§ 20-53. Functions, powers and duties.

The functions, powers and duties of such Divisions therein shall be under the administration, direction and control of the Commissioner, and each of said Divisions shall be supervised by a division head, who shall be designated "Division Director." The Commissioner may, with the approval of the Town Board after a public hearing, establish, consolidate or abolish any bureau or subdivision now existing or hereafter created in any such Division. Additional responsibilities of this Department include towing administration and the oversight of ambulance and fire protection districts. The provisions of any local law to the contrary notwithstanding, the functions, powers and duties of such Divisions shall be as follows:

A. 

Division of Code Enforcement.

(1) 

The Division of Code Enforcement shall be responsible for enforcement of provisions of the Code as follows:

(a) 

Code Enforcement. Members of the Code Enforcement shall enforce the Code as it regulates the use of parks and/or property of the Town or of the Trustees and Freeholders of the Commonalty of the Town of Brookhaven. Such personnel shall assist and advise any persons in or upon such property in order to protect their health, safety and welfare.

(2) 

All such personnel shall have the power and authority to issue notices of violation, appearance tickets and other accusatory instruments relative to the above. In addition, upon request through the Director or his/her authorized representative, the Supervisor may assign personnel from the Division of Code Enforcement to various other duties as he deems necessary to enforce specific sections of the Code on behalf of any other Department or entity of the Town, in which case said personnel shall have the power and authority to issue notices of violation, appearance tickets and other accusatory instruments.

(3) 

In addition to the foregoing, the Division of Code Enforcement shall have the following duties:

(a) 

Emergency preparedness. The Division shall coordinate and assist operations pertaining to civil defense and other emergency situations at the direction of the Supervisor.

(b) 

Radio operations. The Division shall administer the allocation and use of all radio and telecommunications equipment and ensure compliance with the rules and regulations of the Federal Communications Commission.

B. 

Division of Fire Prevention. A Division of Fire Prevention is hereby established, which shall be operated under the supervision of the Chief Fire Marshal. The head of the Division shall be known as the "Chief Fire Marshal." The Chief Fire Marshal shall devote his full time to the duties of the Division of Fire Prevention. In the absence of the Chief Fire Marshal or at the direction of the Commissioner of Public Safety, the Assistant Chief Fire Marshal shall have the full power, authority and responsibility to undertake and perform all acts and duties performed by the Chief Fire Marshal. There shall be appointed as many Fire Marshals as may be necessary to assist the Chief Fire Marshal or Assistant Chief Fire Marshal in his duties. The Division of Fire Prevention shall administer and enforce Group 4 of the local laws of the Town, known as the "Fire Prevention Local Law of the Town of Brookhaven," and amendments thereto, including the issuance of permits required by said local law and the collection of fees as set forth herein.

Editor's Note: See Ch. 30, Fire Prevention.

C. 

Division of Harbors and Waterways. The Division of Harbors and Waterways shall be charged with the administration of all matters pertaining to the management, maintenance, navigation and code enforcement of the Town's harbors, waterfronts, waterways, channels, bays and rivers.

(1) 

Bay constables. Bay constables shall retain all powers and duties imposed by law and, in addition thereto, shall enforce all local laws, rules and regulations pertaining to boating, fishing, shellfishing and waterways within the Town.

(2) 

Harbormaster. The Harbormaster shall retain all powers and duties imposed by law and, in addition thereto, shall enforce all local laws, rules and regulations pertaining to boating, fishing, shellfishing and waterways within the Town.

Amended 5-20-2008 by L.L. No. 13-2008, effective 7-7-2008; 12-8-2009 by L.L. No. 24-2009, effective 1-4-2010; 12-21-2010 by L.L. No. 1-2011, effective 1-24-2011; 1-7-2014 by L.L. No. 1-2014, effective 1-9-2014