[HISTORY: Adopted by the Council of the Town of Mount Airy 1-7-1980 by Ord. No. 111. Amendments noted where applicable.]
[Amended 8-6-1984 by Ord. No. 137; 4-1-2019 by Ord. No. 2019-2]
There is hereby created a Board of Recreation and Parks of the Town of Mount Airy which shall consist of not fewer than five nor more than nine members, all of whom shall have been legal residents of the Town for a period of one year next preceding their appointment and one of whom shall be a member of the Council of the Town of Mount Airy who shall count toward quorum at Commission meetings and shall vote on Commission decisions in cases of tie votes. All members of the Board, except for the Council member, who shall serve concurrent with his or her term of office, shall be appointed for terms of three years from the first day of January of the year of their appointment or until their successors are appointed; provided, however, that with respect to the members of the Board first appointed, except for the Council member, two shall be designated to serve for terms of three years and two shall be designated to serve for terms of two years, or until their successors are appointed. All appointments, including those required to fill vacancies, shall be made by the Mayor with the approval of the Council. All members of the Board shall serve without compensation except that they may be reimbursed for actual expenses incurred to the extent authorized in the annual budget of the Town.
The Board of Recreation and Parks shall annually select from among its appointed members a Chairman and such additional officers as it may deem advisable. The Board is empowered to adopt all necessary rules and regulations for the conduct of its business and shall hold such meetings, both regular and special, as may from time to time be deemed necessary. The Board's regular place of business shall be the Town Hall of the Town of Mount Airy, but both regular and special meetings of the Board may be held elsewhere at the discretion of the Board. The Mayor shall be entitled to participate in all meetings of the Board but shall have no vote on any matter coming before the Board for decision except in the event of a tie.
The Board is authorized and empowered to consider and determine all questions of general policy relating to public recreation for the Town and shall supervise and direct the expenditure of all appropriations and funds made available to the Board from whatever source.
The Board shall be responsible for the planning and recommendation of recreation and park facilities of sufficient number, size and character to serve the needs of the people of the Town. The Board is further authorized to issue permits for the use of any of the facilities made available to and accepted by the Board for such purposes by the Town or by any person, corporation or agency having jurisdiction over the same and to regulate the use thereof in the best interests of the citizens and residents of the Town. The control of any lands, buildings or other acceptable facilities made available to the Board shall be in accordance with the agreements reached between the Board and the person, corporation or agency having jurisdiction over such properties.
The Board shall act as the coordinating agency for the Town in the use of any state, federal or county funds available for recreation or park facilities or the planning thereof.
To the extent permitted by law, the Board of Recreation and Parks or its authorized designee may deny an application for a permit for the use of Town property if the applicant or the person on whose behalf the application for a permit was made has on a prior occasion or occasions made material misrepresentations regarding the nature or scope of an event or activity previously permitted or has violated the terms of a prior permit or permits issued to or on behalf of the applicant. The Board of Recreation and Parks or its authorized designee may also deny an application for a permit on any of the following grounds:
[Added 6-3-2002 by Ord. No. 2002-5]
The application for a permit (including any required attachments and submissions) is not fully completed and executed.
The applicant has not tendered any required application fee with the application or has not tendered any required user fee, indemnification agreement, insurance certificate or security deposit as may be required within the times prescribed by the Board.
The application for a permit contains a material falsehood or misrepresentation.
There are reasonable grounds to believe that the applicant is not legally competent to contract or be sued.
The applicant or the person on whose behalf the application for permit was made has on a prior occasion or occasions damaged Town property and has not paid in full for such damage, or has other outstanding and unpaid debts or taxes due to the Town.
A fully executed prior application for permit for the same time and place has been received, and a permit has been or will be granted to a prior applicant authorizing uses or activities which do not reasonably permit multiple occupancy or use of the particular park or part hereof.
The use or activity intended by the applicant would conflict with previously planned programs organized and conducted by the Town and previously scheduled for the same time and place.
The proposed use or activity is prohibited by or inconsistent with the classifications and uses of the park or part thereof designated pursuant to this chapter.
The use or activity intended by the applicant would present an unreasonable danger to the health or safety of the applicant or other users of the park or Town employees or the public.
The applicant has not complied or cannot comply with applicable requirements, regulations or ordinances concerning the sale or offering for sale of any goods or services.
The use or activity proposed by the applicant is prohibited by law.
The Board shall submit to the Council of the Town of Mount Airy an annual report of its activities, together with recommendations for further activities and development of a recreation and parks program for the Town.
No expenditures may be made by said Board except to the extent authorized by the annual budget of the Town or as may be otherwise lawfully approved in advance by the Council of the Town of Mount Airy.