[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:
The Commissioner of the Department of Parks, Recreation and
Cultural Affairs, who shall be the principal executive officer of
the Department.
The Town of Babylon Department of Parks, Recreation and Cultural
Affairs, which performs a major function of Town government.
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.
The Commissioner shall have such powers as shall
be necessary for the proper administration of the Department consistent
with applicable provisions of law.
[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:
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 Parks shall operate and maintain
all Town parks, pools and other recreational facilities.
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.
[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.
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.
[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.
