[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)
DEPARTMENT
DEPUTY DIRECTOR
DIRECTOR
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:
The Town of Huntington Department of Maritime Services, which
shall perform a major function of town government.
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.
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.
(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:
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.
