[Adopted 12-20-2005 by L.L. No. 8-2005]
This article shall be known as "Town of Oyster Bay Department
of Public Safety."
The purpose in creating the Department of Public Safety is to
better ensure the protection of Town property and the health, safety
and welfare of the citizens of the Town of Oyster Bay.
A.
Word usage.
(1)
Whenever used in this article, words used in the singular include
the plural, and vice versa.
(2)
All words used in the present tense include the past and the future
tenses.
(3)
Words used in the masculine gender include the feminine and the neuter,
and vice versa, unless the natural construction of the wording indicates
otherwise.
B.
COMMISSIONER
DEPARTMENT
DEPUTY COMMISSIONERS
Definitions. As used in this article, the following terms shall have
the meanings indicated:
The Commissioner of Public Safety, as chief executive officer
of said Department.
The Town of Oyster Bay Department of Public Safety.
The two Deputy Commissioners of the Town of Oyster Bay Department
of Public Safety, who shall act generally for and in place of the
Commissioner.
A.
There shall be in the Town of Oyster Bay a Department of Public Safety.
The principal executive officer and administrative head of such Department
shall be the Commissioner of Public Safety, who shall be appointed
by the Town Board at such salary as may from time to time be fixed
by said Town Board.
B.
The Commissioner of Public Safety 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 Law and
other applicable laws.
The Commissioner is empowered herein to appoint two Deputies
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 article, by statute or by other lawful authority.
Before entering upon the duties of his office, the Commissioner
shall execute and file an official undertaking if the same shall be
required by the Town Board, in such sum as prescribed by the Town
Board and in such form as approved by the Town Attorney. Except as
otherwise provided for herein, the Commissioner of Public Safety shall
have charge of the administration of the Department.
The Commissioner shall have such powers as shall be necessary
for the proper administration of the Department consistent with applicable
provisions of law. Until such time as the same may be either amended
or modified, the Department shall be divided into the following divisions:
A.
The powers and duties of such divisions therein shall be under the
administration, direction and control of the Commissioner of Public
Safety, and each of said divisions shall be supervised by a division
head who shall be designated as a superintendent or other appropriate
title.
B.
The Commissioner may, with the approval of the Town Board, establish,
consolidate or abolish any divisions now existing or hereafter created
in said Department and establish, consolidate or abolish any bureau
now existing or hereafter created in any such division.
The divisions of the Department of Public Safety shall be as
follows:
A.
Division of Security. This division, in conjunction with the Nassau
County Police Department and the Metropolitan Transportation Authority,
shall have the following responsibilities:
(1)
To patrol and enforce parking regulations of the Town of Oyster Bay
and the removal of abandoned vehicles, regarding public streets, public
parking lots, railroad stations, Town parks and beaches and other
sites so regulated by the parking provision of the Uniform Traffic
Code of the Town of Oyster Bay;
(2)
To furnish, coordinate and maintain security services for the safekeeping
of the buildings, properties, parks, facilities and other realty and
personal property of the Town of Oyster Bay, as well as railroad stations
and the surrounding parking facilities located within the Town; and
(3)
To perform other duties as may be deemed necessary by the Town Board
or the Commissioner of the Department to provide for enforcement and
the general security of the Town government in the proper conduct
of Town business.
B.
Division of Emergency Management. The Division of Emergency Management
shall actively participate in all phases of emergency management for
the Town, including preparedness and response for hurricanes, hazardous
materials incidents, and any and all natural or man-made disasters
that may affect the Town.
C.
Division of Marine Enforcement.
[Amended 6-26-2018 by L.L. No. 6-2018]
(1)
The Division of Marine Enforcement shall have the following responsibilities:
(a)
To administer, manage and supervise the operation and control
of the personnel, equipment and facilities of the Town's Bay Constables;
(b)
To perform marine patrol duties and to enforce codes, laws,
and ordinances relating to boating safety and traffic and to undertake
associated functions in order to ensure the safe and harmonious use
of the Town's waterways; and
(2)
The Nassau County Police Department, the Bay Constables of the Department of Public Safety and the Commissioner of the Department of Public Safety or his or her designee are hereby empowered to enforce the provisions of Chapter 241, Waterways, of the Code of the Town of Oyster Bay, and every person operating and/or in charge of a vessel navigating or using the waterways of the Town, or engaging in any activity on the waterways of the Town, shall at all times obey the lawful orders of the members of such Police Department and Town officers, and such officers shall have the right to stop any vessel navigating or using the waterways of the Town for the purpose of enforcing Chapter 241.
The Commissioner, acting by and through any of the existing
or hereafter-created 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
directive of the Supervisor. The Commissioner may delegate his authority
to or direct any of his duties to be performed to a Deputy Commissioner
or head of a division.
All costs and expenses incurred by the Department or its officers
or employees on behalf of a special district or a special Town project
shall be charged against such district or project and paid from the
funds duly appropriated 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
that may be lawfully exercised by said Supervisor.
The Commissioner may establish, subject to Town Board approval,
a schedule of fees to be collected by him for any services rendered
in connection with the work of his Department and for which he deems
it necessary to charge and to collect a fee therefor.
