[Adopted 5-1-1978 by L.L. No. 7-1978]
There is hereby created within the Town of Clay
a separate department of town government to be known as the "Department
of Public Safety." This Department is created pursuant to the Suburban
Town Law of the State of New York.
[Amended 8-20-2001 by L.L. No. 1-2001]
The Town Board of the Town of Clay enacts this
article to create a new department to be known as the "Department
of Public Safety," to provide for the appointment of a Commissioner
and Deputy Commissioner of Public Safety and to define their duties.
The Department is created for the purpose of coordinating and consolidating
the fire prevention, code enforcement, youth, school safety, civil
defense and dog control activities of the Town of Clay.
Unless a different use is indicated, the following
terms shall have the meanings set forth below:
The Commissioner of the Department of Public Safety of the
Town of Clay.
The Department of Public Safety of the Town of Clay.
The Town of Clay.
The Town Board of the Town of Clay.
There is hereby created the office of Commissioner
and Deputy Commissioner of Public Safety to administer the Department
of Public Safety. The terms of said offices shall be until the first
day of January next succeeding the first annual town election held
after the appointment and thereafter shall be for a term of two years
and until a successor, or successors, shall have qualified; provided,
however, that the appointee to such office shall be removable at the
pleasure of the Town Board. The offices of Commissioner and Deputy
Commissioner of Public Safety shall be full-time positions. The appointee
to said positions shall serve in accordance with the provisions of
the Suburban Town Law of the State of New York.
The qualifications of the office of Commissioner
of Public Safety shall be a minimum of a bachelor's degree in public
administration, police administration or police science with three
years' work experience in the field of the applicant's studies or
an associate degree in public administration, police administration
or police science with five years' work experience in the field of
the applicant's studies.
The Commissioner of Public Safety shall be responsible
to the Supervisor as the Chief Executive Officer of the town pursuant
to the Suburban Town Law, and shall have the following duties and
responsibilities:
A.
Exercise those powers and duties necessary for general
supervision of the Department of Public Safety in accord with the
provisions of this article.
B.
Plan, organize, direct and review administrative procedures
necessary to the operation of the Department of Public Safety.
C.
Supervise and review the work of departmental subordinates
and report periodically to the Supervisor concerning the operation,
financial condition and future financing needs of his Department,
and shall have the power to employ, assign and dismiss such officers
and/or employees, as he deems necessary, for the proper operation
of the Department of Public Safety within budgetary limitations established
by the Town Board of the Town of Clay.
D.
Be responsible for the administration on as equal
a basis as practicable of the divisions of the Department of Public
Safety of the Town of Clay, including the Division of Police, Division
of Youth, Division of School Safety, Division of Code Enforcement,
Division of Fire Control, Division of Dog Control and Division of
Civil Defense. This responsibility shall include the coordination
of volunteer fire departments operating within the town; coordination
of the activities of the Fire Prevention Board of the Town of Clay
and in this respect, the Commissioner shall be an ex officio member
of the Fire Prevention Board of the Town of Clay; the enforcement
of all codes, ordinances and local laws heretofore or hereinafter
enacted in the town with the exception of those codes, ordinances
or local laws that have been or will be designated as enforceable
by any other official, person, employee or agent of the town.
E.
Establish forms and procedures for the enforcement of all codes, ordinances and local laws, which are the responsibility of the Commissioner of Public Safety to enforce under Subsection D of this section hereof, now existing or hereinafter enacted which pertain to the Town of Clay.
F.
Coordinate activities with the Commissioners of Planning
and Development and of Recreation and Human Resources in areas of
joint interest.
G.
Prepare an annual budget of anticipated departmental
receipts and expenditures and submit the same to the Commissioner
of Finance for his review and further action.
H.
Perform such other duties as may be assigned by the
Supervisor, the Town Board or other local laws or ordinances.
There is hereby created the position of Deputy Commissioner of Public Safety who shall be responsible for aiding the Commissioner in the discharge of those duties as the Commissioner deems necessary within the budgetary limitations established by the Town Board of the Town of Clay. The Deputy Commissioner shall also aid the Commissioner of Planning and Development, upon request, in the enforcement of codes, ordinances and local laws which are within the province of the Department of Planning and Development. The Deputy Commissioner shall develop forms and procedures for the enforcement of said laws and shall be empowered to prosecute actions for the enforcement of said codes, ordinances and local laws, which are the responsibility of the Commissioner of Public Safety to enforce under Subsection D of § 14-26 hereof, in the name of the Town of Clay.
[Amended 7-20-2009 by L.L. No. 3-2009]
Upon the effective date of this article, the
existing Police Department and position of Police Chief of the Town
of Clay shall be, and the same is hereby, abolished and terminated.
The functions and responsibilities of the Police Department are hereby
transferred to the prevailing law enforcement agency.
The Department of Public Safety shall consist
of the following divisions which shall be administered by the Commissioner
of Public Safety on an equal basis as far as practicable:
B.
Division of Youth. This Division shall be responsible
for the investigation of criminal activities involving youths; preventive
counseling; education and rehabilitation in the field of youth-related
problems and the maintenance and operation of youth-oriented programs
including but not limited to an athletic program. Personnel may be
hired, assigned and dismissed to and from this division as the Commissioner
deems necessary within the budgetary limitations as established by
the Town Board.
[Amended 7-20-2009 by L.L. No. 3-2009]
C.
Division of School Safety. This Division shall be
responsible for the establishment and implementation of a plan of
safe street crossings for students traveling to and from the schools
within the Town of Clay. Personnel shall include crossing guards and
such other personnel as deemed necessary by the Commissioner within
the budgetary limitations as established by the Town Board.
D.
Division of Code Enforcement. This Division shall be responsible for the enforcement of all local laws and ordinances, which are the responsibility of the Commissioner of Public Safety to enforce under Subsection D of § 14-26 hereof, as heretofore or hereinafter established for the Town of Clay and, in this regard, this Division shall cooperate and act in coordination with the other divisions of this Department and with other departments of the town, including but not limited to the Department of Planning and Development. Personnel shall be selected by the Commissioner as he deems necessary within the budgetary limitations as established by the Town Board.
E.
Division of Fire Control. This Division shall be responsible
for the coordination of fire control activities within the town. This
Division shall coordinate its activities and work with the Fire Board
of the Town of Clay. Any volunteer Fire Departments that provide fire
protection for the town shall be included in this Division in accord
with the provisions of any contracts between the Town of Clay and
such volunteer Fire Department. Personnel shall be selected by the
Commissioner as he deems necessary within the budgetary limitations
as established by the Town Board or he may assign the coordination
of fire control activities to the Fire Board of the Town of Clay.
F.
Division of Dog Control. This Division shall be responsible
for the coordination of dog control activities within the town and
for the enforcement of all laws or ordinances pertaining thereto.
Personnel for this division shall be selected by the Commissioner
as he deems necessary within the budgetary limitations as established
by the Town Board including but not limited to a Dog Warden. This
Division shall include within its responsibilities all of the functions
heretofore performed by the Dog Warden of the Town of Clay.
G.
Division of Civil Defense. This Division shall be
responsible for the coordination of all civil defense activities within
the town. Personnel for this Division shall be selected by the Commissioner
as he deems necessary within the budgetary limitations as established
by the Town Board. The Commissioner may select volunteers to implement
the civil defense activities.
