[HISTORY: Adopted by the Board of Commissioners of the City of Bordentown 2-24-1997 by Ord. No. 1997-2. Amendments noted where applicable.]
The Parks and Recreation Commission (hereinafter referred to as the "Commission") shall be constituted pursuant to N.J.S.A. 40:61-1 et seq. and shall advise and assist the Board of Commissioners and Clerk of the City of Bordentown. It shall have the power and authority to arrange and provide for the giving of indoor and outdoor exhibitions, concerts, games, contests and sporting events. It shall further have the authority to promulgate rules and regulations. It shall act as an advisory board for all parks, recreational, historical or leased properties owned by the City of Bordentown.
The Parks and Recreation Commission shall consist of a Chairperson, appointed for the term of three years, and one Subchairperson for each of the 12 subcommittees created herein, all to be appointed by the City Commissioners for terms to be determined by the City Commissioners, to commence upon the day of their appointment and for the respective periods of two, three or four years, as determined by the City Commissioners, beginning on January 1st next succeeding such appointment. The term of each appointee shall be designated in his appointment. All subsequent appointments, except to fill vacancies, shall be for terms of three years to take effect on January 1. The Governing Board shall mean the Chairperson and Subcommittee Chairpersons. The 12 subcommittees are listed as follows:
Historic Sites, Monuments and Buildings.
Gilder Athletic Facilities.
Beach and Train Station Area.
Grants and Funding.
Engineering and Design.
Youth and Family Affairs.
Veterans Sites and Monuments.
The Commission shall organize after the appointment of its total membership for the remainder of the then calendar year and thereafter annually. It shall promulgate its own regulations and keep a record of all proceedings. A majority of the members shall be a quorum for the transaction of business. The Commission shall have the functions and powers set forth in N.J.S.A. 40:61-17 and 40:61-19, except where inconsistent with this chapter in which case this chapter controls. The governing board of the Commission shall appoint a secretary for the Parks and Recreation Commission, and each Subcommittee Chairperson shall appoint a Secretary for his or her respective subcommittee to record the minutes of meetings and assist in ministerial and administrative functions, The Chairperson of the Commission shall receive a salary in accordance with the Salary Ordinance, but shall not exceed $500 per year.
Any vacancy occurring by reason of the death, resignation or removal of any Parks and Recreation Commission member shall be filled for the unexpired term by the appointment of the Board of Commissioners.
The Parks and Recreation Commission organized under this chapter shall recommend that the following actions be taken relative to parks, recreational, historical or leased properties owned by the City of Bordentown:
Development, use or acquisition of recreational properties, equipment and facilities by the City of Bordentown shall be with the advice and consent of the governing board of the Parks and Recreation Commission.
Purchase or otherwise acquire or lease, in the city's name, such lands either improved or unimproved, in fee or otherwise, as may be necessary.
Improve or cause the same to be improved.
Lay out or cause to be laid out all necessary paths, tracts and easements.
Improve, maintain and police the same.
Maintain, restore and support historic city properties.
Formation of additional subcommittees, as may be necessary, for the proper administration of the Parks and Recreation Commission, consisting of residents of the City of Bordentown and appointed and approved by the City Commissioners.
Review and recommend to the City Commissioners development, renovation and/or repair of city recreational facilities as designated under the 12 subcommittees.
Actively participate in and, if necessary, supervise work in the areas delineated by the 12 subcommittees, under the direction of the Public Works Manager or the Director of Public Works, Parks and Property.
Prepare financial cost estimates in conjunction with the Public Works Manager.
Act as a liaison for the City Commissioners between Community Education/Recreation and Parks and Recreation Commission and other agencies as necessary.
Investigate potential grant and donation sources for recreation or municipal purposes.
Be willing to work in conjunction with other city employees in the preparation of city facilities for city events covered under the scope of the Recreation and Parks Commission and be available, if necessary, for emergencies that may arise in the city.
Except as hereinafter provided, the cost of all improvements recommended by the Parks and Recreation Commission and approved by the City Commissioners shall be borne by the city, which shall review and approve an annual budget submitted by the Parks and Recreation Commission for such purpose.
No statute giving any person or state, county or municipal board, body or official power or authority to lay any sidewalk along or to open, construct, curb or pave any street or to do any similar act, shall be construed to permit or authorize any interference with or damage to a park or recreational area without the written authorization of the City Commissioners, pursuant to the Parks and Recreation Commission recommendations, in all cases, the Parks and Recreation Commission shall reasonably cooperate with such person, board, body or official for the general public good.
During the month of December in each year, the Parks and Recreation Commission shall submit to the City Commissioners the estimated sum necessary for the proper conduct of the work specified herein for the ensuing fiscal year, which shall include the sums estimated to be expended for the purchase of necessary property, equipment and materials and the cost of services for the prudent promotion of the work. The governing body shall then review and annually appropriate such sum as it may deem necessary for said purposes.
Any person, persons, association, business or corporation that willfully, recklessly or negligently damages or disturbs any park or recreational property or any appurtenances or improvements thereon, in addition to the penalty provisions contained herein, shall be liable for all costs incurred in the restoration and/or reconstruction of said property to its condition prior to said damage, including legal and professional fees.
Any person, persons, association, business or corporation violating this chapter, in addition to being liable for any costs the city may incur in accordance with the provisions herein which may be properly chargeable to that person, shall be fined up to $500 for a first violation, with a fine of up to $1,000 for any second or subsequent violation, and/or up to 90 days' community service and/or 30 days in jail. The Municipal Court of Bordentown City shall have jurisdiction in actions for the violation of such ordinance as the Commission shall enact.
The ordinances shall be enforced by the Police Department, the Chairperson of the Commission, the Public Works Manager or the Director of Public Works, Parks and Property, who shall issue summonses in the form of Parks and Recreation Commission ordinance violations.
A copy of any ordinance of the Parks and Recreation Commission certified to under the hand of the City Clerk shall be received in any court of this state as full and legal proof of the existence of the ordinance and, that all requirements of law in relation to ordaining, publishing and making of the same, so as to make it legal and binding, have been complied with, unless the contrary be shown.
Any public utility or cable television company that affects or comes upon park or recreational property for the purpose of erecting, installing, moving, removing, altering or maintaining any structures or fixtures necessary for the supply of electric light, heat or power, communication or cable television services upon any lands in which it has acquired an easement or right-of-way shall not be subject to any penalty imposed by the Commission pursuant to Subsections A or B of this section. However, this Subsection C shall not exempt any public utility or cable television company from any penalty or replacement assessment imposed for negligent or excessive actions.
Nothing in this chapter contained shall be construed to make the Parks and Recreation Commission, or any member thereof, responsible for the death or injury of any person or for damage to any property.