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Township of South Harrison, NJ
Gloucester County
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Table of Contents
Table of Contents
[Adopted 3-12-2008 by Ord. No. 0-08-03[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I, Board of Park and Recreation Commissioners, adopted 3-30-1977 by Ord. No. 3-1977 as amended.
A.For the purpose of this article, the following words and phrases, unless otherwise indicated, shall be deemed to have the following meanings:
BOARD
The Board of Recreation Commissioners hereby created.
PARK
An area of land, with or without water, developed and used for public recreational purposes, including landscaped tracts; picnic grounds; playgrounds; athletic fields; recreation centers; camps; foot, bicycle and bridle paths; motor vehicle drives; wildlife sanctuaries; museums, zoological and botanical gardens; facilities for bathing, boating, hunting and fishing, as well as other recreational facilities for the use and benefit of the public.
TOWNSHIP
The Township of South Harrison.
A. 
Word usage.
(1) 
May shall be construed to be permissive.
(2) 
Shall shall be construed to be mandatory.
[Amended 5-13-2009 by Ord. No. 0-09-03; 4-14-2010 by Ord. No. 0-10-06]
There is hereby created a Board of Recreation Commissioners pursuant to N.J.S.A. 40:12-1 et seq., consisting of seven members, who shall be appointed by the Mayor. Members of the Board shall be residents of the Township of South Harrison of recognized fitness for such position. A Commissioner shall not receive any compensation for his or her services.
[Amended 5-13-2009 by Ord. No. 0-09-03; 4-14-2010 by Ord. No. 0-10-06]
Pursuant to N.J.S.A. 40:12-1, the Board members first appointed shall be appointed for terms of one, two, three, four, and five years respectively, in such manner that the term of at least one Commissioner and not more than two Commissioners shall expire in each year according to the number appointed as fixed by the Mayor. Thereafter, all appointments shall be for the term of five years for so long as the Board consists of five or seven members according to the number appointed to comprise the Board, and vacancies shall be filled for the unexpired term only. The members shall serve until their respective successors are appointed and shall qualify. No Commissioner shall be permitted to act on a matter in which he or she has either directly or indirectly any personal or financial interest. A Commissioner may, after public hearing, if he or she requests one, be removed by the Township Committee for cause.
[Amended 4-14-2010 by Ord. No. 0-10-06]
An organizational meeting shall be held in January of each calendar year by the members of the Board, during which meeting there shall be elected a Chair, Vice Chair, Recording Secretary and Treasurer. All Commissioners shall have an equal vote.
[Amended 4-14-2010 by Ord. No. 0-10-06]
A. 
In addition to the regular Commissioner members, the Mayor may appoint one or two alternate members to the Board. Alternate members shall be designated at the time of appointment as "Alternate No. 1" and "Alternate No. 2." The length of the terms of the alternate members shall be the same as the length of the terms of the regular members of the Board of Recreation Commissioners. If two alternates are appointed, their terms shall be staggered by the appointment of one of the alternates for an initial term that is a year less than a regular term. A vacancy occurring otherwise than by expiration of the term shall be filled by the Township Committee for the unexpired term only.
B. 
No alternate member shall be permitted to act on any matter in which the alternate has either directly or indirectly any personal or financial interest. An alternate member may, after public hearing if he or she requests one, be removed by the Township Committee for cause.
C. 
Alternate members may participate in discussions of the proceedings of the Board but may not vote, except in the absence or disqualification of a regular member of the Board of Recreation Commissioners. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
The powers and duties of the Chair shall be as follows:
A. 
To preside over all meetings of the Board of Recreation Commissioners.
B. 
To appoint a Vice Chair in the event of the nonavailability of the Chair.
C. 
To certify to the Township Treasurer all expenditures of the Board of Recreation Commissioners.
A. 
The Board shall have the power to:
(1) 
Conduct any form of recreation or cultural activity that will benefit the health, education and general welfare of the residents of the Township, and may plan, promote, manage, and help operate activities within the Township parks and open space areas and at recreation facilities, and may help improve the same in cooperation with the Township and its Public Works Department.
(2) 
Enter into any contract in writing, act independently of or in conjunction with the governments of the United States, the State of New Jersey, any county, city or borough, park district, school district or any other public organization for the purpose of conducting a recreation program or exercising any other power granted by this article.
(3) 
Exercise appropriate discretion regarding the display or presentation of any statuary, monuments or works of art to be displayed within or presented to the Township to ensure that any such display will benefit the health, education and general welfare of the residents of the Township.
B. 
The Board may also solicit or receive any gifts, bequests of money or other real or personal property to be applied for either temporary or permanent operation and maintenance of playgrounds, parks or other recreational purposes.
C. 
Powers of said Board include the authority to grant concessions and privileges upon such conditions and for such compensation as it shall prescribe. Any revenue received shall be used for recreational purposes, provided that no concession or privilege shall ever be granted for the sale of intoxicating liquors, beer and/or wine in any public park and that no concession or privilege shall be granted for a period of more than three years unless approved by ordinance.
D. 
The Board shall have no power to acquire land or property, whether real, personal or mixed, or to accept gifts of real, personal or mixed property, without the approval of the Township Committee, and any property held hereunder shall be in the name of the Township of South Harrison. All acquisition of property shall be held in the name of the Township of South Harrison.
[Amended 4-14-2010 by Ord. No. 0-10-06]
In order to provide the funds, in whole or in part, necessary to improve, maintain and police the playgrounds or recreation places under its control, the Board of Recreation Commissioners may arrange and provide for the giving of expositions, plays, concerts, games and contests, and may use and employ such playgrounds or recreation places for the purpose of giving thereon expositions, plays, concerts, games and contests. The Board may charge and collect a reasonable admission fee for each person entering such playground or recreation place as a spectator during the time or times when the same is being used or employed for such purposes, but shall not use or employ any such playground or recreation place for such purpose for a greater period than a ratio of one hour to every two hours in each day during which the playground or recreation places are utilized, nor more than 16 hours in any one calendar week, and when any such playground or recreation place is used for such purpose, no admission fee shall be charged or collected from children under 12 years of age. The Board of Recreation Commissioners may charge and collect a reasonable service charge from persons using, as participants, special areas and facilities which require special maintenance and the use of which is restricted to relatively few people, in order to assist in the meeting of the operating costs thereof in whole or in part.
Annually the Board shall submit a budget to the Township Committee on or before the second Monday in December for its approval.
[Amended 4-14-2010 by Ord. No. 0-10-06]
A. 
The Board of Recreation Commissioners shall have full control over all parks, playgrounds, recreation facilities and open space areas and may adopt a Board seal, suitable rules, regulations and bylaws for the use thereof, and the conduct of all persons while on or using the same; and any person who shall violate any of such rules, regulations or bylaws shall be deemed and adjudged to be a disorderly person subject to the penalties provided by New Jersey Law and as provided in § 1-14 of this Code.
B. 
Any contractor, vendor, entity or person authorized by the Board to utilize the recreation property and facilities under its control for any of the purposes set forth at § 4-8 hereof or for any other purpose authorized by the Board shall provide, in advance of the authorized use, a certificate of insurance naming the Township of South Harrison, the Board of Recreation Commissioners, their respective officers, agents and employees as additional insureds under a policy of insurance covering claims for public liability, personal injury, death and property damage with limits of insurance not less than $1,000,000 for a combined single limit policy or, in the alternative, coverage for such liabilities for personal injury and death of not less than $1,000,000 for any single incident or occurrence and $500,000 for any single incident or occurrence of property damage. The lessee may satisfy the above insurance requirements with an endorsement to a master policy or by way of umbrella coverage, or any combination of the two methods.
[Amended 5-13-2009 by Ord. No. 0-09-03; 4-14-2010 by Ord. No. 0-10-06]
Regular meetings of the Board of Recreational Commissioners shall be held at the call of the Chair or, in his or her absence or disability, at the call of the Vice Chair; provided, however, that a meeting shall be called upon the written request of at least four members of the Board of Recreation Commissioners. At all meetings a quorum shall consist of four voting members of the Board. No business shall be transacted by the Board unless a quorum consisting of at least four voting members of the Board is present.
[Added 4-14-2010 by Ord. No. 0-10-06]
All monies received by the Board shall be paid over to the Township Treasurer and shall be kept in a special fund, which shall be under the control of the Board and used only for the purpose of defraying the expenses of improving, maintaining or policing the playgrounds and recreation places and for the other expenses of the Board.
[Added 4-14-2010 by Ord. No. 0-10-06]
A. 
The position of any person(s) appointed as a member of the Board of Recreation Commissioners to a specified term by the Mayor of South Harrison Township pursuant to N.J.S.A. 40:12-1 et seq. shall be deemed vacant, pursuant to N.J.S.A. 40A:9-12.1:
(1) 
Upon its being so declared by judicial determination;
(2) 
Upon the filing of his or her written resignation;
(3) 
Upon the refusal of a person(s) designated for appointment to such position to qualify or serve;
(4) 
Upon the determination of the Mayor that his or her appointee shall have become physically or mentally incapable of serving;
(5) 
Upon the death of a Recreation Commissioner;
(6) 
Upon the determination of the Mayor that, in violation of a lawful residency requirement, the Recreation Commissioner appointed by the Mayor no longer resides within the corporate limits of South Harrison Township;
(7) 
Upon the removal of the Recreation Commissioner appointed by the Mayor for cause in accordance with law or for any other reason prescribed by law; and
(8) 
Whenever the appointed Recreation Commissioner, without being excused by a majority of the authorized members of the Board of Recreation Commissioners, fails to attend and participate at meetings of such body for a period of eight consecutive weeks, or for four consecutive regular meetings, whichever shall be of longer duration, at the conclusion of such period, provided that the Board of Recreation Commissioners shall notify the Mayor, in writing of such determination; provided, further, that the Board of Recreation Commissioners may refuse to excuse only with respect to those failures to attend and participate which are not due to legitimate illness; provided, however, that nothing in this subsection shall preclude the Township Committee from adopting by ordinance a policy establishing a lower absentee threshold, provided that the ordinance shall not permit the removal of the Recreation Commissioner if the Recreation Commissioner has been absent for less than six consecutive weeks, or three consecutive meetings, whichever shall be of longer duration, without being excused, within the term of office for the position held by the individual.
B. 
Whenever any of the above shall occur, the Mayor shall forthwith fill the vacancy for the unexpired terms in the manner prescribed by law and this article.