[Added 12-16-1997 by L.L. No. 27-1997]
A.
Whenever used in this article, words used in the singular
include the plural and vice versa, and pronouns used in the masculine
gender also include the feminine.
B.
COMMISSIONER
As used in this article, the following terms shall
have the meanings indicated:
The duly qualified and appointed Commissioner of the Department
of Public Safety.
A.
There is hereby established in the Town of North Hempstead
a Department of Public Safety.
B.
The chief executive officer and administrative head
of such Department shall be the Commissioner, who shall be appointed
by the Town Board for the term fixed by law and at such salary as
may be fixed by the Town Board. The Commissioner shall be appointed
on the basis of his administrative and practical experience and education,
as well as such additional standards as may be required by law or
the Town Board. The Commissioner shall be the head of the Department
with power and authority to appoint and remove officers and employees
under his jurisdiction in accordance with Civil Service Law and other
applicable laws. He may appoint one Deputy, who may act generally
for the Commissioner in the absence of the Commissioner, and one Assistant.
[Amended 9-1-1998 by L.L. No. 15-1998]
C.
Before entering upon the duties of office, the Commissioner
shall execute and file with the Town Clerk an official undertaking,
if the same is required by the Town Board, in such sum as is prescribed
by the Town Board and in such form as is approved by the Town Attorney.
[Added 2-10-1998 by L.L. No. 4-1998; amended 10-22-2002 by L.L. No. 15-2002]
The Department of Public Safety shall comprise
the following Divisions:
[Added 2-10-1998 by L.L. No. 4-1998; amended 8-29-2000 by L.L. No. 11-2000; 10-22-2002 by L.L. No.
15-2002]
A.
The Division of Parking Enforcement shall:
(1)
Enforce parking ordinances and regulations in all
Town facilities and in parking fields, shopping centers, streets,
and public parking districts in the unincorporated areas of North
Hempstead.
(2)
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.
(3)
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.
B.
The Division of the Animal Shelter shall have the
power, duty and responsibility to administer and do any and all things
necessary to maintain the facilities and provide the services to the
animal shelter.
C.
Except as otherwise provided by law, ordinance or
regulation, the Division of Code Enforcement shall be responsible
for the administration and enforcement of all Town laws, ordinances
and regulations.
(1)
The division shall, on complaint or other information,
investigate and make all inspections necessary and proper to carry
out its duties.
(2)
All code enforcement personnel properly trained and assigned to the division shall be given the authority to issue appearance tickets under § 4-2 of the North Hempstead Code.
(3)
All personnel within the division shall work directly
with the Office of the Town Attorney on all legal and administrative
matters pertaining to the investigation and prosecution of offenses
and to the issuance of any appearance tickets and accusatory instruments.
(4)
Complaint procedures.
(a)
The Town Board, by resolution, shall adopt procedures
for the handling of complaints from the public concerning possible
violations of the Town Code. Prior to the adoption of those complaint
procedures, the Town Board must solicit the input of the Commissioner.
(b)
After the initial adoption of the complaint
procedures by the Town Board, the Commissioner may propose to the
Town Board, in writing, recommended changes to those procedures, and
the Town Board, on its own, or based upon the recommendations of the
Commissioner, may amend, revise, correct or change the complaint procedures
as circumstances or evidence may warrant, but all procedural changes
must include consultation with the Commissioner.
D.
The Division
of Harbor and Marine Enforcement shall:
[Added 6-8-2010 by L.L. No. 6-2010]
(1)
Administer,
manage and supervise the operation, management and control of the
personnel, equipment and facilities of the Harbor Patrol of the Town
of North Hempstead;
(2)
Administer,
manage and supervise the placement and regulation of moorings in Town
waters;
(3)
Implement the enforcement functions in Chapters 42 and 69 and implement generally the functions of the Commissioner in Chapters 42 and 69.[1]
[Amended 4-3-2012 by L.L. No. 6-2012]
[1]
Editor's Note: Former Subsection E, Division of Security,
which immediately followed, was repealed 9-27-2016 by L.L. No. 9-2016.
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 collect a fee therefor.
If any section, provision or part thereof in
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.
