[HISTORY: Adopted by the Town Board of the Town of Huntington 5-5-1998 by L.L. No. 21-1998. Amendments noted where applicable.]
(A) 
Authority. This chapter is adopted by local law, pursuant to Town Law of the Laws of the State of New York, and any subsequent amendments hereto shall be adopted by local law.
(B) 
Short title. For brevity and ease of communication, this legislation may be cited as the "Town of Huntington Department of Maritime Services Local Law."
(C) 
Purpose. The purpose of this chapter is to provide for efficient, economic, safe, and legal operation of the Town of Huntington's maritime services, as defined in this chapter, and to fulfill the town's duties and obligations to protect the health, safety and welfare of its residents and taxpayers.
(A) 
Definitions. Unless otherwise stated in the section where the term is used herein, the meanings of terms used in this chapter shall be as stated below:
DEPARTMENT
The Town of Huntington Department of Maritime Services, which shall perform a major function of town government.
DEPUTY DIRECTOR
The Deputy Director of the Town of Huntington Department of Maritime Services, who, in the absence of the Director, shall act generally for and in place of the Director.
DIRECTOR
The Director of the Town of Huntington Department of Maritime Services who shall be the chief executive officer of the Department. Any reference to the title of "Director of Environmental Control" in any other chapter of the Code of the Town of Huntington shall henceforth mean the Director of Maritime Services in all matters dealing with marine conservation, shellfish management, harbors and waterways.
(B) 
Word usage. When not inconsistent with the context, the present tense shall include the future, and words used in the plural shall include the singular and vice versa. Furthermore, a masculine pronoun shall include the feminine. "Shall" is mandatory; "may" is permissive.
(C) 
Ambiguity. Terms not defined in this chapter, or terms found to be ambiguous or improperly defined in this section, shall be defined by the Act or appropriate rules and regulations pursuant thereto.
(A) 
Establishment. There shall be in the Town of Huntington a Department of Maritime Services, responsible for executing the powers and duties set forth in this chapter.
(B) 
Administration.
(1) 
Director. The principal executive officer and administrative head of such Department shall be the Director, 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 said Town Board. The Director shall be appointed on the basis of administrative experience and professional qualifications for the duties of such office and such additional standards as may be required by the Town Board. The Director shall be the head of the Department with power and authority to appoint and remove employees under the Department's jurisdiction in accordance with the Civil Service Law and other applicable laws, except the appointment and removal of the Deputy Director, who shall be appointed and removed by the Town Board.
(2) 
Deputy Director. The Deputy Director shall generally act for and on behalf of the Director and shall perform such duties as are vested in and imposed upon that office by the provisions of this chapter, by statute or other lawful authority.
(C) 
Organization.
(1) 
Director. The Director shall have such powers as shall be necessary for the proper administration of the Department, consistent with the applicable provisions of law and the Code of the Town of Huntington. The Director may, with approval of the Town Board, establish, consolidate or abolish any divisions or subdivisions now existing or hereafter created in the Department.
(2) 
Divisions. The Department shall be divided into the following divisions, which shall be under the administration, supervision, direction and control of the Director:
(a) 
Division of Marine Conservation.
(b) 
Division of Waterfront Management.
(c) 
Division of Marine Enforcement.
(A) 
Department. The Department shall exercise all of the duties and perform all of the responsibilities necessary to provide for efficient, economic, safe and legal operation of the Town of Huntington's maritime services, as defined in this chapter, and to fulfill the town's duties and obligations to protect the health, safety and welfare of its residents and taxpayers.
(B) 
Divisions. The divisions of the Department shall have the following duties and responsibilities:
(1) 
Division of Marine Conservation. This Division shall be responsible for administration, supervision and enforcement of compliance with all environmental and marine conservation requirements, shellfish management, wetlands restoration and/or creation and other related functions regarding the waters of the town. This Division shall adhere to and implement the Code of the Town of Huntington dealing with the marine conservation, waterways, shellfish as well as other ordinances or local laws concerning these or similar issues, which may from time to time be passed by the Town Board.
(2) 
Division of Waterfront Management. This Division shall be responsible for administration and supervision of town marinas, mooring permits, beaches, pump-out facilities and waterfront parks, docks, ramps and bulkheads. This Division shall adhere to and implement the Code of the Town of Huntington dealing any other ordinances or local laws concerning these or similar issues, which a from time to time be passed by the Town Board.
[Amended 5-9-2023 by L.L. No. 6-2023]
(3) 
Division of Marine Enforcement. This Division shall be responsible for enforcement of the Town Code, as well as any state or local laws, statutes, ordinances, codes, rules or regulations, pertinent to the harbors and waterways of the town. This Division shall adhere to and implement the Code of the Town of Huntington dealing with any other ordinances or local laws concerning these or similar issues, which may from time to time be passed by the Town Board.
(A) 
Chapters. The following chapters of the Code of the Town of Huntington are related and relevant to the duties, responsibilities and operations of this Department:
Chapter 120, Harbors and Waterways.
Chapter 137, Marine Conservation.
Chapter 166, Shellfish Management.
Chapter 171: Streams, Watercourses and Wetlands.
(B) 
Advisory panels. The following advisory panels established in the Code of the Town of Huntington are related and relevant to the duties, responsibilities and operations of this Department:
Chapter 15, Commercial Fishing Advisory Council.
Chapter 35: Harbor and Boating Advisory Council.
Nothing herein contained shall be construed to delegate or transfer any powers of the Town Supervisor contained in Town Law §§ 29, 52 and 125 of the Laws of the State of New York or any other powers that may be lawfully exercised by said Supervisor.
If any section, provision or part thereof in this chapter, or the application of such section, provision or part thereof to any person or circumstances, shall be held or adjudged invalid or unconstitutional by a court of competent jurisdiction, then the constitutionality or validity of the remainder of this chapter and the applicability of such section, provision or part thereof to other persons or circumstances shall not be effected thereby.
This chapter shall become effective immediately upon filing in the office of the Secretary of State of New York.