[Adopted 12-10-1979 by Ord. No. 440 as
Secs. 19-1 to 19-6 of the 1979 Code]
Pursuant to the provisions of Section 18-5 of the Town Charter, there is established a Parks and Recreation Commission consisting of five qualified electors of the Town.
A.
Members shall be appointed by the Town Council in
the month of October for terms of three years, provided that, in 1965,
two members shall be appointed for terms of three years, two members
for terms of two years and one member for a term of one year. Thereafter
all members shall be appointed for terms of three years to succeed
those members whose terms expire.
B.
Any vacancy on the Commission shall be filled in the
same manner, viz., appointed by the Town Council. All members shall
serve until their respective successors have been elected and installed
in office.
C.
The members of the Commission shall receive no compensation
for their services.
There shall be ex officio members of the Parks
and Recreation Commission consisting of a member of the School Committee;
a member of the Town Council; and a member from the Department of
Public Works designated by the Director of the Department of Public
Works.
A.
Forthwith after the appointment of the original Commission
and annually after the expiration of each term and the election of
a new member or members, the Commission shall elect from among its
members a Chairman and a Secretary. The Chairman shall preside at
all meetings of the Commission and the Secretary shall keep the records
of the meetings of the Commission.
B.
The Commission is authorized to adopt bylaws for the
transaction of its affairs and to adopt rules and regulations relating
to its meetings not inconsistent with the laws of the state and with
the provisions of this Code, the Town Charter and other ordinances.
The Parks and Recreation Commission shall have
the power to:
A.
Acquire by gift or with the approval of the Town Council
to lease or purchase and within limits of appropriations and other
available funds to establish, develop, construct, equip, maintain,
control and operate parks, reservations, gardens, memorial sites and
squares, playgrounds, playfields, swimming pools, and all types of
recreational facilities and the appurtenances incidental to their
use and enjoyment by the public.
B.
Make a study and survey on behalf of the Town of lands
that can be used for recreation and conservation purposes as defined
under R.I.G.L.§ 32-4-1 et seq., so that the Town may acquire
lands for such purposes, subject to the conditions and limitations
prescribed by such laws, if possible. Recommendations of the Commission
pertaining to R.I.G.L. § 32-4-1 et seq., shall be submitted
to the Town Council for their approval.
C.
Plan, direct and conduct recreational programs for
all age groups.
D.
Adopt rules and regulations not inconsistent with
the ordinances of the Town governing the use of its grounds and facilities;
provided that no charge shall be made for such use nor any concession
granted to any commercial enterprise therein except when specifically
authorized by this Code or other ordinance.
E.
Accept gifts of money or land when donated for the
purpose of advancing the progress of its program.
F.
From time to time with the consent of the School Committee
use any school buildings, grounds and facilities in connection with
its recreational program; provided that all facilities within school
buildings shall be subject to the supervision of the School Committee.
G.
Have the care, management and control over the use
and operation of all public playgrounds and places used for recreational
activities within the Town and the equipment and facilities thereon
and the conducting and promoting thereon and therewith of play, sport,
physical and industrial education and recreation activities, and managing
and regulating the same.
H.
May use to any extent appropriate or required for
public playgrounds or recreation activities the public parks and parkways,
the swimming pool grounds, buildings and other properties of the Town
adapted or adaptable for public playgrounds or recreational activities;
provided, however, that nothing herein shall authorize any action
by the Town Council or by the Parks and Recreation Commission which
would violate or be inconsistent with the terms and conditions of
any trust or deed or gift under which the same have been or hereafter
may be acquired by the Town.
I.
Prescribe suitable rules and regulations pertaining
to the use of all such playgrounds or places, generally or severally,
under which such play, sport and recreation activities shall be carried
on, and shall cause rules and regulations to be printed and posted
upon the premises at or near the place or places where the same are
carried on. Any person violating any such rule or regulation may be
expelled from such premises for a period not exceeding 30 days, or
may be deprived of any right to engage in the same for a period not
exceeding 30 days, by order of the Parks and Recreation Commission
or any person by them duly authorized.
J.
Have such other powers and duties as may be prescribed
by this Code or other ordinance.
A.
Nothing contained in this article shall be construed
to authorize the Parks and Recreation Commission to hire any land
or pay any consideration for the use of any land permitted to be used
by the Parks and Recreation Commission for any purposes, or to authorize
the Parks and Recreation Commission to exceed the express powers herein
provided and thereby interfere in any way with the general management,
supervision and control of any public parks or parkways.
(1)
The Parks and Recreation Commission may make minor
changes and improvements in or on the grounds of any playgrounds to
better adapt the same for the uses authorized herein, the expense
thereof to be paid from the appropriation for parks and recreation.
(2)
The Commission shall provide all new equipment and
supplies for all playgrounds and places and recreation activities,
used, managed or conducted by it, subject, however, to the jurisdiction
of the Division of Contract and Purchase of the Department of Finance,
and the expense thereof shall be charged to the appropriation for
parks and recreation, unless otherwise expressly provided by ordinance
or resolution of the Town Council.
B.
Nothing contained in this article shall be construed
to take away from the Town Council or Mayor or Department of Public
Works any powers of control or management of any public park or parkways,
except that, with reference to any parts thereof which are used by
the Parks and Recreation Commission for public playgrounds or recreation
facilities, the Commission shall have the unrestricted use of all
equipment and facilities thereof or therefor, and shall exclusively
prescribe the rules and regulations under which such play, sport,
physical education and recreation activities shall be carried on,
but such rules and regulations shall be made subject to all laws of
the state and ordinances of the Town for the protection and preservation
of public parks and parkways and the maintenance of due order therein.
C.
The Parks and Recreation Commission shall have no
authority to spend any money or to contract any indebtedness for or
on account of the Town other than such money as shall be appropriated
and placed at its disposal by the Town Council for the purposes prescribed
by law, this Code or by ordinance of the Town Council.