[HISTORY: Adopted by the Town Board of the Town of Babylon 4-7-1976 by L.L. No. 12-1976. Amendments noted where applicable.]
Whenever used in this chapter, the following words used in the singular shall include the plural and shall have the following definitions:
COMMISSIONER
The Commissioner of the Department of Parks, Recreation and Cultural Affairs, who shall be the principal executive officer of the Department.
DEPARTMENT
The Town of Babylon Department of Parks, Recreation and Cultural Affairs, which performs a major function of Town government.
DEPUTY COMMISSIONER
A Deputy Commissioner of the Department, who shall act generally for and in the place of the Commissioner.
There shall be in the Town of Babylon a Department of Parks, Recreation and Cultural Affairs. The principal executive officer and administrative head of the Department shall be the Commissioner, who shall be appointed by the Town Board for a term fixed by law at such salary as may from time to time be fixed by the said 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 qualifications as may be required by the Town Board. The Commissioner shall be the head of the Department, with authority to appoint and remove officers and employees under his jurisdiction and in accordance with civil service law and other applicable law.
[Amended 1-14-2013 by L.L. No. 1-2013]
The Commissioner is empowered herein to appoint up to two Deputy Commissioners, who shall act generally for and in the place of the Commissioner and perform such additional duties as are vested in that office by the provisions of this chapter, statute or other lawful authority.
[Amended 11-19-1996 by L.L. No. 20-1996]
Until such time as the same may be either amended or modified, the Department shall be divided into the following Divisions:
A. 
Parks.
B. 
Recreation.
C. 
Cultural Affairs.
D. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D, which listed Harbor Patrol as a division, was removed pursuant to L.L. No. 2-2006. See now § 65-8.
The powers and duties of such Divisions therein shall be under the administration, direction and control of the Commissioner. The Commissioner may, with the approval of the Town Board, establish, consolidate or abolish any division or subdivision now existing or hereafter created in the Department.
The Division of Recreation shall administer, manage and supervise the planning, coordination and development of recreational programs and projects for and on behalf of the residents of the Town of Babylon for and on its own initiative or in cooperation with other municipalities and private citizens, associations and organizations.
The Division of Cultural Affairs shall administer, manage and supervise the planning, coordination and development of performing arts, creative arts and senior citizen recreation programs and projects for and on behalf of the residents of the Town of Babylon.
[1]
Editor's Note: Former § 44-10, Division of Harbor Patrol, as amended, was repealed 3-7-2006 by L.L. No. 2-2006. See now Ch. 65, Department of Town Supervisor, § 65-8, Division of Harbor Patrol.
[Amended 11-19-1996 by L.L. No. 19-1996]
The Commissioner, acting through any Divisions of the Department, is empowered to perform such additional duties as may be prescribed by law, ordinance, resolution or other lawful authority. Performance of these duties may be delegated to a Deputy Commissioner.
[Amended 11-19-1996 by L.L. No. 19-1996]
Nothing contained herein shall be construed to delegate or transfer any power of the Town Supervisor contained in §§ 29, 52 or 125 of the Town Law or any other powers which may be lawfully exercised by said Supervisor.
[Amended 11-19-1996 by L.L. No. 19-1996]
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 the Department and for which he deems it necessary to charge and collect a fee.
[Added 11-19-1996 by L.L. No. 19-1996]
All costs and expenses incurred by the Department or its officers and employees on behalf of a special improvement district or a special Town project shall be charged against the same and paid from the funds duly appropriated for the purpose of such district or project.
[Added 11-8-2007 by L.L. No. 18-2007]
The 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.
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 enactment 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.
(4) 
The Harbormaster shall be responsible for maintaining navigable channels to ensure the safe and orderly flow of boating traffic in Town waters. The Harbormaster shall also be responsible for the enforcement of Chapter 86 of the Town Code of the Town of Babylon.
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 enactment 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.
(4) 
The bay constables shall be responsible for patrolling and maintaining peace and order on waterways and shall be responsible for enforcement of Chapter 86 of the Town Code of the Town of Babylon.
[1]
Editor's Note: Former § 44-16, Division of Public Safety, added 11-8-2007 by L.L. No. 18-2007, was repealed 9-1-2021 by L.L. No. 8-2021.
[1]
Editor's Note: Former § 44-17, Division of Fire Marshals, added 3-22-2011 by L.L. No. 8-2011, was repealed 9-1-2021 by L.L. No. 8-2021.
[Added 3-14-2018 by L.L. No. 5-2018; amended9-1-2021 by L.L. No. 8-2021 ]
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 Bay Constable and Harbormaster. 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 Bay Constable and Harbormaster 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 of the Public Officer's Law, in the Town of Babylon, Suffolk County, New York, all persons appointed to the positions of Bay Constable and Harbormaster shall reside within the State of New York.