Town of Johnston, RI
Providence County
[Adopted 12-10-1979 by Ord. No. 440 as Secs. 19-1 to 19-6 of the 1979 Code]

§ 9-22 Commission established.

Pursuant to the provisions of Section 18-5 of the Town Charter, there is established a Parks and Recreation Commission consisting of five qualified electors of the Town.

§ 9-23 Membership; terms of office; vacancies; compensation.

A. 
Members shall be appointed by the Town Council in the month of October for terms of three years, provided that, in 1965, two members shall be appointed for terms of three years, two members for terms of two years and one member for a term of one year. Thereafter all members shall be appointed for terms of three years to succeed those members whose terms expire.
B. 
Any vacancy on the Commission shall be filled in the same manner, viz., appointed by the Town Council. All members shall serve until their respective successors have been elected and installed in office.
C. 
The members of the Commission shall receive no compensation for their services.

§ 9-24 Ex officio members designated.

There shall be ex officio members of the Parks and Recreation Commission consisting of a member of the School Committee; a member of the Town Council; and a member from the Department of Public Works designated by the Director of the Department of Public Works.

§ 9-25 Organization and bylaws.

A. 
Forthwith after the appointment of the original Commission and annually after the expiration of each term and the election of a new member or members, the Commission shall elect from among its members a Chairman and a Secretary. The Chairman shall preside at all meetings of the Commission and the Secretary shall keep the records of the meetings of the Commission.
B. 
The Commission is authorized to adopt bylaws for the transaction of its affairs and to adopt rules and regulations relating to its meetings not inconsistent with the laws of the state and with the provisions of this Code, the Town Charter and other ordinances.

§ 9-26 Powers and duties.

The Parks and Recreation Commission shall have the power to:
A. 
Acquire by gift or with the approval of the Town Council to lease or purchase and within limits of appropriations and other available funds to establish, develop, construct, equip, maintain, control and operate parks, reservations, gardens, memorial sites and squares, playgrounds, playfields, swimming pools, and all types of recreational facilities and the appurtenances incidental to their use and enjoyment by the public.
B. 
Make a study and survey on behalf of the Town of lands that can be used for recreation and conservation purposes as defined under R.I.G.L.§ 32-4-1 et seq., so that the Town may acquire lands for such purposes, subject to the conditions and limitations prescribed by such laws, if possible. Recommendations of the Commission pertaining to R.I.G.L. § 32-4-1 et seq., shall be submitted to the Town Council for their approval.
C. 
Plan, direct and conduct recreational programs for all age groups.
D. 
Adopt rules and regulations not inconsistent with the ordinances of the Town governing the use of its grounds and facilities; provided that no charge shall be made for such use nor any concession granted to any commercial enterprise therein except when specifically authorized by this Code or other ordinance.
E. 
Accept gifts of money or land when donated for the purpose of advancing the progress of its program.
F. 
From time to time with the consent of the School Committee use any school buildings, grounds and facilities in connection with its recreational program; provided that all facilities within school buildings shall be subject to the supervision of the School Committee.
G. 
Have the care, management and control over the use and operation of all public playgrounds and places used for recreational activities within the Town and the equipment and facilities thereon and the conducting and promoting thereon and therewith of play, sport, physical and industrial education and recreation activities, and managing and regulating the same.
H. 
May use to any extent appropriate or required for public playgrounds or recreation activities the public parks and parkways, the swimming pool grounds, buildings and other properties of the Town adapted or adaptable for public playgrounds or recreational activities; provided, however, that nothing herein shall authorize any action by the Town Council or by the Parks and Recreation Commission which would violate or be inconsistent with the terms and conditions of any trust or deed or gift under which the same have been or hereafter may be acquired by the Town.
I. 
Prescribe suitable rules and regulations pertaining to the use of all such playgrounds or places, generally or severally, under which such play, sport and recreation activities shall be carried on, and shall cause rules and regulations to be printed and posted upon the premises at or near the place or places where the same are carried on. Any person violating any such rule or regulation may be expelled from such premises for a period not exceeding 30 days, or may be deprived of any right to engage in the same for a period not exceeding 30 days, by order of the Parks and Recreation Commission or any person by them duly authorized.
J. 
Have such other powers and duties as may be prescribed by this Code or other ordinance.

§ 9-27 Limitations on powers.

A. 
Nothing contained in this article shall be construed to authorize the Parks and Recreation Commission to hire any land or pay any consideration for the use of any land permitted to be used by the Parks and Recreation Commission for any purposes, or to authorize the Parks and Recreation Commission to exceed the express powers herein provided and thereby interfere in any way with the general management, supervision and control of any public parks or parkways.
(1) 
The Parks and Recreation Commission may make minor changes and improvements in or on the grounds of any playgrounds to better adapt the same for the uses authorized herein, the expense thereof to be paid from the appropriation for parks and recreation.
(2) 
The Commission shall provide all new equipment and supplies for all playgrounds and places and recreation activities, used, managed or conducted by it, subject, however, to the jurisdiction of the Division of Contract and Purchase of the Department of Finance, and the expense thereof shall be charged to the appropriation for parks and recreation, unless otherwise expressly provided by ordinance or resolution of the Town Council.
B. 
Nothing contained in this article shall be construed to take away from the Town Council or Mayor or Department of Public Works any powers of control or management of any public park or parkways, except that, with reference to any parts thereof which are used by the Parks and Recreation Commission for public playgrounds or recreation facilities, the Commission shall have the unrestricted use of all equipment and facilities thereof or therefor, and shall exclusively prescribe the rules and regulations under which such play, sport, physical education and recreation activities shall be carried on, but such rules and regulations shall be made subject to all laws of the state and ordinances of the Town for the protection and preservation of public parks and parkways and the maintenance of due order therein.
C. 
The Parks and Recreation Commission shall have no authority to spend any money or to contract any indebtedness for or on account of the Town other than such money as shall be appropriated and placed at its disposal by the Town Council for the purposes prescribed by law, this Code or by ordinance of the Town Council.