[HISTORY: Adopted by the Town Board of the
Town of Babylon 9-1-2021 by L.L. No. 7-2021.[1] Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 15, Enforcement and Security Department,
adopted 11-27-1990 by L.L. No.
8-1990, was repealed 11-19-1996 by L.L. No. 18-1996.
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 Babylon Department
of Public Safety Enforcement, who shall act for and in place of the
Commissioner.
The Commissioner of the Town of Babylon Department of Public
Safety Enforcement, who shall be the chief executive officer of the
Department.
The Town of Babylon Department of Public Safety Enforcement,
which shall perform a major function of Town government.
The Deputy Commissioner of the Town of Babylon Department
of Public Safety Enforcement, who shall act for and in place of the
Commissioner.
A.
There shall be in the Town of Babylon 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.
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.
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 seven divisions:
[Amended 10-13-2021 by L.L. No. 9-2021; 12-15-2021 by L.L. No. 14-2021]
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.
(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 applicable provisions of the Code of the Town of
Babylon. The guards shall be responsible for ensuring the safety and
security of Town buildings, grounds, materials and equipment against
fire, trespass, theft and other hazards. The Division of Public Safety
shall, upon request of the Town Clerk or any other agency or department
in the Town, review applications for permits or licenses issued pursuant
to law. This division shall investigate the facts and circumstances
surrounding the proposed activity subject to licensing, verify the
application and recommend to the Town Clerk the determination to be
made with respect to such application. The investigations authorized
by this subsection shall be conducted with respect to the following
activities requiring licenses or permits:
(2)
The Division of Emergency Management. Its powers and duties are to
coordinate the Town's response to natural and man-made disasters.
Division personnel are responsible for the development of a comprehensive
emergency management plan, and work with local, county, state, and
federal officials in all aspects of planning, resource management,
and emergency response and recovery activities.
(3)
Division of Fire Prevention.
[Amended 1-3-2024 by L.L. No. 1-2024]
(a)
The Division of Fire Prevention shall have charge and supervision of the administration and enforcement of Chapter 123 of the Code of the Town of Babylon relating to fire prevention. The head of the Division of Fire Prevention shall be known as the "Chief Fire Marshal." The Chief Fire Marshal shall devote his or her full time to the duties of the Division. In the absence of the Chief Fire Marshal or at the direction of the Commissioner of Public Safety, the Assistant Chief Fire Marshal shall have the full power, authority and responsibility to undertake and perform all acts and duties performed by the Chief Fire Marshal. There shall be appointed as many Fire Marshals as may be necessary to assist the Chief Fire Marshal or Assistant Chief Fire Marshal in his or her duties.
(b)
The Chief Fire Marshal and the Assistant Chief Fire Marshal
shall be residents of the Town of Babylon and shall be appointed pursuant
to the rules and regulations of the Babylon Town Department of Civil
Service and possess the minimum experience and qualifications as established
by the Department of Civil Service.
(c)
The Fire Marshals shall be responsible to issue such permits and collect such fees as required in Chapter 123 of the Code of the Town of Babylon. Fire Marshals are also hereby authorized to issue appearance tickets and summonses for violations of the Code of the Town of Babylon and the New York State Building Code, Residential Code, Fire Code, Plumbing Code, Mechanical Code, Fuel Gas Code, Property Maintenance Code and Energy Conservation Code. Fire Marshals are further authorized to issue uniform appearance tickets and simplified informations pursuant to Article 71 of the Environmental Conservation Law and simplified traffic informations pursuant to Criminal Procedure Law § 100.25 and shall have other powers of peace officers in accordance with § 2.10, Subdivision 62, of the Criminal Procedure Law, § 2.20 of the Criminal Procedure Law, and such other powers as may be authorized by law.
(4)
Division of Code Enforcement. Its powers and duties are to investigate
all alleged violations of the Code of the Town of Babylon 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 Babylon or any other applicable law, rule or regulation.
(5)
Division of Park Rangers. This Division of Park Rangers shall be
composed of individuals with peace officer training and status entrusted
with the responsibility to maintain the peace and good order of our
community including in all parks, beaches, other recreational spaces
and upon all other Town-owned property. It shall be the responsibility
of all Park Rangers to actively patrol in marked or unmarked vehicles
and enforce all federal, state and local laws to accomplish their
mission. They will work closely with all public safety divisions and
other code enforcement personnel as and where deployed by the Commissioner.
Park Rangers, designated peace officers in accordance with § 2.10,
Subdivision 9, of the Criminal Procedure Law, shall exercise the powers
of peace officers and such other powers as may be authorized by law.
(6)
Division of Harbor Patrol. This Division of Harbor Patrol shall have
charge and supervision of the administration and enforcement of the
Code of the Town of Babylon relating to waterways within the Town
of Babylon.
[Added 10-13-2021 by L.L. No. 9-2021]
(a)
Harbormaster.
[1]
A Harbormaster shall be appointed by the Town Board in the manner
specified by applicable civil service laws and in accordance with
criteria previously applied. The Harbormaster appointed as of the
date of this subsection shall retain his position.
[2]
A Harbormaster shall possess the powers of peace officers, in accordance
with § 2.10, Subdivision 19, of the Criminal Procedure Law,
and such other powers as may be authorized by law.
[3]
The salary of the Harbormaster shall be duly fixed by the Town Board
in accordance with law.
(b)
Bay
constables.
[1]
Bay constables shall be appointed in the manner specified by applicable
civil service laws and in accordance with criteria previously applied.
The number of bay constables to be appointed shall be fixed by the
Town Board by appropriate resolution and shall be subject to increase
or decrease as the public interests require. All bay constables appointed
as of the date of this subsection shall retain their respective positions.
[2]
Bay constables shall possess the powers of peace officers, in accordance
with § 2.10, Subdivision 18, of the Criminal Procedure Law,
and such other powers as may be authorized by law.
[3]
The salaries of the bay constables shall be duly fixed by the Town
Board in accordance with law.
(7)
The
Division of Fire Alarm shall coordinate the Town's response for 911
fire and rescue calls located in the Town of Babylon. The Division
is responsible to create and maintain a Fire Dispatch Service for
the entire Town of Babylon. The Division will determine the details
of the Fire Dispatch Service, including specific technologies and
staffing, and shall work with local, county, state, and federal officials
in all aspects of 911 fire and rescue response.
[Added 12-15-2021 by L.L. No. 14-2021]
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.
[Amended 3-29-2023 by L.L. No. 9-2023]
A.
Legislative intent. The purpose and intent of this section is to
establish residency requirements for certain appointed Town officers
of the Town of Babylon who are appointed to positions of Park Ranger
and Fire Marshal. In order to employ and maintain employment of quality
appointed Town officers in these positions, the Town Board of the
Town of Babylon has determined that residency of such Town officers
within the State of New York would provide sufficient geographical
boundaries within which to secure and maintain a pool of qualified
appointed Town officers available to be appointed by the Town of Babylon
as the needs for such appointments occur from time to time. The Town
Board further finds and determines that limiting these appointed Town
officers' residency to the Town of Babylon only is unduly restrictive
and burdensome on the Town of Babylon in attempting to maintain and
fill appointed Town officers' vacancies as they occur within the specific
positions stated above. Accordingly, the Town Board of the Town of
Babylon adopts this section for the purposes of allowing the Town
to employ and maintain employment of qualified appointed Town officers
to the positions of Park Ranger and Fire Marshal to serve the Town
of Babylon and its residents.
B.
Establishment of residency requirements for appointed Town officers.
Notwithstanding the provisions of Subdivision 1 of § 23
of the Town Law of the State of New York, and notwithstanding the
provisions of Subdivision 1 of § 3 of the Public Officers
Law, and notwithstanding the provisions of Subdivision 1 of § 3-b
of the Public Officers Law or Subdivision 1d of § 30 the
Public Officer's Law, in the Town of Babylon, Suffolk County, New
York, all persons appointed to the positions of Park Ranger and Fire
Marshal shall reside within the State of New York.
C.
Fingerprinting
and background checks.
(1)
All
prospective candidates for Bay Constable, Harbor Master, Park Ranger,
Fire Marshal, Public Safety Officer, Dispatcher, Ordinance Inspector,
Zoning Inspector, and Code Enforcement Officer shall be fingerprinted
for the purpose of obtaining a criminal history report from the New
York Division of Criminal Justice Services (DCJS). Each such candidate
shall submit proof that he or she has been electronically fingerprinted
through a DCJS-approved Statewide Vendor-Managed Civil Fingerprint
Capture System.
(2)
If any
such candidate has been convicted of a felony and/or misdemeanor,
the decision regarding the candidate's fitness for the position must
be made by way of a case-by-case review using the factors contained
in Article 23-A of the New York State Correction Law.
D.
Conflict with state statutes and authority to supersede. To the extent
that any provisions of this section are in conflict or are construed
as inconsistent with the provisions of the New York State Town Law
or New York State Public Officers Law, this section supersedes, amends
and takes precedence over New York State Town Law and New York State
Public Officers Law pursuant to the Town's Municipal Home Rule powers
pursuant to Municipal Home Rule Law §§ 10, Subdivisions
1(ii)d(3) and 1(ii)a(14), and 22 to supersede any inconsistent authority.
In particular, this section supersedes any inconsistent provisions
of Town Law § 23, Subdivision 1, which provides that every
officer of the Town at the time of his election or appointment and
throughout his term of office must be an elector of the Town. This
section further supersedes any inconsistent provisions of Public Officer's
Law § 3, Subdivision 1, which sets forth the qualification
for holding public office and provides that to qualify a person must,
at the time chosen, be at least 18 years of age, a citizen of the
United States, a resident of the state and, in the case of a local
office, a resident of the political subdivision for which he or she
is appointed or within which the electors choosing him reside. It
is the intent of this section to amend § 23, Subdivision
1, of the Town Law and § 3, Subdivision I, of the Public
Officer's Law to the extent herein provided.
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 the Department for any service rendered in connection with the
work of this Department and for which the Commissioner deems it necessary
to charge and collect a fee therefor.
It is the intent and purpose of this chapter to incorporate
all the powers and duties set forth herein in the Department of Public
Safety Enforcement. To the extent that any existing local law and
Town Code provision is duplicative of any provision of this chapter,
or is inconsistent with any provision of this chapter, said local
law and Town Code provision are hereby repealed.
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.
