[Adopted 7-2-1979 by L.L. No. 8-1979]
The provisions of former Article I, adopted as Local Law No. 1-1958, and the amendments thereto by Local Law No. 1-1966, and Local Law No. 5-1977, as well as former Article II, adopted May 9, 1960, as Ordinance No. 95, and former Article III, adopted June 28, 1971, as Ordinance No. 96, are hereby repealed; and Chapter 56 of the Village Code of the Village of Valley Stream is hereby reconstituted as follows.
The Board of Trustees hereby establishes the
Valley Stream Department of Recreation and Parks to operate and maintain
all parks within the boundaries of the Incorporated Village of Valley
Stream.
As used in this article, the following terms
shall have the meanings indicated:
The Valley Stream Department of Recreation and Parks.
The following areas as heretofore acquired by the Village
of Valley Stream: Arthur J. Hendrickson Park, Barrett Park, Fireman's
Field, Arlington Park, the Village Green and such other park areas
as shall be designated from time to time by resolution of the Board
of Trustees.
The Incorporated Village of Valley Stream.
The Board of Trustees of the Incorporated Village of Valley
Stream.
The Department shall have the following powers
and duties:
A.
The Department shall have exclusive authority, subject
to the approval of the Village Board, over the operations and maintenance
of all park areas as hereinbefore provided but shall have no authority
or jurisdiction with respect to any other lands of the Village.
B.
The Department shall submit its budget request each
year to the Village Board in the manner required by the Village Law
for each department of the Village.
C.
The Department shall recommend ordinances, rules and
regulations and provide penalties for the proposed administration
and operation of parks. Such ordinances, rules and regulations shall
be prepared with the advice and recommendation of the Village Attorney
and shall be enacted in the manner prescribed in the Village Law.
The enactment of such ordinances, rules, regulations and penalties
shall be subject to approval by the Village Board by resolution at
a public meeting.
D.
The parks shall be restricted to use solely by residents
of the Village unless the prior consent of the Village Board is obtained
for the use of the parks by others.
E.
The Department shall expend the moneys duly appropriated
by the Village Board for the operation and maintenance of the parks.
No expenditures shall exceed the budgetary appropriation for the particular
fiscal year.
F.
Claim vouchers for materials furnished or services
rendered to the Department shall be submitted to the Village Board
for audit, in the same manner as is required of other departments
of the Village.
G.
All purchases shall be made through the Purchasing
Officer of the Village in accordance with the rules and regulations
established by the Village Board.
H.
The Department shall interview and recommend personnel
to the Mayor and Board of Trustees for appropriate action.
I.
The Department shall immediately notify the Village,
in writing, of any complaints received concerning any alleged defective
condition in the parks and shall also give immediate notice to the
Police Department of the County of Nassau and to the Village Board
of the occurrence of any accident in the parks.
J.
Admission fees.
[Amended 5-11-1992 by L.L. No. 3-1992]
(1)
The Department shall recommend whether fees are to
be charged for admission to the parks or any of their facilities,
and all fees, charges and receipts shall be delivered to the Village
Treasurer in the manner prescribed for all departments of the Village
by the Village Law. Such fees shall be subject to approval by the
Board of Trustees, by resolution at a public meeting.
(2)
This provision relating to fees and charges is adopted
pursuant to New York Municipal Home Rule Law § 10 and is
intended to supersede those provisions of New York Village Law § 13-1306
which require the Board of Trustees to hold a public hearing prior
to establishing or revising charges for the use of a self-supporting
improvement.
K.
The Department shall only have the powers enumerated
herein and shall not have the power or authority to sue or to be sued
or to borrow money or to purchase, lease or otherwise acquire real
property. All personal property acquired by the Department shall be
in the name of and shall belong to the Village.
L.
Simultaneously with the filing with the budget officer
of the Village of the budgetary request of the Department for the
ensuing fiscal year, the Department shall file with the Village Clerk
a written report containing the following facts:
(1)
The amount of money on hand at the beginning of the
preceding fiscal year, the receipts from all sources during the current
fiscal year and the estimate of the Department of its receipts for
the balance of the current fiscal year.
(2)
An itemized statement of the amounts paid out during
the current year and the balance on hand and the estimated expenditures
to be made for the balance of the current year.
(3)
A description of the existing facilities of the parks
and the extent of their use during the current fiscal year and the
extent of their estimated use for the balance of the current year.
(4)
Such other facts as the Village Board from time to
time deems important for the information of the Village, together
with such recommendations concerning the Department as may be requested
by the Village Board.
This article shall take effect immediately.
