[Amended 9-7-2004 by L.L. No. 22-2004,
effective 11-1-2004]
This article shall be known as the "Town of
Brookhaven Department of Public Safety Law."
A.
Whenever used in this article, words in the singular
shall include plural and vice versa, where the context of the article
so requires.
B.
CODE
COMMISSIONER
DEPARTMENT
DEPUTY COMMISSIONER
TOWN
As used in this article, the following terms shall
have the meanings indicated:
The Code of the Town of Brookhaven.
The Commissioner of the Department of Public Safety, who
shall be the principal executive officer of the Department.
The Town of Brookhaven Department of Public Safety.
The Deputy Commissioner of the Department of Public Safety,
who shall act generally for and in place of the Commissioner.
The Town of Brookhaven.
[Amended 11-16-2004 by L.L. No. 37-2004, effective 11-8-2004]
There is hereby created in the Town a Department
of Public Safety. The principal executive officer and administrative
head of said Department shall be the Commissioner, which office shall
be in the unclassified service. The Commissioner shall be appointed
by the Town Board and serve at the pleasure of the Town Board at such
salary as may, from time to time, be fixed by said Town Board. The
Commissioner shall be appointed on the basis of his/her administrative
experience or qualifications for the duties of such office, with considerations
to any such additional standards as may be required by the Town Board.
He/She shall be the executive secretary of any advisory board or commission
assigned to his/her jurisdiction by the Town Board. The Commissioner
shall have the power and authority to appoint and remove officers
and employees under his/her jurisdiction in accordance with Civil
Service and other applicable laws, except the appointment and removal
of Deputy Commissioners, who shall be appointed and removed by the
Town Board. The Town Board may appoint Deputy Commissioner(s), which
office(s) shall be in the exempt class of civil service. The Deputy
Commissioner(s) shall generally act for and in behalf of the Commissioner
and shall perform such duties as are vested in and imposed upon that
office by the provisions of this article, by statute or by other lawful
authority. The Commissioner or his/her Deputy Commissioner(s) may
also serve as head of a division within the Department.
[Amended 5-20-2008 by L.L. No. 13-2008, effective 7-7-2008; 12-8-2009 by L.L. No. 24-2009, effective 1-4-2010; 1-7-2014 by L.L. No.
1-2014, effective 1-9-2014; 1-28-2021 by L.L. No. 2-2021, effective 2-8-2021]
A.
The Commissioner shall have such powers as shall be necessary for
the proper administration of the Department consistent with applicable
provisions of law.
[Amended 5-20-2008 by L.L. No. 13-2008, effective 7-7-2008; 12-8-2009 by L.L. No. 24-2009, effective 1-4-2010; 12-21-2010 by L.L. No.
1-2011, effective 1-24-2011; 1-7-2014 by L.L. No. 1-2014,
effective 1-9-2014; 1-28-2021 by L.L. No. 2-2021, effective 2-8-2021]
The functions, powers and duties of such Divisions therein shall
be under the administration, direction and control of the Commissioner,
and each of said Divisions shall be supervised by a division head,
who shall be designated "Division Director." The Commissioner may,
with the approval of the Town Board after a public hearing, establish,
consolidate or abolish any bureau or subdivision now existing or hereafter
created in any such Division. Additional responsibilities of this
Department include towing administration and the oversight of ambulance
and fire protection districts. The provisions of any local law to
the contrary notwithstanding, the functions, powers and duties of
such Divisions shall be as follows:
A.
Division of Animal Shelter. The Division of Animal Shelter shall undertake the performance of all functions and duties previously performed by the Animal Shelter Department, including the administration and enforcement of Chapter 23 of the Code and amendments thereto.
B.
Division of Code Enforcement.
(1)
The Division of Code Enforcement shall be responsible for enforcement
of provisions of the Code as follows:
(a)
Code Enforcement. Members of the Code Enforcement shall enforce
the Code as it regulates the use of parks and/or property of the Town
or of the Trustees and Freeholders of the Commonalty of the Town of
Brookhaven. Such personnel shall assist and advise any persons in
or upon such property in order to protect their health, safety and
welfare.
(2)
All such personnel shall have the power and authority to issue notices
of violation, appearance tickets and other accusatory instruments
relative to the above. In addition, upon request through the Director
or his/her authorized representative, the Supervisor may assign personnel
from the Division of Code Enforcement to various other duties as he
deems necessary to enforce specific sections of the Code on behalf
of any other Department or entity of the Town, in which case said
personnel shall have the power and authority to issue notices of violation,
appearance tickets and other accusatory instruments.
(3)
In addition to the foregoing, the Division of Code Enforcement shall
have the following duties:
(a)
Emergency preparedness. The Division shall coordinate and assist
operations pertaining to civil defense and other emergency situations
at the direction of the Supervisor.
(b)
Radio operations. The Division shall administer the allocation
and use of all radio and telecommunications equipment and ensure compliance
with the rules and regulations of the Federal Communications Commission.
C.
Division of Fire Prevention. A Division of Fire Prevention is hereby
established, which shall be operated under the supervision of the
Chief Fire Marshal. The head of the Division shall be known as the
"Chief Fire Marshal." The Chief Fire Marshal shall devote his full
time to the duties of the Division of Fire Prevention. In the absence
of the Chief Fire Marshal or at the direction of the Commissioner
of Public Safety, the Assistant Chief Fire Marshal shall have the
full power, authority and responsibility to undertake and perform
all acts and duties performed by the Chief Fire Marshal. There shall
be appointed as many Fire Marshals as may be necessary to assist the
Chief Fire Marshal or Assistant Chief Fire Marshal in his duties.
The Division of Fire Prevention shall administer and enforce Group
4 of the local laws of the Town, known as the "Fire Prevention Local
Law of the Town of Brookhaven,"[1] and amendments thereto, including the issuance of permits
required by said local law and the collection of fees as set forth
herein.
D.
Division of General Aviation. The Division will have the responsibility
to administer, supervise, manage, implement, initiate and direct all
matters pertaining to aviation. Aviation matters shall include those
pertaining to aviation safety programs, the operation, development
and use of Brookhaven Calabro Airport and coordination of the Town's
participation in public aviation matters. The Division shall also
be responsible to effectuate the nationally recognized concern for
improved aviation operations and safety.
E.
Division of Harbors and Waterways. The Division of Harbors and Waterways
shall be charged with the administration of all matters pertaining
to the management, maintenance, navigation and code enforcement of
the Town's harbors, waterfronts, waterways, channels, bays and rivers.
(1)
Bay constables. Bay constables shall retain all powers and duties
imposed by law and, in addition thereto, shall enforce all local laws,
rules and regulations pertaining to boating, fishing, shellfishing
and waterways within the Town.
(2)
Harbormaster. The Harbormaster shall retain all powers and duties
imposed by law and, in addition thereto, shall enforce all local laws,
rules and regulations pertaining to boating, fishing, shellfishing
and waterways within the Town.
Nothing herein contained shall be construed
to delegate or transfer any power of the Town Supervisor as outlined
in the Town Law of the State of New York or any statutory or other
powers which may be lawfully executed by said Supervisor.
[Amended 12-8-2009 by L.L. No. 24-2009, effective 1-4-2010]
The Commissioner may establish a schedule of
fees to be submitted in connection with the following. The schedule
of fees shall be approved by Town Board resolution.
A.
Any other service rendered in connection with the
work of his/her Department and for which he deems it necessary to
charge and collect a fee therefor.
B.
Any appropriate application or license fees.
C.
The filing
in the Department of any map or written instrument required to be
so filed.
D.
The preparation
of any copy of a map or written instrument filed in his/her Department.
E.
Certifying
any such map or written instrument.
F.
Any other
service rendered in connection with the work of the Department and
for which the Commissioner deems necessary to charge and collect a
fee therefor.
G.
Any appropriate
application or license fees.
If any section, provision or part thereof in
this article shall be adjudged invalid or unconstitutional by a court
of competent jurisdiction such adjudication shall not affect the validity
of the article as a whole or any section, provision or part hereof
not adjudged invalid or unconstitutional.
