[HISTORY: Adopted by the Town Board of the Town of Greenburgh 10-1-1975
by L.L. No. 13-1975. Amendments noted where applicable.]
GENERAL REFERENCES
Building, fire and plumbing — See Ch. 100.
Electricians — See Ch. 110.
Excavations and soil removal — See Ch. 210.
Sign and illumination law — See Ch. 240.
Trees — See Ch. 260.
Zoning — See Ch. 285
Cabaret Law — See Ch. 330.
Demolition — See Ch. 340.
Gasoline service stations — See Ch. 370.
Hotels, motels, rooming houses, etc. — See Ch. 373.
Tourist parks and camps — See Ch. 455.
It is the legislative intent of this Town Board to clarify by this chapter
the structure, functions and duties of the various departments and officials
within this Town government dealing with all aspects of public safety so as
to permit and foster the orderly operation of the public safety functions
and responsibilities of the government of the Town of Greenburgh.
There is hereby established for the unincorporated area of the Town
of Greenburgh a Department of Public Safety.
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 two years, pursuant to and in accordance with § 53-c of
the Town Law, at such salary as may from time to time be fixed by the 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 power and authority to appoint and remove
officers and employees under his jurisdiction in accordance with the civil
service laws.
A.
The Commissioner shall have such powers as shall be necessary
for the proper administration of the Department consistent with applicable
provisions of law.
C.
The head of each such division shall be as follows:
D.
In the event of emergency, incapacitation or prolonged
absence of the Commissioner, each division head shall, within his division,
exercise the same powers, duties and responsibilities as the Commissioner.
A.
The powers and duties of the divisions therein shall
be under the administrative direction and control of the Commissioner of Public
Safety.
B.
The Commissioner shall have all powers and duties presently
vested in the Town Board, as provided by state or any other applicable law,
except appropriation of funds and approval of budgets, with regard to the
administration, direction and control of the Division of Police, including
but not limited to the following, as well as such other powers and duties
as may be conferred from time to time by law:
(1)
Appoint a Chief of Police and such captains, lieutenants,
sergeants and patrolmen as may be needed.
(2)
Make promotions within the Division of Police on the
basis of seniority, meritorious police service and superior capability as
shown by competitive examinations, such examinations to be conducted by the
Westchester County Personnel Office. In this regard, the Commissioner shall
keep a complete service record of each member of the Division of Police, in
accordance with the rules and regulations of the Westchester County Personnel
Office, and shall transmit the record of each candidate for promotion to the
Westchester County Personnel Office in advance of such examination.
(3)
Make, adopt and enforce rules, orders, regulations for
the government, discipline, administration and disposition of the Division
of Police and the members thereof.
(4)
Adopt and make rules and regulations for the examination,
hearing, investigation and determination of charges made or preferred against
any member or members of the Division of Police.
(5)
May suspend without pay, pending the trial of charges,
any member of the Division of Police.
(6)
May reinstate a member of the Division of Police who
has been dismissed or resigned if timely application is made to the Commissioner
within 12 months after such dismissal or resignation.
(7)
Make variations in vacation and duty schedules of members
of the Division of Police in case of public emergency.
(8)
May allow members of the Division of Police to attend
police school or take such courses or curriculums as shall be in the interest
of the Division of Police.
(9)
May employ temporary police officers from time to time
as the Commissioner may determine their services necessary, such police officers
to be known as "special policemen."
(10)
May, after receiving the recommendation of the Chief
of Police:
(a)
Assign to duty the officers and members of the Division
of Police and change such assignments from time to time whenever the exigencies
of the service may require such change.
(b)
Relieve from active duty or patrol any member of the
Division of Police who, while in the actual performance of duty and without
fault or misconduct on his part, shall have become disabled physically as
a result of injuries or illness incurred in the line of duty, so as to be
unfit to perform full police duty, and such disability having been certified
to by so many of the Police Surgeons as the Commissioner may require, and
assign such member to the performance of such light duties as he may be qualified
to perform.
(c)
Suspend without pay any member of the Division of Police,
pending investigation of charges.
(d)
Detail to detective duty as many members of the Division
of Police as he deems necessary to make the Division efficient, and he may,
at any time, revoke such detail.
C.
The Commissioner shall have all the powers and duties
presently vested in the Chief of the Fire Prevention Bureau of the Town of
Greenburgh, consistent with state or other applicable law, to administer, direct and control the enforcement of
all laws, ordinances and codes which the Fire Prevention Bureau of the Town
of Greenburgh is presently authorized to enforce, related to fire prevention,[1] namely the New York State Building Construction Code; the Town
of Greenburgh Fire Prevention Code; the American Insurance Association Fire
Code; and all other generally accepted standards, as well as such other powers
and duties as are set forth in other sections of the Code of the Town of Greenburgh
concerning the Fire Prevention Bureau, and such other powers and duties as
may be conferred from time to time by law.
D.
The Commissioner shall have all powers and duties presently
vested in the Building Inspector, consistent with state or other applicable
law, to administer, direct and control the enforcement of all laws and ordinances
within the Town of Greenburgh, which the Building Inspector has heretofore
been authorized to enforce dealing with public safety as enumerated in the
applicable sections of the following Town Code chapters, except that those
sections of the following laws and ordinances relating to fire prevention
shall be enforced through the Division of Fire Prevention. Further, the Commissioner
shall exercise such other powers and duties in the area of code enforcement
as may be conferred from time to time by law.
E.
The Commissioner, acting by and through any of the 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 direction of the Supervisor.
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.
A.
Nothing herein shall be construed to take away any of
the powers which are intended to be given to the Chief of Police, Fire Marshal
or Building Inspector under state or any other applicable law.
B.
Moreover, all police officers of the Town of Greenburgh
shall carry out their duties and responsibilities under the name and be referred
to as the "Greenburgh Police Department."
C.
Notwithstanding any other provision contained in this
chapter, any disciplinary proceeding commenced against any member of the Town
of Greenburgh Police Department prior to the effective date of this chapter
may continue to be heard and determined by the Town Board, acting
as the Board of Police Commissioners.
