the enforcement of all laws and ordinances within the Town of Greenburgh, which the Building Inspector has heretofore been authorized to enforce dealing with public safety as enumerated in the applicable sections of the following Town Code chapters, except that those sections of the following laws and ordinances relating to fire prevention shall be enforced through the Division of Fire Prevention. Further, the Commissioner shall exercise such other powers and duties in the area of code enforcement as may be conferred from time to time by law.
(1) 
Chapter 100, Building Code.
(2) 
Chapter 330, Cabaret Law.
(3) 
Chapter 340, Demolition Law.
(4) 
Chapter 110, Electrical Code.
(5) 
Chapter 210, Excavations and Soil Removal.
(6) 
Chapter 370, Gasoline Service Station Law.
(7) 
Chapter 373, Hotels, Motels, Rooming Houses, Etc.
(8) 
Housing Code.
(9) 
Chapter 100, Plumbing Code, and Plumbing Code Administration.
(10) 
Chapter 240, Sign and Illumination Law.
(11) 
Chapter 455, Tourist Parks and Camps.
(12) 
Chapter 260, Trees.
(13) 
Chapter 285, Zoning.
E. 
The Commissioner, acting by and through any of the divisions, shall be empowered to perform such other duties and functions that are prescribed to be performed by him in any law, ordinance or resolution of the Town Board or lawful direction of the Supervisor.

§ 565-6 Effect on powers of Town Supervisor.

Nothing herein contained shall be construed to delegate or transfer any power 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.

§ 565-7 Fees.

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 his Department and for which he deems it necessary to charge and collect a fee therefor.

§ 565-8 Effect on powers, duties and liabilities of other officers.

A. 
Nothing herein shall be construed to take away any of the powers which are intended to be given to the Chief of Police, Fire Marshal or Building Inspector under state or any other applicable law.
B. 
Moreover, all police officers of the Town of Greenburgh shall carry out their duties and responsibilities under the name and be referred to as the "Greenburgh Police Department."
C. 
Notwithstanding any other provision contained in this chapter, any disciplinary proceeding commenced against any member of the Town of Greenburgh Police Department prior to the effective date of this chapter may continue to be heard and determined by the Town Board, acting as the Board of Police Commissioners.