[Added 12-31-1974 by L.L. No. 18-1974]
[Amended 12-29-1989 by L.L. No. 10-1989]
A.
Whenever used in this local law, words used in the
singular include the plural and vice versa.
B.
[1]COMMISSIONER
DEPARTMENT
DEPUTY COMMISSIONERS
As used in this local law, the following terms shall
have the meanings indicated:
The Commissioner of the Department of Parks and Recreation,
as chief executive officer of said Department.
The Town of North Hempstead Department of Parks and Recreation,
a major function of Town government.
The Deputy Commissioners of the Town of North Hempstead Department
of Parks and Recreation, who shall generally act for and in place
of the Commissioner.
[Amended 10-2-2012 by L.L. No. 13-2012[2]]
[1]
Editor's Note: The former definition of "Assistant to the
Commissioner," which immediately preceded this definition, was repealed
7-15-2014 by L.L. No. 10-2014.
[2]
Editor’s Note: The former definition of “Deputy
Commissioner in Charge of Gardens,” which immediately followed,
was repealed 10-2-2012 by L.L. No. 13-2012.
A.
Commissioner. There shall be in the Town of North
Hempstead a Department of Parks and Recreation. The principal executive
officer and administrative head of such 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 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 standards as may be required by the Town Board. The Commissioner
shall be the head of the Department, with the power and authority
to appoint and remove officers and employees under his jurisdiction
in accordance with Civil Service Law and other applicable laws. The
Commissioner may appoint three exempt Deputies, who may act generally
for the Commissioner in the absence of the Commissioner.
[Amended 10-2-2012 by L.L. No. 13-2012; 7-15-2014 by L.L. No. 10-2014]
B.
Before entering upon the duties of his office, the
Commissioner shall execute and file with the Town Clerk an official
undertaking, if the same be required by the Town Board, in such sum
as prescribed by the Town Board and in such form as approved by the
Town Attorney.
[Amended 3-25-1986 by L.L. No. 4-1986; 12-29-1989 by L.L. No. 10-1989]
A.
The Commissioner shall have such powers as shall be
necessary for the proper administration of the Department consistent
with applicable provisions of law.
B.
Until such time as the same may be either amended
or modified, the Department shall be divided into the following divisions:
[Amended 2-10-1998 by L.L. No. 4-1998; 10-22-2002 by L.L. No. 15-2002]
[Amended 3-25-1986 by L.L. No. 4-1986; 12-29-1989 by L.L. No. 10-1989]
A.
The powers and duties of such divisions therein shall
be under the administration, direction and control of the Commissioner
of the Department of Parks and Recreation, and each of said divisions
shall be supervised by a division head, who shall be designated as
Manager.
B.
The Commissioner may, with the approval of the Town
Board, establish, consolidate or abolish any divisions now existing
or hereafter created in said Department and establish, consolidate
or abolish any bureau now existing or hereafter created in any such
division.
C.
The powers and duties of the divisions shall be as
follows:
[Amended 2-10-1998 by L.L. No. 4-1998]
(1)
Division of Parks. It shall administer, manage and
supervise parks, beaches and pools and carry on the planning, coordination,
development and arrangement of programs and projects relating thereto
for and on behalf of the residents of the Town of North Hempstead,
on its own initiative or in cooperation with other municipalities
and private citizens, associations and organizations; and maintain
and provide for the custody, care and control of the facilities of
this division, including buildings and motor vehicles.
(2)
Division of Recreation. It shall administer, manage
and supervise the planning, coordination, development and arrangement
of recreation programs and projects for and on behalf of the residents
of the Town of North Hempstead, on its own initiative or in cooperation
with other municipalities and private citizens, associations and organizations
and, further, shall administer, manage and supervise programs, plans
and projects in the communities of the Town of North Hempstead, which
aid, assist and service the special needs of the youth, the aged and
the handicapped.
(3)
[1](Reserved)
[1]
Editor's Note: Former Subsection C(3), which listed the general
powers and duties of the Division of Harbor Master and Marine Enforcement,
was repealed 6-8-2010 by L.L. No. 6-2010. This local law also redesignated
former Subsection C(4) and (5) as Subsection C(3) and (4), respectively.
(4)
Division of Botanic Gardens. It shall administer,
manage and supervise all botanic gardens and bird sanctuaries and
other gardens and carry on the planning, coordination, development
and arrangement of programs and projects relating thereto for and
on behalf of the residents of the Town of North Hempstead, on its
own initiative or in cooperation with other municipalities, private
citizens, associations, schools and organizations; and maintain and
provide for the custody, care and control of the facilities of this
division, including buildings, grounds and motor vehicles.
(5)
The Division of Security. It shall:
[Added 9-27-2016 by L.L.
No. 9-2016]
(a)
Patrol, secure and protect all Town facilities, including, but not
limited to, Town parks, buildings, highway yards and other realty
of the Town of North Hempstead, and the performance of other duties
as may be deemed necessary by the Town Board or the Commissioner of
the Department;
(b)
Enforce parking and Town Code ordinances and regulations in all Town
facilities in the unincorporated areas of North Hempstead;
(c)
Undertake occasional patrols of the unincorporated parts of North
Hempstead, at any hour of the day, in order to investigate complaints
and deter illicit activities, such as, but not limited to, vandalism
and illegal dumping on public or private property; and
(d)
Respond to emergencies in coordination with other law enforcement
and municipal authorities, including, but not limited to, other Town
personnel and the Nassau County Police Department.
D.
The Commissioner, acting by and through any of said
existing or hereafter-named divisions, shall be empowered to perform
such other duties and functions that are prescribed to be performed
by him in any law, ordinance or resolution of the Town Board or lawful
directive of the Supervisor. However, the Commissioner may delegate
any of his powers to or direct any of his duties to be performed by
a Deputy Commissioner or head of a division.
All costs and expenses incurred by the Department
or its officers or employees on behalf of a special improvement district
or special Town project shall be charged against such district or
project and paid from the funds duly appropriated for the purpose
of such district or project.
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 said Supervisor.
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 his Department and for which
he deems it necessary to charge and to collect a fee therefor.
If any section, provision or part thereof in
this local law shall be adjudged invalid or unconstitutional by a
court of competent jurisdiction, then such adjudication shall not
affect the validity of the local law as a whole, or any section, provision
or part thereof not so adjudged invalid or unconstitutional.
This local law shall be effective immediately
upon filing with the Secretary of State.
