[HISTORY: Adopted by the Mayor and Council
of the Borough of Madison 12-13-1971 by Ord. No. 28-71 (Art. 54 of the 1970
Revised Ordinances). Amendments noted where applicable.]
This chapter is enacted to establish rules and
regulations for the protection, care and control of the public parks
and playgrounds in the Borough and to regulate the conduct of persons
on or within such parks and playgrounds or using the facilities thereof.
As used in this chapter, the following terms
shall have the meanings indicated:
PARK
Includes all public parks, playground facilities and other
recreational areas in the Borough of Madison.
A. No person shall injure, deface, displace, remove,
alter, disturb, tamper with, damage or destroy any trees, shrubs,
soil, grass, plant life or any structure, building, post, playground
equipment, water fountain, railing, fence, bench, seat, table, platform,
walkway, telephone or electric pole, wires, pipes or appurtenances
or any other park or recreational equipment or facility, or any hydrant,
water, storm or sewer drain, pipe, main, basin covering, manhole or
any appendage or appurtenance thereof, or any sign, inscription, post
or monument erected or marked for any lawful purpose; or injure or
in any way interfere with the operation of any machinery or equipment
used under the direction of the Borough or any of its departments,
agencies or officials; or deface, destroy, alter, damage or tamper
with any drive, path, walk, bridge, parking area or shelter; or take
up, remove or carry away any asphalt, concrete, stone, rock, wood,
gravel, clay or earth or make any excavation of any kind.
B. No person over the age of six years shall use the
rest rooms and washrooms designated for the use by the opposite sex.
Every person using the rest rooms and washrooms shall cooperate to
maintain them in a neat and sanitary condition.
C. No person shall construct or erect any building or
structure of whatever kind, whether permanent or temporary in nature,
or run or string any public service utility lines into, upon or across
any such lands, except upon written authorization of the Borough Council.
D. No person shall pick or remove the flowers, leaves
or seeds of any plant or tree; nor shall any person attach any rope,
wire or other contrivance to any tree or plant or park facility; nor
shall any person in any other manner injure or impair the natural
beauty or usefulness of any area.
E. No person shall climb any tree or walk, stand or sit
upon monuments, statues, water fountains, railings or fences or upon
any other property not designated or customarily used for such purposes.
F. No person shall tie or hitch any animal to any tree,
plant, fence post or any other property in any area.
G. No person shall hunt, molest, kill, frighten, trap,
chase, tease, shoot or throw missiles at any animal, reptile or bird;
nor shall he remove or molest the eggs or young of any animal, reptile
or bird.
No person shall bring into, sell, buy, expose
for sale, consume, use or give away any alcoholic beverage in any
park.
No person shall bring into, sell, buy, expose
for sale, use or give away any narcotic drug or any other drug prohibited
by law.
No person shall kindle, build or maintain a
fire within any park except in such areas as may be designated for
that purpose. Only charcoal shall be used for cooking fires. No fire
shall be left unattended and any fire shall be put out immediately
after use.
No person shall take into, carry through, leave
in or throw, cast, lay, drop or discharge into or upon, or suffer
or permit any agent, employee or person in his or her charge to take
into, carry through, leave in or throw, cast, lay, drop or discharge
into or upon any park any ashes, cinders, paper, dirt, sand, oil,
stone, brush, stumps or any other material, objects or rubbish of
any kind, or sick, diseased or dead animals, organic refuse or other
offensive matter, including, without limitation, swill, brine, urine,
offal, fecal matter, garbage or rubbish. All rubbish, trash and garbage
shall be placed in containers provided for that purpose.
No domestic animal shall be allowed to run at
large on or within any park. Any person who takes a dog into any park
shall comply with the provisions of Ch. 89, Dogs, of this Code, providing
for the regulation of dogs in the Borough of Madison.
No person shall, in any park, play, engage or
take part in any game or competitive sport for money or other valuable
thing. This section shall not prohibit the awarding of prizes for
performances in athletic contests or similar activities.
No person shall participate in acts of gambling
or wagering in any park.
No person shall bring into any park or use in
any park any rifle, shotgun, hand gun, air gun, knife, slingshot or
other similar weapon or instrument.
No person shall take part in or abet the playing
of archery or golf, except while under the supervision of qualified
instructors approved by the Recreation Department.
The playing of rough or comparatively dangerous
games, such as football, baseball and soccer, is prohibited, except
on the fields and in the specific locations provided therefor.
No person shall have in his possession, set
off or otherwise cause to explode or discharge any firecracker, torpedo,
rocket or other fireworks or explosions of flammable materials.
No person shall appear at any park in other
than proper clothing, with the exception of the restricted bathing
areas. "Properly clothed" shall be construed to prohibit the wearing
of trunks or clothing that does not cover both the upper and lower
portions of the body.
No person shall throw or propel any stone, stick,
glass, metal or other hard or offensive object or substance in any
park.
No person shall expose or offer for sale any
article or thing, nor shall he station or place any stand, cart or
vehicle for the transportation, sale or display of any such article
or thing. Exception is hereby made as to any regularly licensed concessionaire
acting by and under the authority and regulation of the Recreation
Department.
A. Except for unusual and unforeseen emergencies, parks
shall be open to the public every day of the year during designated
hours. The opening and closing hours for each individual park shall
be posted therein for public information and shall be determined,
from time to time, by resolution of the Borough Council. If no opening
or closing hours are established and posted as herein provided, the
parks shall be open from sunrise to sunset.
B. Any part or the whole of any park may be declared
closed to the public by the Recreation Department or the Borough Council
at any time and for any interval of time, as it shall find reasonably
necessary.
No person shall conduct himself in a disorderly
or indecent manner, commit any indecent act or use profane, indecent
or obscene language in any public park. No person shall unreasonably
interfere with or disturb any other person in the use of any park.
No person shall interfere with or fail to obey
any police officer or parks and playground personnel in the proper
performance of their duties in any park.
No person shall park a vehicle in other than
an established or designated parking area. Such use shall be in accordance
with any posted directions and the directions of any attendant who
may be present. In addition, no person shall leave a vehicle unattended
or parked at night, between the hours of 9:00 p.m. and 7:00 a.m. anywhere
in any park.
No person shall swim, fish, bathe or wade in
any waters or waterways in or adjacent to any park, except in such
waters or waterways provided for that purpose, if any.
No person shall cast, lay, drop or discharge
into or leave in the waters or waterways of any park any substance,
matter or thing, liquid or solid.
No person shall be permitted to ride a bicycle
on other than a paved vehicular road or path designated for that purpose
in any park. A bicyclist shall be permitted to wheel or push a bicycle
by hand over any grassy area or wooded trail or on any paved area
reserved for pedestrian use.
No animals or wild life shall be brought into any park, except domestic pets subject to the limitations referred to in §
136-8 hereof. Without limitation of the foregoing, no person shall ride or drive in or bring any horse into any park.
No person shall use roller skates in any park,
except at such times and upon such places as may be provided for that
purpose.
No person shall drive, operate, use or bring
into any park any motorbike, minibike, motorcycle or any other motor
vehicle, except for duly licensed vehicles and then only in areas,
if any, designated for the parking or operation of such vehicles.
No persons shall coast with hand sleds, wagons
or other vehicles on wheels or runners in any park, except at such
places as may be provided for that purpose.
No person shall solicit alms or contributions
for any purpose in any park.
No person shall post, exhibit or otherwise display any sign, poster or other advertising material in any park, except where authorized in connection with the issuance of permits for special events under §
136-32. This section shall not apply to bulletin boards erected
or maintained by the Borough or any of its departments or agencies.
No person shall drop, throw or otherwise scatter
lighted matches, burning cigarettes or cigars, tobacco paper or other
flammable material within any park or on any highway, road or street
abutting or contiguous thereto.
[Amended 7-8-1996 by Ord. No. 14-96; 7-14-2008 by Ord. No.
52-2008]
A. A "special event" is any event which is conducted
sponsored or permitted by an individual or an organized group of persons
and which involves any advance publicity or advertising by or from
said group.
B. Permits for parades or special events on municipal
property shall be obtained by application, in writing, to the Borough
Clerk, in accordance with the following procedures:
(1) The person or group of persons seeking issuance of
such permit shall file an application, in writing, signed by the applicant
and all sponsors, with the Borough Clerk of the Borough of Madison,
at least 60 days before the special event, stating:
(a)
The name and address of the applicant.
(b)
The name and address of the person, persons,
corporation or association sponsoring the activity, if any.
(c)
The day and the hours for which the permit is
desired.
(d)
The property and portion thereof for which such
permit is desired.
(e)
A reliable estimate of the anticipated attendance.
(f)
The type and nature of activity for which such
permit is desired.
(g)
The anticipated age group of the expected participants.
(h)
The names and addresses of the adult persons
who would supervise and be responsible for the proposed activity.
The ratio of adults shall be sufficient to properly supervise the
anticipated participants.
(i)
Such other information as may be reasonably
required.
(j)
Insurance certificate naming the Borough of
Madison as additional insured as to the special event for bodily injury
to any one person in the amount of $1,000,000 and any occurrence in
the aggregate amount of $3,000,000 and for property damage for each
occurrence in the aggregate amount of $5,000,000.
(k)
An agreement, in writing, in a form approved
by the Borough Attorney, whereby the applicant agrees to indemnify
and save harmless the Borough of Madison, its officers, employees
and agents, from any and all liability, expense, claim or damages
resulting from the use of public lands.
(l)
A contractual agreement with the Madison Police
Department for paid police coverage during the time indicated in the
permit.
(m)
Proof of service of written notification of
proposed dates and lands to be used for event activities to any and
all tenants and property owners who will be directly affected by the
event and its site location, such notification to take place at least
three business days prior to the requested event date, with proofs
submitted to the Borough Clerk prior to issuance of the permit.
(n)
A written approval from the Madison Police Department
authorizing issuance of the permit and providing any traffic control
requirements and public safety conditions.
(o)
Event fees made payable to "Borough of Madison"
commercial applicants: $100 application fee; nonprofit applicants:
$25 application fee; the posting of a cash bond of $500 or maintenance
bond of $1,000 running in favor of the Borough and protecting and
insuring that the location utilized will be left after the event in
a satisfactory condition, free of debris, rubbish and equipment, and
that due observance of all Borough ordinances, rules and regulations
will be followed; within two business days of the completion of the
event, the Borough will return the bond if there has been no damage
to public property or public expense caused by the event; bona fide
educational institution for noncommercial use: fees waived.
(p)
If any services are required by employees from
Borough Departments, the cost of such employees is to be borne by
the applicant as a cost of the event. The hourly rate for outside
duty will be provided upon request by the Borough Administrator and
will be billed to applicant.
(2) A permit shall be issued by the Borough Clerk in consultation
with the appropriate department head and Business Administrator and
approval by the governing body upon the recommendation of the Business
Administrator, provided that a permit for use of the Hartley Dodge
Memorial may only be issued upon approval of the governing body, and
for all permits on all properties after making the following findings:
[Amended 5-23-2011 by Ord. No. 18-2011]
(a) That the proposed activity or use of the municipal property will
not unreasonably interfere with or detract from the general public
enjoyment of the subject property.
(b) That the nature and character of the proposed activity or use of
the property is not reasonably anticipated to incite violence, crime
or disorderly conduct.
(c) That the proposed activity or use of the property will not entail
extraordinary or burdensome expense on the public safety operations
of the Borough.
(d) That the property or facility desired has not been reserved for other
use at the date and hour desired in the application.
(e) That all conditions on the special event permit application as to
insurance, security, indemnification, fees and bonding have been satisfied.
(f) The Borough reserves the right to waive any and all conditions or
to reject the application in their sole discretion.
(g) Cosponsorship of any special event as defined herein shall require
specific prior written approval of the governing body.
(h) Such other reasonable conditions as may be required by the municipality.
(i) The requirements for obtaining a permit under this chapter shall
not relieve any person or group of persons from obtaining such further
permits or approvals as may be required now or in the future by reason
of any state or federal law.
C. The Borough Council may delegate its authority for
the enforcement of this permit and the conditions relating thereto
to the Chief of Police or any other responsible official. A violation
of any condition of the permit shall be cause for immediate revocation
of the permit by the Borough Council or by its duly authorized agent.
D. For the Madison Community Arts Center, a permit shall be issued by
the Director of Business Development in consultation with the appropriate
department head and Business Administrator for use of the Madison
Community Arts Center.
[Added 10-10-2018 by Ord.
No. 47-2018]
(1) See application for rate schedule.
(2) $250 fee for use of the exterior space. Intent must be noted at time
of application.
(3) $150 fee for service/consumption of alcoholic beverages, and proof
of insurance specifically covering the consumption of alcoholic beverages
is required.
A. A permit shall be required for the use of shelter
areas for any proper purpose.
(1) Such permit shall be issued, by the Chief of Police
or Acting Chief of Police or, in their absence, a Captain of Police,
to any responsible group of persons, at least two of whom shall be
adults over 21 years of age, upon receipt of a written request therefor,
including an acknowledgment of responsibility in a form prescribed
by the Borough Council and a deposit of $15 for keys.
(2) Shelter areas shall be available during park hours
as herein prescribed.
(3) The Chief of Police may withhold permits if, in his
discretion, he finds that:
(a)
The proposed use of the shelter is reasonably
anticipated to incite violence, crime or disorderly conduct.
(b)
The proposed use will unreasonably interfere
with or detract from the general public enjoyment of the park.
(c)
The proposed use will entail extraordinary or
burdensome expense of police operation by the Borough.
(d)
The shelter area desired has been reserved for
other use at the date and hour requested.
B. Issuance of permit; appeals.
(1) Within five days after receipt of a written application for the permit provided for herein, the Chief of Police, or the issuing officer, shall apprise the applicant, in writing, of his reasons for refusing a permit, and any aggrieved person or group of persons shall have the right to appeal, in writing, within 10 days to the Borough Council, which shall consider the application under the standards and procedures set forth in §
136-32B and sustain or overrule the decision of the Chief of Police within 10 days from the date of the filing of the appeal with the Borough Clerk.
(2) If the decision of the Chief of Police is sustained
on appeal, the reasons for the refusal of the permit shall be set
forth in writing. If the decision of the Chief of Police is overruled
and a permit granted, the Council may attach reasonable conditions
to the issuance of such a permit, consistent with this chapter.
C. The Council may delegate its authority for the enforcement
of this permit and the conditions relating thereto to the Chief of
Police or any other responsible official. A violation of any condition
of the permit shall be cause for immediate revocation of the permit
by the Borough Council or by its duly authorized agent.
D. The requirements for obtaining a permit under this
chapter shall not relieve any person or group of persons from obtaining
such further permits or approvals as may be required now or in the
future by reason of any state or federal law.
The person or persons to whom a permit is issued
under this chapter shall be liable for any loss, damage or injury
sustained by any person whatever by reason of the negligence of the
person or persons to whom such permit shall have been issued.
[Amended 8-14-2000 by Ord. No. 35-2000; 5-8-2006 by Ord. No. 19-2006]
Any person, firm, corporation or other organization
found guilty of violating any provision of this chapter shall, upon
conviction thereof, be punishable by one or more of the following
in the discretion of the Judge: a fine of not to exceed $2,000; or
by imprisonment for a term not exceeding 90 days; or by a period of
community service not exceeding 90 days. In the event that a fine
is imposed, pursuant to this section, such fine shall be no less than
$100.
[Added 11-12-1984 by Ord. No. 42-84]
A. All groups or organizations using the Memorial Park
soccer field, excluding Borough recreation programs, shall pay a use
fee as follows:
[Amended 8-11-2003 by Ord. No. 37-2003]
(1) Madison groups or organization.
(a)
Use of field with no lights: $25 per use.
(b)
Use of field with lights: $50 per use.
(2) Non-Madison groups or organizations.
(a)
Use of field with no lights: $40 per use.
(b)
Use of field with lights: $75 per use.
B. All groups or organizations using the skating area
or baseball fields at Memorial Park or using other Borough playing
fields, excluding Borough recreation programs, shall pay a use fee
as follows:
[Amended 8-11-2003 by Ord. No. 37-2003]
(1) Madison groups or organizations.
(a)
Use of field with no lights: $15.
(b)
Use of field with lights: $35 per use.
(2) Non-Madison groups or organizations.
(a)
Use of field with no lights: $35 per use.
(b)
Use of field with lights: $50 per use.
C. Use of Dodge Field.
[Added 10-14-1986 by Ord. No. 41-86]
(1) Madison groups or organizations.
(a)
Use of field with no lights: $25 per use.
(b)
Use of field with lights: $50 per use.
(2) Non-Madison groups or organizations.
(a)
Use of field with no lights: $50 per use.
(b)
Use of field with lights: $100 per use.
D. There shall be a $25 user fee per player per season for the use of
the Madison Recreation Complex Fields 1 and 2 ("turf fields") by the
following recreation and/or travel sports programs, which are recognized
by the Borough Recreation Department: boys and girls soccer, boys
and girls lacrosse, girls field hockey, girls softball, boys football,
boys Little League Baseball, and any other sports that use fields
for scheduled practices or games as determined by the Recreation Director.
[Added 11-13-2013 by Ord.
No. 45-2013; amended 12-9-2019 by Ord. No. 53-2019]
E. There shall be a user fee of $40 per player per sport for any nonresident
participant in any Borough recreation program that uses Borough fields;
however, the Administrator, with the advice of the Recreation Director,
may reduce this rate to $25 per player per sport, provided the nonresident's
municipality offers field space or other meaningful enhancement to
the Borough recreation program.
[Added 11-13-2013 by Ord.
No. 45-2013; amended 12-9-2019 by Ord. No. 53-2019]
F. The fees
established by this section shall be collected in accordance with
policies established by the Recreation Director and the Recreation
Advisory Committee and shall be used for the debt service, operation
and maintenance of the turf fields at the Madison Recreation Complex.
[Added 11-13-2013 by Ord.
No. 45-2013]
[Added 11-13-2013 by Ord.
No. 45-2013]
A. Field rental permits for the use of any Borough field, except for any use thereof authorized pursuant to §§
136-32 and
136-33, shall be obtained by application, in writing, to the Borough Clerk, in accordance with the procedures established by the Borough Administrator, Recreation Director and the Borough Attorney. All applications shall include:
(1) An
insurance certificate naming the Borough of Madison as additional
insured as to the field rental for bodily injury to any one person
in the amount of $1,000,000 and any occurrence in the aggregate amount
of $3,000,000 and for property damage for each occurrence in the aggregate
amount of $5,000,000.
(2) An
agreement, in writing, in a form approved by the Borough Attorney,
whereby the applicant agrees to indemnify and save harmless the Borough
of Madison, its officers, employees and agents, from any and all liability,
expense, claim or damages resulting from the use of public lands.
(3) If
the applicant is a sports camp or substantially similar program, a
pre-approved waiver executed by each participant and/or his or her
guardian, expressly agreeing to indemnify and save harmless the Borough
of Madison, its officers, employees and agents from any and all liability,
expense, claim or damages resulting from the use of public lands and
participation in the sports camp or substantially similar program.
(4) If
any services are required by employees from Borough departments, the
cost of such employees is to be borne by the applicant as a cost of
the field rental. The hourly rate for outside duty will be provided
upon request by the Borough Administrator and will be billed to the
applicant.
(5) The
posting of either a cash bond in the amount of $300 or in an amount
equal to 1/2 the agreed-upon rental fee, whichever is greater, running
in favor of the Borough, or a check made payable to the Borough of
Madison in an amount of $300 or 1/2 the agreed-upon rental fee, whichever
is higher. These fees shall be used to protect and insure that the
location utilized will be left after the event in a satisfactory condition,
free of debris, rubbish and equipment, and that due observance of
all Borough ordinances, rules and regulations will be followed. Within
30 days of the end of the rental period, the Borough will return the
bond and/or money if there has been no damage to public property or
public expense caused by the field rental. The applicant shall reimburse
the Borough for any damage and the cost of repairs to the rented property.
B. Field
rental permits shall be issued by the Borough Clerk or his/her designee
in consultation with the Recreation Department and Business Administrator
after making the following findings:
(1) That
the nature and character of the proposed activity or use of the field
is not reasonably anticipated to incite violence, crime or disorderly
conduct.
(2) That
the proposed activity or use of the field will not entail extraordinary
or burdensome expense on the public safety operations of the Borough.
(3) That
the field desired has not been reserved for other use at the dates
and hours desired in the application.
(4) That
all conditions of the field rental application, including, but not
limited to, insurance, indemnification, and fees and have been satisfied.
(5) The
Borough reserves the right to waive any and all conditions or to reject
the application in its sole discretion.
(6) Such
other reasonable conditions as may be required by the Borough.
(7) The
requirements for obtaining a permit under this chapter shall not relieve
any person or group of persons from obtaining such further permits
or approvals as may be required now or in the future by reason of
any state or federal law.
C. No applicant
shall be denied a field rental permit on account of his or her sex,
affectional or sexual orientation, race, color, religion, national
origin, age, disability, ancestry, or atypical hereditary cellular
or blood trait.
D. Denial
of permit; appeals.
(1) Within five days after receipt of a written application for the permit provided for herein, the Borough Clerk, or the issuing officer, shall apprise the applicant, in writing, of his/her reasons for refusing a permit, and any aggrieved person or group of persons shall have the right to appeal, in writing, within 10 days to the Borough Administrator, who shall consider the application under the standards and procedures set forth in §
136-37B and sustain or overrule the decision of the Borough Clerk within 10 days from the date of the filing of the appeal with the Borough Clerk.
(2) If
the decision of the Borough Clerk is sustained on appeal, the reasons
for the refusal of the permit shall be set forth in writing. If the
decision of the Borough Clerk is overruled and a permit granted, the
Administrator may attach reasonable conditions to the issuance of
such a permit, consistent with this chapter.
E. Field
rental fees shall be determined by the Recreation Director in consultation
with the Borough Administrator. All field rental fees will be reasonable,
and any fees collected for the use of the turf fields shall be used
for the debt service, operation and maintenance of the turf fields
at the Madison Recreation Complex. If the applicant is a sports camp
or other public program, Borough residents shall be entitled to:
(1) First
priority to sign up for the program; and
(2) A
discount of 10% for the program fee.
F. Additional
field rental rules and regulations, including but not limited to refunds,
revocation of permits, discipline, rain dates and maintenance, shall
be established by the Borough Administrator and the Recreation Director
with advice and input from the Recreation Advisory Committee. The
rules and regulations will be published.
G. The Recreation
Director, in consultation with the Borough Administrator and Recreation
Advisory Committee, shall manage the schedule for the rentals of Borough
fields.
H. The enforcement
of this permit and the conditions relating thereto is the responsibility
of the Recreation Director or any other responsible official. A violation
of any condition of the permit shall be cause for immediate revocation
of the permit by the Borough Council.
I. The requirements
for obtaining a permit under this chapter shall not relieve any person
or group of persons from obtaining such further permits or approvals
as may be required now or in the future by reason of any state or
federal law.
J. The applicant
shall return the rented property in a satisfactory condition, free
of debris, rubbish and equipment, and shall observe all Borough ordinances,
rules and regulations.
K. The Borough
reserves the right to establish additional policies and procedures
as it determines in its absolute discretion, and the Borough may revoke
any permit issued for any reason whatsoever, at any time, by reimbursing
the applicant the field rental fee and any other deposit.
[Added 12-19-2019 by Ord.
No. 60-2019]
A. Establishment. The Madison Parks Advisory Committee is hereby established
to be known as "the Parks Advisory Committee of the Borough of Madison"
(hereafter referred to as "the Committee"). The Committee shall consist
of nine members.
B. Purpose and responsibilities.
(1) To make recommendations to the Mayor and Council regarding the operations
of the Madison parks and any future activities of the Committee.
(2) The Committee will provide education and outreach on parks to the
community, all Borough Committees, Boards and Commissions, and the
Mayor and Council.
(3) The Committee will seek grants to achieve these goals.
(4) The Committee will submit a report to the Mayor and Council at the
end of each calendar year, concerning ongoing activities and grants.
In addition, the Committee shall regularly circulate to the Mayor
and Council copies of its meeting minutes. All records, reports and
data shall be available to the Council for inspection at any time.
(5) The Committee will hold a minimum of four public meetings annually
which shall be open to the public pursuant to the Open Public Meetings
Act and shall take place at the Hartley Dodge Memorial, unless
otherwise noted.
C. Membership.
(1) Membership shall consist of nine members. All members of the Committee
shall serve without compensation. The Committee shall be comprised
of the following persons, appointed by the Mayor with the advice and
consent of Council:
(a)
One liaison member of the Council (ex officio).
(b)
Nine regular members, who are residents of the Borough.
(2) The Committee shall have the right to appoint nonvoting advisory
members with special abilities and expertise beneficial to the Committee's
objectives.
D. Voting powers, quorum and limitation of powers.
(1) A majority of the voting members of the Committee shall constitute
a quorum.
(2) The Committee is specifically prohibited from exercising any power
of condemnation or eminent domain, from pledging the credit of the
municipality and from creating any debt against the municipality.
E. Borough departmental assistance.
(1) General. Subject to limitations as may hereinafter be determined
by the Mayor and Council, in so far as may be practicable, the employees
and professional staff of the Borough of Madison, including the Borough
Attorney, shall be available to assist the Committee in the performance
of its duties.
(2) Procedure. All requests for employee or professional staff assistance
shall be made through the Borough Administrator. Any project that
requires substantial assistance from the Borough staff and professionals
shall be reviewed by the full Committee and said assistance shall
be approved by the Council prior to commencement of the project.
F. Terms of office.
(1) The Council liaison shall serve annually.
(2) The nine resident members shall serve for a term of three years (staggered
terms). The terms of office shall commence upon the day of each member's
appointment, unless otherwise specified at the time of appointment,
and be for the initial respective periods of one, two, and three years
(three members shall initially be appointed for one year, three members
shall initially be appointed for two years and three members for three
years). The term of each appointee shall be designated in his or her
appointment. All subsequent appointments, except to fill vacancies,
shall be for the full three-year term, to take effect on January 1
next succeeding such appointment.
(3) The Mayor shall, initially, designate one of the members as Chairperson,
and the Committee shall select a Secretary to record minutes. Thereafter,
in subsequent years, the Committee shall annually select a Chairperson
and Secretary. The Chairperson shall call the initial meeting of the
Committee within 30 days of the adoption of this chapter. Thereafter,
the Committee shall establish its meeting schedule, which shall be
duly published.
G. Vacancies. Any vacancy occurring by reason of the death, resignation
or removal of any member shall be filled for the unexpired term by
the Mayor with advice and consent of the Council. In the event that
the Mayor fails to make a nomination at least 15 days prior to the
date of the second regular public meeting of the Council after a position
becomes vacant or the Borough Council fails to confirm a nomination,
then the appointment shall be made by the Borough Council by the vote
of a majority of the members present at the meeting, provided that
at least three affirmative votes shall be required, with the Mayor
to have no vote thereon except in the case of a tie.
H. Reporting responsibilities.
(1) A parks management plan shall be created and updated every five years,
in order to plan routine maintenance and phase in special projects.
(2) The Committee shall submit an annual report to Mayor and Council.
I. Conflict of interest.
(1) Disclosure of interest. No Committee member shall have or shall acquire
any interest, direct or indirect, personal or financial, in any project
which the Committee is promoting or in any contract or proposed contract
for materials or services or in any lease, mortgage, sale or contract
of any nature whatsoever relating to any such project or to the Committee
without forthwith making written disclosure to the Committee of the
nature and extent of the interest. Such disclosure shall be entered
in writing upon the minutes of the Committee.
(2) Voting. No Committee member having an interest as described herein
shall vote on matters directly relating to such interest.