[HISTORY: Adopted by the Mayor and Council of the Borough of Buena 11-26-1984 by Ord. No. 301. Amendments noted where applicable.]
Parks and recreation — See Ch. 173.
[Amended 4-28-1986 by Ord. No. 316]
Pursuant to Chapter 12 of Title 40 of the Revised Statutes of the State of New Jersey (N.J.S.A. 40:12-1 et seq.), there is hereby established and created in the Borough of Buena a Board of Recreation Commissioners, which shall consist of from three to seven persons, citizens and residents of the Borough of Buena.
[Amended 4-28-1986 by Ord. No. 316]
The Mayor of the Borough of Buena shall appoint the members of the Board of Recreation Commissioners.
The Commissioners 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 in the Borough of Buena. In case of the increase of a Board from three to five members or in case of the increase of the Board from five to seven members, the additional Commissioners shall be appointed, one for four and one for five years, and, in case of the increase of a Board from three to seven members, two of the additional Commissioners shall be appointed for four years, and two shall be appointed for five years. Thereafter, all appointments shall be for the term of three years if the Board consists of three members or five years if the Board consists of five or seven members according to the number appointed to comprise the Board. The term of each member shall be computed from January 1 of each year first appointed, and each member shall serve until his or her successor is duly appointed and has qualified. Thereafter, all appointments shall be for a term of five years, and vacancies shall be filled for the unexpired term only.
The members shall receive no compensation for their services.
[Added 2-19-2002 by Ord. No. 488]
Pursuant to the provisions of N.J.S.A. 40:12.1.1, the position of alternate to the Board of Recreation Commissioners is hereby established. The Mayor may appoint not more than two alternate members, designated at the time of appointment as Alternate No. 1 and Alternate No. 2. The Mayor shall initially appoint Alternate No. 1 for a term of five years and Alternate No. 2 for a term of four years. Thereafter, the appointment for each position shall be a four- or five-year term.
Pursuant to the provisions of N.J.S.A. 40:12-1.1, 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 she or he requests one, be removed by the Council for cause. Alternate members may participate in discussions of the proceedings 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 be accorded preference.
The Board of Recreation Commissioners, with the approval of the Council of the Borough of Buena, may acquire lands for public playgrounds and recreation places, by gift or purchase, and shall from time to time select lands for public playgrounds and recreation places and, when deemed necessary or advisable by such Board, select lands for an approach or approaches by way of ingress thereto and egress therefrom of such size and dimension as the Board thinks suitable, taking into consideration the population of the neighborhood where such lands are located. The Board shall have all the powers which are granted to Boards of Recreation Commissioners with respect to surveys, maps, estimates, acquisition of lands and suitably equipping the same with buildings, stands, seats, structures and apparatus for playgrounds and recreation purposes as provided for in Chapter 12 of Title 40 of the New Jersey Statutes Annotated.
The Board of Recreation Commissioners shall cause any land or premises acquired by it to be titled in the name of the Borough of Buena, and all leases of lands for such purposes shall also be in the name of the Borough of Buena. The Board may cause any lands acquired for the purposes described herein to be laid out and approved as a public playground, recreation place or an approach thereto.
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 outdoor exhibitions, concerts, games and contests and may use and employ such playgrounds or recreation places for such purposes, subject to the restrictions provided in N.J.S.A. 40:12-5. The Board may charge and collect a reasonable admission fee for each person entering such playground or recreation place during the time or times when the same are being used or employed for such purposes, but no admission fee shall be charged or collected from children under the age of 12 years.
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.
The Board shall have full control of all lands, playgrounds and recreation places owned by the Borough of Buena or acquired or leased pursuant to the provisions of Chapter 12 of Title 40 of the New Jersey Statutes Annotated and may adopt 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.
The custodians, supervisors and assistants appointed by the Board shall, while on duty and for the purpose of preserving order in the observance of the rules, regulations and bylaws of the Board, have all of the power and authority of police officers of the Borough of Buena.
The Board may appoint a Recreation Director for a term not to exceed three years, a secretary or clerk and such number of custodians, supervisors and assistants for the playgrounds and recreation places under its control as it shall think necessary and reasonable and shall fix and determine the salaries of each such employee. Any person so appointed by the Board of Recreation Commissioners shall be an employee of the Borough of Buena, and the salary fixed by the Board for each such employee shall be consistent with the budget approved for the Board by the Council of the Borough of Buena.
The Council of the Borough of Buena shall annually fix, determine and appropriate a sum which the Council determines to be sufficient for the care, custody, policing and maintenance of the playgrounds and recreation places maintained and supervised by the Board of Recreation Commissioners and for the expenses of the Board of Commissioners, all of which shall be raised by taxation in the same manner as other taxes. Furthermore, the Council of the Borough of Buena shall provide a suitable office or offices for the Board of Recreation Commissioners.
The money necessary to pay for lands purchased or condemned for playgrounds and recreation places and for providing and equipping the same, from time to time, may be raised and provided by the Council of the Borough of Buena by general taxation, as other taxes are raised and levied, or by the issuance of temporary notes or permanent bonds. All such bonds or other obligations shall be issued and paid in the same manner as provided by the Local Bond Law.
Editor's Note: See N.J.S.A. 40A:2-1 et seq.
All moneys received or raised by the Board of Recreation Commissioners shall be paid over to the Municipal Treasurer and be kept by such officer in a special fund, which shall be under the control of the Board and which shall be used only for the purposes of defraying the expenses of improving, maintaining or policing the playgrounds and recreation places and for the other legitimate expenses of the Board of Recreation Commissioners.