[HISTORY: Adopted by the Town Board of the
Town of Babylon 9-7-1994 by L.L.
No. 18-1994. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 191.
This chapter shall be known as the "Town of
Babylon Department of Public Works Law."
A.
Word usage. Whenever used in this chapter, words used
in the singular include the plural and vice versa.
B.
CHIEF DEPUTY COMMISSIONER
COMMISSIONER
DEPARTMENT
DEPUTY COMMISSIONER
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
The Chief Deputy Commissioner of the Town of Babylon Department
of Public Works who shall act in place of the Commissioner.
The Commissioner of Public Works, who shall be the chief
executive officer of the Department.
The Town of Babylon Department of Public Works, which shall
perform a major function of Town government.
The Deputy Commissioners of the Town of Babylon Department
of Public Works, who shall act for and in the place of the Commissioner.
A.
There
shall be in the Town of Babylon a Department of Public Works. 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 of four years to run concurrently with that of the Supervisor's
term who shall be in office at the time of his appointment, 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 or his designee
shall have the powers and duties of the Highway Superintendent, pursuant
to the Highway Law, and shall be the head of the Department with the
power and authority to appoint and remove employees under his jurisdiction
in accordance with the Civil Service Law and other applicable laws.
[Amended 10-21-2015 by L.L. No. 16-2015]
B.
Powers and duties of Commissioner.
(1)
The Commissioner is empowered herein to appoint a
Chief Deputy Commissioner and two Deputy Commissioners who shall generally
act for and on his behalf and who shall perform such duties as are
vested in and imposed upon that office by the provisions of this chapter,
by statute or by other lawful authority.
(2)
The Commissioner is also empowered herein to appoint
a confidential secretary and an executive assistant to the Commissioner
for such administrative functions as may be assigned and to advise
and aid the Commissioner in the planning and coordination of projects
and policies of the Department.
(3)
Before entering upon the duties of his 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 form
as approved by the Town Attorney.
A.
The powers and duties of such bureaus therein shall
be under the administration, direction and control of the Commissioner
and each of the bureaus shall be supervised by such Deputy Commissioner
as shall be designated by the Commissioner.
B.
The Bureau of Highways shall consist of the following
divisions which shall have the following powers and duties:
(1)
Division of Highway Maintenance. Its powers and duties
are to have charge and supervision of the construction, repair, reconstruction,
improvement, maintenance, snow removal and vehicle removal for all
highways, roads, streets, path sites, curbs, sidewalks, bridges, municipal
parking areas, sumps, roadway tree removal and maintenance, drains
and drainage structures under Town jurisdiction or any special districts
thereof and other such duties as may be assigned.
[Amended 7-13-2004 by L.L. No. 17-2004]
(2)
Division of Traffic Safety.
(a)
The production, installation, maintenance and repair
of all signs for all of the foregoing highways, roads, streets, sidewalks,
path sites, bridges and municipal parking areas, buildings and grounds.
(b)
The administration, management and recommending of
ordinances embodying appropriate traffic control regulations, collection
and compilation of traffic data, design, installation, operation and
maintenance of appropriate traffic control devices, coordination with
Suffolk County Traffic Safety Department and other agencies in the
establishment of traffic regulatory measures; review and comment on
roadways and other traffic facilities; conduct and cooperate in traffic
planning for the Town of Babylon, in conjunction with other Town agencies,
to develop ways and means to improve traffic safety conditions; and
to appropriate traffic research to assist in planning and design of
traffic safety measures, promotion of traffic safety education, installation,
operation and maintenance of parking meters, establishment of systems
of truck routes and the performance of all other similar or related
efforts of traffic safety and the installation and maintenance of
street lighting and related facilities.
C.
Bureau of Municipal Buildings and Grounds. Its powers
and duties are to have charge and supervision of the maintenance,
repairs and alterations of the buildings and structures owned or leased
by the Town or any of its special districts, including landscaping,
routine minor maintenance of buildings and structures and refuse removal,
maintenance of all grounds and facilities used for recreation purposes,
maintenance of all Town beaches and lot cleanups.
D.
Vehicle maintenance.
[Amended 11-19-1996 by L.L. No. 19-1996]
(1)
The Commissioner shall be in charge of the supervision
of and provision for the repair, maintenance and servicing for all
vehicles owned by and under the jurisdiction of the Town of Babylon
or any of its special districts, shall manage and maintain related
facilities, equipment and personnel necessary for the property administration
thereof.
[Amended 5-20-2002 by L.L. No. 9-2002]
(2)
In addition to such other personnel under this section,
there may be the following:
(a)
Auto recovery specialist. The auto recovery specialist
shall have the responsibility to investigate and assess the status
of abandoned vehicles throughout the Town and to enforce the provisions
of Chapter 205 of the Town Code of the Town of Babylon relating to
said abandoned vehicles.
(b)
Auto equipment operators and auto equipment operators (AEO) "B" (tow truck). The automotive equipment operators shall be responsible for the removal of vehicles pursuant to Chapter 6 of the Uniform Code of Traffic Ordinances.[1]
[Amended 7-13-2004 by L.L. No. 17-2004; 3-7-2006 by L.L. No. 4-2006]
[1]
Editor's Note: The Uniform Code of Traffic
Ordinances is in a separate volume on file in the Town Clerk's office.
(c)
Automotive claims adjuster. The automotive claims
adjuster shall be charged with the responsibility of performing appraisals
and claims adjustments of abandoned vehicles removed by the Town pursuant
to Chapter 205 of the Town Code.
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 for from the funds duly appropriated for the purpose
of such district or project.
The employees of each bureau shall retain their
seniority status within each bureau as regards promotions, vacations,
longevity or any action in which seniority takes precedence. Such
seniority remains intact in all cases except in the event of Town-wide
layoff. Nothing herein shall be construed to effect the rights of
competitive class employees.
Nothing herein contained shall be construed
to delegate or transfer any powers 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 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.
This chapter shall be effective when the appropriate
certified copies are filed with the Secretary of State of the State
of New York.
