[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.
A.
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.
B.
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.
C.
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.
D.
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]
(1)
The application for a permit (including any required
attachments and submissions) is not fully completed and executed.
(2)
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.
(3)
The application for a permit contains a material falsehood
or misrepresentation.
(4)
There are reasonable grounds to believe that the applicant
is not legally competent to contract or be sued.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
(9)
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.
(10)
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.
(11)
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.
