[HISTORY: Adopted by the Town Board of the Town of Islip 4-14-2009 by L.L. No. 3-2009. Amendments noted where applicable.]
This chapter shall be known as the "Establishment of a Department
of Public Safety Enforcement."
A.
Word usage. Whenever used in this chapter, words used in the singular
include the plural and vice versa.
B.
CHIEF DEPUTY COMMISSIONER
COMMISSIONER
DEPARTMENT
DEPUTY COMMISSIONER
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
The Chief Deputy Commissioner of the Town of Islip Department
of Public Safety Enforcement, who shall act for and in place of the
Commissioner.
The Commissioner of the Town of Islip Department of Public
Safety Enforcement, who shall be the chief executive officer of the
Department.
The Town of Islip Department of Public Safety Enforcement,
which shall perform a major function of Town government.
The Deputy Commissioner of the Town of Islip Department of
Public Safety Enforcement, who shall act for and in place of the Commissioner.
A.
There shall be in the Town of Islip a Department of Public Safety
Enforcement. The principal executive officer and administrative head
of such Department shall be the Commissioner, who shall be appointed
by the Town Board for the term fixed by law, 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 qualification
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 the power and authority to appoint and remove
officers and employees under his jurisdiction in accordance with the
Civil Service Law and other applicable laws.
B.
The Commissioner is empowered herein to appoint a Chief Deputy Commissioner
and a Deputy Commissioner who shall generally act for and in 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. In the absence of the Commissioner, the Chief Deputy
Commissioner shall act as the chief executive officer of the Department.
In the absence of the Commissioner and Chief Deputy Commissioner,
the Deputy Commissioner shall act as the chief executive officer of
the Department. The Commissioner shall be authorized to modify the
divisions, assignments and the responsibilities of the Chief Deputy
Commissioner and Deputy Commissioner as he shall deem necessary.
[Amended 2-9-2016 by L.L.
No. 1-2016]
C.
The Commissioner is also empowered herein to appoint an executive
assistant 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.
D.
The Commissioner is also empowered herein to appoint a secretary
who shall perform such duties, functions and assignments as are proper
and necessary in executing the administrative and clerical obligations
and needs of the Commissioner and the Department.
E.
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.
[Amended 2-8-2011 by L.L. No. 2-2011]
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.
Until such
time as the same may be either amended or modified, the Department
shall be divided into the following five divisions:
[Amended 2-9-2016 by L.L.
No. 1-2016]
A.
The powers and duties of such divisions therein shall be under the
administration, direction and control of the Commissioner, and each
division shall be supervised by a person designated by the Commissioner
in conformance with the Civil Service Law.
B.
The Commissioner may, with the approval of the Town Board, establish,
consolidate or abolish any divisions or subdivisions not existing
or hereafter created in the Department.
C.
Powers and duties of individual divisions.
[Amended 2-9-2016 by L.L.
No. 1-2016]
(1)
Division of Public Safety. Its powers and duties are to provide for the protection of Town property and of the health, safety and welfare of citizens using Town property maintained for public use, by the enforcement of the following provisions of the Code of the Town of Islip: Chapter 4, Chapter 4A, Chapter 12, §§ 12-2 through 12-4, Chapter 32, Chapter 35, Chapter 35A, Chapter 36, Chapter 37, Chapter 39, Chapter 44, Chapter 49, Chapter 51, Chapter 57, Chapter 58, Chapter 59, Chapter 60, Chapter 60A and Chapter 68, § 68-30C.
(2)
Division of Harbor and Marine Safety. Its powers and duties are the enforcement of the provisions of Chapter 37 of the Code of the Town of Islip and jurisdiction over navigation on all navigable waters within or bordering the Town of Islip.
(4)
Division of Fire Prevention. Its powers and duties are set forth in Chapter 19 of the Code of the Town of Islip.
(5)
Division of Code Enforcement. Its powers and duties are to investigate
all alleged violations of the Code of the Town of Islip or, to such
end, applicable state codes, laws, rules and regulations. The Commissioner
may employ such investigators, zoning inspectors, ordinance inspectors,
sign inspectors, fire marshals or any other personnel as may be required
to effectuate the same, within budgetary limits set by the Town Board.
The Division shall be responsible for the enforcement of all violations
of the aforesaid codes, laws, rules and regulations and/or obtaining
compliance with the same. Persons in said Division designated by the
Commissioner in conformance with the Civil Service Law may issue notices
of violation, appearance tickets, summonses or any other notices as
permissible by law. Nothing herein shall be construed to limit any
other power of the Commissioner as provided by the Code of the Town
of Islip or any other applicable law, rule or regulation.
[Added 12-18-2018 by L.L.
No. 2-2018]
D.
In cooperation with the Town Attorney, the Department shall assist
in preparation, investigation, trial and enforcement of all litigation
instituted by or against the Town in all courts as well as the prosecution
of violations of applicable state codes, Town codes and local laws
and the enforcement of any and all civil or criminal judgments.
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 each district or project and
paid for from the funds fully apportioned for the purpose of such
district or project.
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.
The Commissioner may establish a schedule of fees to be collected
by him for any service rendered in connection with the work of this
Department and for which he deems it necessary to charge and collect
a fee therefor.
If any section, provision or part hereof 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.
This chapter shall be effective when the appropriate certified
copies are filed with the Secretary of State of the State of New York.
