[HISTORY: Adopted by the Town Board of the
Town of Huntington 2-27-1996 by L.L. No. 5-1996. Amendments noted where
applicable.]
GENERAL REFERENCES
Department of Supervisor — See Ch. 63.
Department of Town Attorney — See Ch. 64.
Animals — See Ch. 78.
Harbors and waterways — See Ch. 120.
Housing standards and property maintenance — See Ch. 124.
Marine conservation — See Ch. 137.
Property maintenance; nuisances — See Ch. 156.
Streams, watercourses and wetlands — See Ch. 171.
Streets and sidewalks — See Ch. 173.
Vehicles and traffic — See Ch. 192.
Zoning — See Ch. 198.
(A)
Whenever used in this chapter, words used in the singular
include the plural and vice versa and the masculine includes the feminine.
(B)
DEPARTMENT
DEPUTY DIRECTOR
DIRECTOR
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
The Town of Huntington Department of Public Safety, which
shall perform a major function of town government.
The Deputy Director of the Department of Public Safety, who,
in the absence of the Director, shall act generally for and in place
of the Director with the powers granted by state law, local law, statute
or other lawful authority.
The Director of the Department of Public Safety, who shall
be the chief executive officer of the Department with the powers granted
by state law, local law, statute or other lawful authority.
(A)
There shall be in the Town of Huntington a Department
of Public Safety. The principal executive officer and administrative
head of such Department shall be the Director 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 Director shall
be appointed on the basis of his/her administrative experience and
qualifications for the duties of such office and such additional standards
as may be required by the Town Board.
(B)
The Deputy Director shall be appointed and/or removed
by the Town Board and shall perform such duties vested in and imposed
upon that office by the provisions of state law and this chapter.
In the absence of the Director, the Deputy shall generally act in
place and stead of the Director.
[Amended 4-17-1996 by L.L. No. 6-1996; 4-7-1998 by L.L. No. 14-1998]
(A)
The Director shall have such powers as shall be necessary for the proper administration of the Department consistent with applicable provisions of law. The Department shall be responsible for generally all enforcement activities, except for Chapter 111, Fire Prevention, of the Town Code. The Department includes all security personnel; all dog control officers and maintenance of the Town Animal Shelter as well as all nonenforcement programs of the Town Animal Shelter; and the ordinance, sign, housing and zoning enforcement and inspection personnel. Personnel assigned with administering permits and solely reviewing plans are excluded from the above.
[Amended 4-17-1996 by L.L. No. 6-1996; 8-26-1997 by L.L. No.
16-1997; 4-7-1998 by L.L. No. 14-1998]
(A)
All divisions.
(1)
The powers and duties of such Divisions shall be under
the administration, direction and control of the Director, and each
Division shall be supervised by a person designated by the Director.
The Director may establish, consolidate or abolish any division, bureau,
section or unit now existing or hereafter created in the Department.
(2)
The Director of the Department of Public Safety and
all designees, including but not limited to the Town Attorney, Deputy
and Assistant Town Attorneys, security personnel, animal control officers,
constables, and Ordinance, Sign, Housing and Building Inspectors,
are charged with the authority and responsibility for enforcing the
provisions of the Town Code and the Ordinance, Building, Housing and
Zoning Chapters of the Town Code of the Town of Huntington.[1]
(B)
Division of Security. This Division shall have the
following responsibilities: enforcement of parking regulations of
the Town of Huntington and removal of abandoned vehicles, regarding
public streets, public parking lots, railroad stations, town parks
and beaches and other sites so regulated by the parking provisions
of the Uniform Traffic Code of the Town of Huntington; patrol and
protection of the buildings, properties, parks, facilities and other
realty of the Town of Huntington, as well as railroad stations and
surrounding parking facilities located within the town; and the performance
of other duties as may be deemed necessary by the Town Board or the
Director of the Department to provide for enforcement and the general
security of the town government in the proper conduct of town business.
[Amended 12-8-1998 by L.L. No. 44-1998]
(C)
Division of Code Enforcement. This Division shall have the following responsibilities: enforcement of the Town Code of the Town of Huntington, generally, as well as any state and local laws, statutes, ordinances, codes, rules or regulations pertinent to matters within the jurisdiction of town government, as follows: inspections to determine compliance with codes, ordinances, laws and local laws, rules and regulations within the jurisdiction of the town pertaining to applications filed with the town; investigations to determine the existence of violations of codes, ordinances, laws, rules and regulations within the jurisdiction of the town pertaining to complaints received and/or observed; and the performance of other duties as may be deemed necessary by the Town Board or the Director of the Department to provide for enforcement and the general security of the town government in the proper conduct of town business. The Code Enforcement Division shall, in consultation with the Town Attorney, be empowered to adopt rules and regulations with respect to the posting of signs in the town's right-of-way that communicate that the owner or person responsible for a particular piece of property refuses to comply with Chapter 133 of this Code. Such rules and regulations shall not be in conflict with this Code and shall apply the following standards:
(1)
The regulations shall only apply to those property
owners who have been notified of and received a summons, appearance
ticket or notice of violation for a prior code violation more than
once in a one-year period and have not corrected the violation.
[Amended 7-21-2020 by L.L. No. 20-2020]
(2)
The regulations shall provide that the Code Enforcement
Division shall send prior written notice of its intent to post a sign,
which describes the size of the sign and the text thereof, and shall
allow the property owner a reasonable time thereafter to cure the
violation prior to posting a sign in front of the offending property.
(D)
Division of Animal Control. This Division shall have
the following responsibilities: enforcement of the Town Code of the
Town of Huntington, as well as any state or local laws, statutes,
ordinances, codes, rules or regulations pertinent to the control of
animals, including but not limited to the requirements of the Agriculture
and Markets Law of the State of New York; the maintenance of the Town
Animal Shelter as well as all nonenforcement programs of the Town
Animal Shelter; and the performance of other duties as may be deemed
necessary by the Town Board or the Director of the Department to provide
for enforcement and the general security of the town government in
the proper conduct of town business.
(E)
Division of Special Services. This Division shall
have the following responsibilities: to coordinate, manage, administer,
supervise, implement and direct matters pertaining to efficient and
convenient operation of the other divisions within the Department.
The Division shall study and recommend to the Supervisor, the Town
Board and other officials methods for response and notifications with
respect to emergency conditions pertaining to the health, safety and
welfare of the citizens of Huntington and be authorized and responsible
for implementing such actions when such conditions arise. The Division
will be responsible for communication and transportation operations
within the Department and the performance of other duties as may be
deemed necessary by the Town Board or the Director of the Department
to provide for enforcement and the general security of the town government
in the proper conduct of town business.
(F)
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 Director
of Public Safety. Park Rangers, designated peace officers in accordance
with § 2.10, Subdivision 9, of the Criminal Procedure Law,
shall exercise the powers of peace officer and such other powers as
may be authorized by law.
[Added 10-19-2016 by L.L.
No. 44-2016]
(G)
The Department, generally, shall have the following
powers and responsibilities:
(1)
Perform any and all duties necessary to provide for
the health, safety and welfare of the residents of the town.
(2)
Perform investigations in reference to any and all
violations of the Town Code or any other law, codes, ordinances, rules
and regulations within the jurisdiction of the town, in furtherance
of the town's police power.
(3)
Assist the Town Attorney in preparation and investigation
for trials, enforcement, grievances or other legal proceedings.
(4)
Coordinate public safety issues for the town with
other town, county and state departments.
(5)
Report criminal activities to duly constituted police
agencies and assist in the investigation of criminal incidents, accidents
and other incidents as requested.
(6)
Act for the town in preparing, completing and filing
reports with respect to crimes and other incidents resulting in injury
or damage to persons or property occurring under the town's jurisdiction.
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 the
Supervisor.
[Amended 10-6-2015 by L.L. No. 40-2015]
The Director may establish, subject to Town Board approval,
a schedule of fees to be collected for services rendered in connection
with the work of the Department and for which it is deemed necessary
to charge and collect a fee therefor. Such fees shall include, as
follows:
(A)
Departmental searches: $30.00 per property.
If any part, section or provision of 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, State of New
York.
