[HISTORY:[1] Adopted by the Board of Supervisors of the Township of
Middle Smithfield 9-4-2012 by Ord. No. 190. Amendments noted where
applicable.]
[1]
Editor's Note: Former Ch. 139, Parks and Recreation,
adopted 2-14-2008 by Ord. No. 158, was repealed 12-9-2009 by Ord.
No. 170.
This chapter shall be known and may be cited as the "Middle
Smithfield Township Parks and Recreation Board Ordinance" of 2012.
A.
Creation of Township Parks and Recreation Board. There is hereby
created a Parks and Recreation Board for the Township of Middle Smithfield
(hereinafter referred to as the "Parks and Recreation Board"). The
Parks and Recreation Board shall serve the Board of Supervisors as
an advisory board only; the Parks and Recreation Board shall provide
advice and recommendations for consideration by the Board of Supervisors
relating to parks and recreation facilities and organized recreation
programs to enhance the quality of life for the residents of Middle
Smithfield Township. The Parks and Recreation Board shall have no
authority to make any expenditures or incur any expense on behalf
of the Township.
B.
Goals of Township parks. The goals of the Township's parks shall
be (which are not intended to be listed in any order of importance):
(1)
To retain enough open space for citizen use.
(2)
To maintain the beauty and character of the areas.
(3)
To provide safe havens for the Poconos' signature wildlife.
(4)
To provide safe havens for native flora in natural habitat.
(5)
To provide clean park environments.
(6)
To provide well- equipped parks.
(7)
To maintain full functioning park equipment and facilities.
(8)
To assist community groups in recreation activities/events.
(9)
To maintain fiscally sound park operations and management.
(10)
To provide safe, open-space environments for residents.
A.
Members, qualifications and compensation.
(1)
The Parks and Recreation Board shall consist of five members.
(2)
Each member of the Parks and Recreation Board must be a qualified
elector and resident of the Middle Smithfield Township, who shall
be appointed by the Board of Supervisors.
(3)
Members of the Parks and Recreation Board shall receive no compensation
for their services, but be reimbursed by the Township for all expenses
incurred in performing their duties.
(4)
Each member of the Board of Supervisors shall serve as an ex-officio
and nonvoting member of the Parks and Recreation Board and any of
its committees.
B.
Appointments and term lengths. At the time of creation of the Township
Parks and Recreation Board, the Board of Supervisors shall appoint
one of the members for a period of one year, a second member for a
period of two years, a third member for a period of three years, a
fourth member for a period of four years and a fifth member for a
period of five years. At the expiration of any initial member or successive
member term, the successor member shall be appointed for a period
of five years. In no event, shall any term be for more than five years.
C.
Resignation and removal of members. Any member of the Parks and Recreation
Board may be removed by the Board of Supervisors for dereliction or
neglect of duty. At any time, with written notice to the Board of
Supervisors, any Parks and Recreation Board member may voluntarily
resign. The Board of Supervisors shall fill all vacancies, which appointment
shall be for the remainder of the term of the former member whose
office has become vacant.
D.
Meetings and election of officers. At a minimum, the Parks and Recreation
Board shall meet on a quarterly basis each year. The officers of the
Parks and Recreation Board shall consist of a Chairperson, Vice Chairperson
and Secretary, and such other officers as the Parks and Recreation
Board shall deem necessary or useful. All officers shall be members
of the Parks and Recreation Board. The Township Board of Supervisors
shall at its annual reorganization meeting elect the Chairperson of
the Parks and Recreation Board, who shall serve until the Supervisors'
next annual reorganization meeting, or until his or her successor
is elected. All other officers of the Parks and Recreation Board shall
be elected by the Parks and Recreation Board at its first meeting
each year, which shall serve as the Board's annual reorganization
meeting. All such officers shall serve for a period of one year, or
until their successor is elected. In the event of a vacancy in any
of the Board's offices, the members shall meet and elect member(s)
to fill the remaining term of the vacancy, except the Township Supervisors
shall elect the Chairperson if there is a vacancy in that office.
Meetings shall be conducted in accordance with the policies and procedures
as adopted by the Parks and Recreation Board.
E.
Appointment of Board Committees.
(1)
As necessary or convenient, the Parks and Recreation Board may create
and appoint committees, including but not limited to committees to
focus on the concerns of an individual Township park. The Chairperson
of any committee shall be determined by the Board. Any other committee
officers may be determined by the committee members. Committees shall
meet on an as-needed basis, or regularly when event planning. Any
committee recommendations or activities shall be reviewed and approved
by the Board.
(2)
For special projects, as approved by the Board of Supervisors, Parks
and Recreation Board committees may select, by majority vote, community
volunteers, outside of the Parks and Recreation Board, to assist,
as necessary, with the completion of tasks. However, in no event will
any such community volunteer serve as a voting member of the committee.
A.
Chairperson responsibilities. The Chairperson or, in the Chairperson's
absence, the Vice Chairperson, shall preside at all meetings of the
Parks and Recreation Board and decide all points of order and procedure
and perform all other duties required by law and this chapter. The
Chairperson shall serve as the Parks and Recreation Board's liaison
to the Board of Supervisors.
B.
Order of business. The order of business to be implemented and followed
by the Chairperson at all Board meetings shall be as follows, or as
the Board shall determine:
C.
Secretary. The Parks and Recreation Board shall elect a Secretary.
The duties of the Secretary shall include keeping and maintaining
regular meeting minutes, including but not limited to recording the
presence or absence of each member at a Board meeting, recording the
vote of each member (including the abstention or failure to vote)
upon each question of the Board, carrying out all official correspondence
of the Board, and sending out all notices from the Board. The Secretary
shall prepare the proposed agenda for each Board meeting, in conjunction
with the Chairperson, and deliver a copy to members of the Board in
advance of each meeting.
The Parks and Recreation Board shall keep minutes of each its
meetings. The minutes of each meeting shall be forwarded to the Board
of Supervisors.
A.
Additional assistance from the Board of Supervisors. The Board of
Supervisors may provide suitable and convenient meeting space, stationery,
postage, printing and supplies as may be necessary for the work of
the Parks and Recreation Board, as determined by the Board of Supervisors.
B.
Additional assistance for professional services from Board of Supervisors.
The Board of Supervisors shall engage the services of such professionals,
consultants and other experts which are necessary for the work of
the Parks and Recreation Board, as determined by the Board of Supervisors.
C.
Designation of lands. The Board of Supervisors shall be responsible
for any and all master plans to be prepared by a designated surveyor(s),
planner(s), engineer(s), and architect(s). The Board of Supervisors
may, at its discretion, acquire other parks and recreational areas
and facilities. In the event that new recreational areas and facilities
are acquired, the Board of Supervisors will file official land plans
with the Township Secretary. Each official plan will indicate the
lands to be administered by the Parks and Recreation Board.
A.
Compliance with Sunshine Act. All regular and special meetings of
the Parks and Recreation Board shall be scheduled, advertised and
held and conducted in accordance with the requirements, of the provisions
of the Pennsylvania Sunshine Act, 65 Pa.C.S.A. § 701 ("Sunshine
Act"). The schedule of the monthly board meetings shall be advertised
annually by the Township Secretary in accordance with the Sunshine
Act and, until and unless changed by written notice by the Board to
the Township Secretary and in accordance with the public notice requirements
of the Sunshine Act, shall be held on the first Monday of each month
at the Middle Smithfield Township Municipal Building, 147 Municipal
Drive, East Stroudsburg, Pennsylvania 18302, beginning at 6:45 p.m.
At the direction of the Chairperson, or the request of two or more
members of the Board, special meetings shall be scheduled, advertised,
held and conducted in accordance with the foregoing.
B.
Quorum. A majority of the members of the Parks and Recreation Board
then in office shall constitute a quorum of the Board. If less than
a majority is present at any meeting, no official action may be taken
at such meeting. A simple majority vote of those present at a duly
convened meeting shall be sufficient for Board action.
C.
Public participation. The public shall have the right to comment
on matters which are or may come before the Parks and Recreation Board
at public meetings as provided by Section 710.1 of the Sunshine Act.[1] Any request by any person to be placed on the agenda of
any meeting of the Parks and Recreation Board for formal consideration
and action on any matter shall be submitted in writing to the Township
not later than 12:00 noon, seven days prior to the meeting at which
such person desires to be heard. The Parks and Recreation Board shall
not be required to take action on any matter for which a timely request
for agenda consideration and action has not been made. Late requests
shall be rescheduled by the Chairperson for the next regular meeting.
[1]
Editor's Note: See 65 Pa.C.S.A. § 710.1.
D.
Fund-raising. As necessary or convenient, various fund-raising events
for one or more of the Township parks may take place with the approval
of the Board of Supervisors. Funds raised for a specific park or parks
shall be turned over and entrusted to the Township Treasurer for future
use and expenditure at the park or parks for which the fund-raising
event(s) took place. The Parks and Recreation Board shall provide
specific recommendations to the Board of Supervisors for such expenditures
of funds. However, the Board of Supervisors will have final oversight
of all expenditures.
E.
Donations. Any individual, group, or organization wishing to donate
money, tangible or intangible items to a park or parks shall make
such donations to the Board of Supervisors accompanied by a letter
stating and describing the specific donation or donations and the
park or parks for which the items are intended or donated.
Responsibilities: The Parks and Recreation Board is to be an
advisory body to the Board of Supervisors. The Board of Supervisors
will have final oversight of, and responsibility over, the management
and operation of the Parks and Recreation Board. The responsibilities,
more specifically, of the Parks and Recreation Board shall be as follows:
A.
To provide advice and recommendations for consideration by the Board
of Supervisors with respect to capital planning, and capital and general
fund budgeting, for parks and recreation purposes.
B.
To recommend to the Board of Supervisors proposed hours of operation
for parks and recreational facilities and events.
C.
To submit to the Board of Supervisors, by October 1 of each year,
an annual inventory and assessment of the parks conditions, equipment
and sites, including a recommendation regarding the repair and replacement
needs of park and recreation facilities.
D.
To submit an annual report to the Board of Supervisors, including
an analysis of the adequacy and effectiveness of community recreation
areas, facilities and leadership.
E.
To recommend for adoption rules and regulations for the Township
parks and recreational facilities to the Board of Supervisors.
The Middle Smithfield Township Park rules and regulations are
as follows, to wit:
A.
The sports fields are maintained by Middle Smithfield Township for
recreation and the enjoyment of its residents. Use of these fields
must be in accordance with the following rules and regulations. Fees
for use of park facilities may be assessed at certain times by resolution
of the Board of Supervisors.
B.
General park rules and regulations are as follows:
(1)
Parks and recreation areas shall be open during daylight hours only,
unless special arrangements have been established with the Board of
Supervisors.
(2)
Parking is allowed in designated areas only and shall be in compliance
with the Middle Smithfield Township Code; no unlicensed vehicles are
allowed in or on Township park and recreation lands.
(3)
Sports fields must be assigned a group leader when they are used
by a group; assigned groups have priority on sports fields.
(4)
Only one game at a time shall be permitted on the sports fields.
(5)
Sports fields are open to the public when not assigned.
(6)
No vehicles are allowed on sports fields at any time except for mowing
and maintenance.
(7)
Group leaders are personally responsible for the control and behavior
of their respective group(s).
(8)
All groups and individuals shall collect all litter after use of
the field(s).
(9)
All pets are to be kept on a leash at all times unless attending
the designated area in the Judy Putek Memorial Park; pet owners shall
be responsible for cleaning up after their pets.
(10)
No alcoholic beverages are allowed on any Township park or recreation
area.
(11)
No horses are allowed any of the Township park or recreation
areas.
(12)
No snowmobiles, ATVs, three wheelers or motorized recreational
vehicles are allowed in any Township park or recreation area.
(13)
No hunting or target practice is allowed in any Township park
or recreation area.
(14)
No fires, of any kind are allowed in any Township park or recreation
area without special permission of the Board of Supervisors; the exception
shall be for cooking on charcoal or gas grills located in specifically
designated areas.
(15)
Digging or intentionally searching or scavenging for any artifact,
collectible, or other item of value by any means in any Township parks
or recreation area is prohibited. Any artifact, collectible or other
item of value found in any Township park or recreation area shall
not be removed. The Township office shall be notified immediately
of any such finding. Any inquiries regarding lost artifacts, collectibles
or other items of value shall be made to the Township office or to
the Township Parks and Recreation Board.
Use of Township parks, and participation in Township recreation programs shall be considered a privilege and not a right. In addition to any of the penalties set forth in § 139-12 herein, any infraction of the above rules and regulations will be cause for the Township Board of Supervisors to automatically suspend privileges of any offending individual, group or group leader for the entire season.
Rules and regulations adopted by the Board of Supervisors shall
be conspicuously posted on park and recreation property.
Any person, firm or corporation who shall violate any provision of § 139-9 herein, shall, upon conviction thereof in an action brought before the District Justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs. In the event of default of payment of said fine and costs, then said violator shall be sentenced to a term of imprisonment not to exceed 90 days. Each day that a section shall be found to have been violated shall constitute a separate offense.
