Borough of Ho-Ho-Kus, NJ Chapter 51A Recreation Commissioners, Board of

[HISTORY: Adopted by the Mayor and Council of the Borough of Ho-Ho-Kus 9-24-1991 by Ord. No. 686. Amendments noted where applicable.]

§ 51A-1 Creation; membership; terms; vacancies; compensation.

A. There is hereby created, pursuant to N.J.S.A. 40:12-1 et seq., a Board of Recreation Commissioners of the Borough consisting of seven members. The members shall be appointed by the Mayor with the advice and consent of the Council. There may be one member of the Council on the Board of Recreation Commissioners who shall be appointed annually by the Mayor with the advice and consent of the Council for a term of one year. All of the members of the Board shall be citizens and residents of the Borough.

B. The Mayor and Council, in selecting members to serve on the Board, shall give due consideration to selecting members from the following organizations: the Ho-Ho-Kus Board of Education, the Ho-Ho-Kus/Saddle River Athletic Association and four members at large.

[Amended 4-28-1992 by Ord. No. 702; 2-15-2005 by Ord. No. 894]

C. The Commissioners first appointed shall be appointed for terms of one, two, three, four and five years, respectively, in such a manner that the term of at least one Commissioner, and not more than two Commissioners, shall expire in each year. Thereafter, all appointments shall be for terms of five years, and vacancies shall be filled for the unexpired term only. Members shall serve until their respective successors are appointed and shall qualify.

D. No Commissioner shall receive any compensation for his services as a Commissioner.

§ 51A-2 Officers; meetings.

A. Immediately following their appointment and assumption of their office, an organizational meeting shall be held by the members of the Board. At such time, there shall be elected a Chairman and Vice Chairman, who must be Commissioners, a Secretary, who need not be a Commissioner, and such officers as may be necessary.

B. It shall be the duty of the Chairman to preside at all meetings of the Board and of the Secretary to keep minutes at all the meetings and of all the proceedings of the Board. A majority of the Board shall constitute a quorum of business, and three affirmative votes shall be necessary to carry any proposition. A meeting of the Board shall be held at least once every three months.

§ 51A-3 Powers and duties.

A. The Board of Recreation Commissioners shall at all times be subject to the general authority of the Mayor and Council but shall have the following powers, duties and authority:

(1) With the approval of the Borough Council, and if given after appropriate action in accordance with the law, the Board may acquire lands for public parks and recreation places by gift or purchase and construct or cause to be constructed on these lands so acquired such buildings or other structures as may be deemed necessary to enable the Board to provide properly and adequately for the purposes of the Board.

(2) The Board may solicit and receive any gifts, bequests of money or other personal property to be applied for either the temporary or permanent operation and maintenance of the recreation areas within the jurisdiction of the Board.

(3) The Board may conduct any form of recreation or cultural activity that will benefit the health, education and general welfare of the residents of the Borough.

(4) The Board may control and supervise all parks and places of recreation within the jurisdiction of the Borough and Board.

(5) The Board may adopt suitable rules, regulations and bylaws governing both the use of such parks and recreation areas and the conduct of all persons while on or using the same. Any person who shall violate any of such rules, regulations or bylaws shall be deemed in violation of this chapter.

(6) The Board may appoint a Recreation Director for a term not to exceed three years and such number of custodians, supervisors and assistants for the several playgrounds and recreation places under its control as they shall think necessary and fix and determine their salaries. This chapter and the rules, regulations and bylaws adopted by the Board may be enforced by the Police Department of the Borough.

(7) The Board shall have the power to establish certain fees to be charged to those persons who desire to use the various recreation facilities in the Borough under the control of the Board of Recreation Commissioners. Such fees as may be established by the Board shall be set annually, and such fees, once established, shall immediately be posted in the Borough Hall and published in the official newspaper and a copy of the same immediately sent to the Mayor and Council by forwarding a copy thereof to the Borough Clerk.

B. The Board of Recreation Commissioners shall, in addition to the powers and duties defined herein, be chargeable with the performance of all duties and shall be vested with all other powers as are more particularly set forth in N.J.S.A. 40:12-1 to 40:12-8, inclusive, as amended and supplemented.

§ 51A-4 Promulgation of rules and regulations.

A. All rules, regulations, bylaws and amendments thereto adopted by the Board shall be promulgated by one publication in the official newspaper published or circulated in the Borough, and a notice shall be posted in at least one public place and at each location in the Borough to which they apply.

B. The rules, regulations and bylaws shall become effective 10 days from and after the date of the last publication.

§ 51A-5 Budget; recommendations for improvements; office space.

A. Each year, the Board shall develop an operating budget for the ensuing calendar year and present it to the Mayor and Council on or before November 15.

B. The budget shall give the details of the moneys considered necessary to carry out the recreational program adopted by the Board and show the amount of moneys allocated for the various required services. The Mayor and Council shall have the right to approve the budget in whole or in part or to fix an amount which the Council deems adequate and proper for the purpose of the Board of Recreation Commissioners and shall appropriate the sum for such purpose. The Board shall have the right to conduct its affairs, policies and programs and shall expend moneys each year within the amount appropriated by the Council for such purpose. At no time shall the Board expend more than the sum so appropriated.

C. Each year, the Board may make recommendations to the Council or the Board of Education concerning capital improvements to any park, playground, field or recreation area within the jurisdiction of the Board, but, in accordance with the law, the Council or Board of Education shall retain control over the expenditures of any moneys appropriated for such capital improvements.

D. A suitable office or offices shall be provided for the Board of Recreation Commissioners.

§ 51A-6 Fees and expenses; use of funds.

A. It shall be the responsibility of the Board of Recreation Commissioners to collect the fees that are charged by the Recreation Commission and to promptly deliver such fees to the Borough Treasurer for deposit in a segregated account relating to the Board of Recreation Commissioners.

B. Such fees by the Board shall be used only for the purpose of improving, maintaining or policing the playgrounds and recreation places and for other expenses of the Board.

C. Expenditures by the Recreation Commission of any of the fees or revenues collected by the Recreation Commission may only be made upon the adoption of a resolution by the Mayor and Council approving a resolution previously adopted by the Recreation Commission specifically setting forth the purpose of such expenditure and the amount to be expended.

§ 51A-7 Violations and penalties.

A violation of this chapter and the rules, regulations and/or bylaws adopted pursuant hereto shall be punished by a fine of not less than $25 and not to exceed $200.

§ 51A-8 Repealer; when effective.

All ordinances or parts of ordinances inconsistent herewith are hereby repealed, and this chapter shall take effect immediately upon final passage and publication as required by law.

§ 51A-9 Severability.

If any part of this chapter shall be deemed invalid, such part shall be deemed severable, and the invalidity thereof shall not affect the remaining parts of this chapter.