[HISTORY: Adopted by the Mayor and Council of the Borough
of Buena 11-26-1984 by Ord. No. 301. Amendments noted where applicable.]
GENERAL REFERENCES
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]
A.
The Mayor of the Borough of Buena shall appoint the members of the
Board of Recreation Commissioners.
B.
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.
C.
The members shall receive no compensation for their services.
D.
Alternate members.
[Added 2-19-2002 by Ord. No. 488]
(1)
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.
(2)
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.
A.
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.
B.
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.[1]
[1]
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.
