[Adopted 3-12-2008 by Ord. No. 0-08-03[1]]
[1]
Editor's Note: This ordinance also repealed
former Art. I, Board of Park and Recreation Commissioners, adopted
3-30-1977 by Ord. No. 3-1977 as amended.
A.For the purpose of this article, the following
words and phrases, unless otherwise indicated, shall be deemed to
have the following meanings:
The Board of Recreation Commissioners hereby created.
An area of land, with or without water, developed and used
for public recreational purposes, including landscaped tracts; picnic
grounds; playgrounds; athletic fields; recreation centers; camps;
foot, bicycle and bridle paths; motor vehicle drives; wildlife sanctuaries;
museums, zoological and botanical gardens; facilities for bathing,
boating, hunting and fishing, as well as other recreational facilities
for the use and benefit of the public.
The Township of South Harrison.
[Amended 5-13-2009 by Ord. No. 0-09-03; 4-14-2010 by Ord. No.
0-10-06]
There is hereby created a Board of Recreation
Commissioners pursuant to N.J.S.A. 40:12-1 et seq., consisting of
seven members, who shall be appointed by the Mayor. Members of the
Board shall be residents of the Township of South Harrison of recognized
fitness for such position. A Commissioner shall not receive any compensation
for his or her services.
[Amended 5-13-2009 by Ord. No. 0-09-03; 4-14-2010 by Ord. No.
0-10-06]
Pursuant to N.J.S.A. 40:12-1, the Board members
first appointed shall be appointed for terms of one, two, three, four,
and five years respectively, in such manner that the term of at least
one Commissioner and not more than two Commissioners shall expire
in each year according to the number appointed as fixed by the Mayor.
Thereafter, all appointments shall be for the term of five years for
so long as the Board consists of five or seven members according to
the number appointed to comprise the Board, and vacancies shall be
filled for the unexpired term only. The members shall serve until
their respective successors are appointed and shall qualify. No Commissioner
shall be permitted to act on a matter in which he or she has either
directly or indirectly any personal or financial interest. A Commissioner
may, after public hearing, if he or she requests one, be removed by
the Township Committee for cause.
[Amended 4-14-2010 by Ord. No. 0-10-06]
An organizational meeting shall be held in January
of each calendar year by the members of the Board, during which meeting
there shall be elected a Chair, Vice Chair, Recording Secretary and
Treasurer. All Commissioners shall have an equal vote.
[Amended 4-14-2010 by Ord. No. 0-10-06]
A.
In addition to the regular Commissioner members, the
Mayor may appoint one or two alternate members to the Board. Alternate
members shall be designated at the time of appointment as "Alternate
No. 1" and "Alternate No. 2." The length of the terms of the alternate
members shall be the same as the length of the terms of the regular
members of the Board of Recreation Commissioners. If two alternates
are appointed, their terms shall be staggered by the appointment of
one of the alternates for an initial term that is a year less than
a regular term. A vacancy occurring otherwise than by expiration of
the term shall be filled by the Township Committee for the unexpired
term only.
B.
No alternate member shall be permitted to act on any
matter in which the alternate has either directly or indirectly any
personal or financial interest. An alternate member may, after public
hearing if he or she requests one, be removed by the Township Committee
for cause.
C.
Alternate
members may participate in discussions of the proceedings of the Board
but may not vote, except in the absence or disqualification of a regular
member of the Board of Recreation Commissioners. A vote shall not
be delayed in order that a regular member may vote instead of an alternate
member. In the event that a choice must be made as to which alternate
member is to vote, Alternate No. 1 shall vote.
The powers and duties of the Chair shall be
as follows:
A.
The Board shall have the power to:
(1)
Conduct any form of recreation or cultural activity
that will benefit the health, education and general welfare of the
residents of the Township, and may plan, promote, manage, and help
operate activities within the Township parks and open space areas
and at recreation facilities, and may help improve the same in cooperation
with the Township and its Public Works Department.
(2)
Enter into any contract in writing, act independently
of or in conjunction with the governments of the United States, the
State of New Jersey, any county, city or borough, park district, school
district or any other public organization for the purpose of conducting
a recreation program or exercising any other power granted by this
article.
(3)
Exercise appropriate discretion regarding the display
or presentation of any statuary, monuments or works of art to be displayed
within or presented to the Township to ensure that any such display
will benefit the health, education and general welfare of the residents
of the Township.
B.
The Board may also solicit or receive any gifts, bequests
of money or other real or personal property to be applied for either
temporary or permanent operation and maintenance of playgrounds, parks
or other recreational purposes.
C.
Powers of said Board include the authority to grant
concessions and privileges upon such conditions and for such compensation
as it shall prescribe. Any revenue received shall be used for recreational
purposes, provided that no concession or privilege shall ever be granted
for the sale of intoxicating liquors, beer and/or wine in any public
park and that no concession or privilege shall be granted for a period
of more than three years unless approved by ordinance.
D.
The Board shall have no power to acquire land or property,
whether real, personal or mixed, or to accept gifts of real, personal
or mixed property, without the approval of the Township Committee,
and any property held hereunder shall be in the name of the Township
of South Harrison. All acquisition of property shall be held in the
name of the Township of South Harrison.
[Amended 4-14-2010 by Ord. No. 0-10-06]
In order to provide the funds, in whole or in part, necessary
to improve, maintain and police the playgrounds or recreation places
under its control, the Board of Recreation Commissioners may arrange
and provide for the giving of expositions, plays, concerts, games
and contests, and may use and employ such playgrounds or recreation
places for the purpose of giving thereon expositions, plays, concerts,
games and contests. The Board may charge and collect a reasonable
admission fee for each person entering such playground or recreation
place as a spectator during the time or times when the same is being
used or employed for such purposes, but shall not use or employ any
such playground or recreation place for such purpose for a greater
period than a ratio of one hour to every two hours in each day during
which the playground or recreation places are utilized, nor more than
16 hours in any one calendar week, and when any such playground or
recreation place is used for such purpose, no admission fee shall
be charged or collected from children under 12 years of age. The Board
of Recreation Commissioners may charge and collect a reasonable service
charge from persons using, as participants, special areas and facilities
which require special maintenance and the use of which is restricted
to relatively few people, in order to assist in the meeting of the
operating costs thereof in whole or in part.
Annually the Board shall submit a budget to
the Township Committee on or before the second Monday in December
for its approval.
[Amended 4-14-2010 by Ord. No. 0-10-06]
A.
The Board of Recreation Commissioners shall have full control over all parks, playgrounds, recreation facilities and open space areas and may adopt a Board seal, suitable rules, regulations and bylaws for the use thereof, and the conduct of all persons while on or using the same; and any person who shall violate any of such rules, regulations or bylaws shall be deemed and adjudged to be a disorderly person subject to the penalties provided by New Jersey Law and as provided in § 1-14 of this Code.
B.
Any contractor, vendor, entity or person authorized by the Board to utilize the recreation property and facilities under its control for any of the purposes set forth at § 4-8 hereof or for any other purpose authorized by the Board shall provide, in advance of the authorized use, a certificate of insurance naming the Township of South Harrison, the Board of Recreation Commissioners, their respective officers, agents and employees as additional insureds under a policy of insurance covering claims for public liability, personal injury, death and property damage with limits of insurance not less than $1,000,000 for a combined single limit policy or, in the alternative, coverage for such liabilities for personal injury and death of not less than $1,000,000 for any single incident or occurrence and $500,000 for any single incident or occurrence of property damage. The lessee may satisfy the above insurance requirements with an endorsement to a master policy or by way of umbrella coverage, or any combination of the two methods.
[Amended 5-13-2009 by Ord. No. 0-09-03; 4-14-2010 by Ord. No.
0-10-06]
Regular meetings of the Board of Recreational Commissioners
shall be held at the call of the Chair or, in his or her absence or
disability, at the call of the Vice Chair; provided, however, that
a meeting shall be called upon the written request of at least four
members of the Board of Recreation Commissioners. At all meetings
a quorum shall consist of four voting members of the Board. No business
shall be transacted by the Board unless a quorum consisting of at
least four voting members of the Board is present.
[Added 4-14-2010 by Ord. No. 0-10-06]
All monies received by the Board shall be paid over to the Township
Treasurer and shall be kept in a special fund, which shall be under
the control of the Board and used only for the purpose of defraying
the expenses of improving, maintaining or policing the playgrounds
and recreation places and for the other expenses of the Board.
[Added 4-14-2010 by Ord. No. 0-10-06]
A.
The position of any person(s) appointed as a member of the Board
of Recreation Commissioners to a specified term by the Mayor of South
Harrison Township pursuant to N.J.S.A. 40:12-1 et seq. shall be deemed
vacant, pursuant to N.J.S.A. 40A:9-12.1:
(1)
Upon its being so declared by judicial determination;
(2)
Upon the filing of his or her written resignation;
(3)
Upon the refusal of a person(s) designated for appointment to such
position to qualify or serve;
(4)
Upon the determination of the Mayor that his or her appointee shall
have become physically or mentally incapable of serving;
(5)
Upon the death of a Recreation Commissioner;
(6)
Upon the determination of the Mayor that, in violation of a lawful
residency requirement, the Recreation Commissioner appointed by the
Mayor no longer resides within the corporate limits of South Harrison
Township;
(7)
Upon the removal of the Recreation Commissioner appointed by the
Mayor for cause in accordance with law or for any other reason prescribed
by law; and
(8)
Whenever the appointed Recreation Commissioner, without being excused
by a majority of the authorized members of the Board of Recreation
Commissioners, fails to attend and participate at meetings of such
body for a period of eight consecutive weeks, or for four consecutive
regular meetings, whichever shall be of longer duration, at the conclusion
of such period, provided that the Board of Recreation Commissioners
shall notify the Mayor, in writing of such determination; provided,
further, that the Board of Recreation Commissioners may refuse to
excuse only with respect to those failures to attend and participate
which are not due to legitimate illness; provided, however, that nothing
in this subsection shall preclude the Township Committee from adopting
by ordinance a policy establishing a lower absentee threshold, provided
that the ordinance shall not permit the removal of the Recreation
Commissioner if the Recreation Commissioner has been absent for less
than six consecutive weeks, or three consecutive meetings, whichever
shall be of longer duration, without being excused, within the term
of office for the position held by the individual.
B.
Whenever any of the above shall occur, the Mayor shall forthwith
fill the vacancy for the unexpired terms in the manner prescribed
by law and this article.
