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| Home > Statutes > USA New Jersey |
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USA Statutes : new_jersey
Title : TITLE 40 MUNICIPALITIES AND COUNTIES
Chapter : 40:37-11
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40:37-11. Limitation of powers
Except with the consent of the agencies hereinafter named, the powers and duties provided for in this article for a county shade tree commission shall not be valid or operative:
a. Within the limits of any highway, park or parkway now or hereafter under the jurisdiction of a municipal shade tree commission;
b. Within the limits of any county park, for the establishment or maintenance of which there has or shall have been appointed a special park commission;
c. Within the dedicated limits of any State highway with the establishment or maintenance of which the State Highway Commission of New Jersey is charged;
d. Within the limits of any State forest park reservation or State park established by law under the jurisdiction of the Department of Conservation and Economic Development, or of any special park commission of this State, except with the consent of the respective agencies hereinbefore named. The county shade tree commission may co-operate with or contract with any of the agencies hereinbefore named for the establishment or maintenance of ornamental and shade trees or shrubs along any highway or within any forest park reservation or park within the county.
Amended by L.1958, c. 41, p. 134, s. 5, eff. May 20, 1958.
40:37-11.1. Contract with federal agency for occupation and use of property by federal government or agency
Any county park commission may enter into negotiations and may contract with the United States or with any board, body, commission, department or agency thereof for the occupation and use by the United States or by any board, body, commission, department or agency thereof of any real property under the jurisdiction of said county park commission. Such contract shall contain provisions by which the United States agrees (a) that prior to the termination of said use and occupancy of the real property, the United States without expense to the county park commission, shall restore the real property to the condition it was in at the time of the entry of the United States or the board, body, commission, department or agency thereof upon the same, and that upon the termination of said use and occupancy the United States shall turn back said real property to the county park commission in such restored condition; or in lieu of restoring the real property to the condition it was in at the time of said entry the United States upon the termination of said use and occupancy shall pay to the county park commission the sum of money required in the opinion of the duly authorized representatives of both parties to restore said real property to the condition it was in at the time of said entry, and (b) that during said use and occupancy of the real property the United States shall protect all waters therein from pollution and shall maintain in service and protect from damage all cables, conduits, drains, water pipes, and sewers, both sanitary and storm, located on or in said real property. Such contract may contain such additional terms and conditions as shall be approved by the said county park commission.
L.1943, c. 20, p. 52, s. 1. Amended by L.1951, c. 71, p. 459, s. 1, eff. May 15, 1951.
40:37-11.2. Contract with municipality or administrator of Public Housing and Development Authority for use of lands for veterans@ emergency housing
The county park commission in any county may contract with any municipality in such county, or with the Administrator of the Public Housing and Development Authority in the Department of Economic Development of the State of New Jersey or with both such municipality and said Administrator, for the temporary use and occupancy of any lands owned by or under the care, custody and control of such park commission for the purpose of constructing, operating and maintaining emergency housing and other dwelling facilities for veterans of World War II and other persons, upon such terms, subject to such conditions and in such manner as such park commission may deem proper or necessary for the preservation for park purposes of the lands of such county park commission, and as may be agreed upon between the contracting parties.
L.1946, c. 279, p. 958, s. 1. Amended by L.1946, Second Sp.Sess., c. 320, p. 1345, s. 2; L.1947, c. 26, p. 80, s. 1, eff. March 24, 1947.
40:37-11.3. Gifts or trust funds for park purposes; investment
Whenever any county park commission receives any gift of funds for park purposes, or is the recipient of any trust funds for such purposes, the commission may, in its discretion, invest and keep invested the moneys of such funds, so far as the same can be done in securities authorized by law for the investment of trust funds.
L.1973, c. 29, s. 1, eff. Feb. 16, 1973.
40:37-11.4. Capital improvement fund; investment of moneys
Whenever proceeds from the sale of lands, or moneys otherwise received, are required by law to be set aside by a county park commission as a capital improvement fund, the commission may, in its discretion, invest and keep invested the moneys of such funds, so far as the same can be done in securities authorized by law for the investment of trust funds.
L.1973, c. 29, s. 2, eff. Feb. 16, 1973.
40:37-11.5. Indemnification of park police for costs of defense of civil and criminal actions
Whenever a member or officer of a county park police system is a defendant in any action or legal proceeding arising out of or incidental to the performance of his duties, the county park commission shall provide said member or officer with necessary and reasonable means for the defense of such action or proceeding, other than for his defense in a disciplinary proceeding instituted against him by the county park commission or in a criminal proceeding instituted as a result of a complaint on behalf of the park commission. If any such disciplinary or criminal proceeding instituted by or on complaint of the park commission shall be dismissed or finally determined in favor of the member or officer, he shall be reimbursed for the reasonable expense of his defense.
L.1973, c. 353, s. 1, eff. Dec. 28, 1973.
40:37-11.6. Abolition of county park police force
a. When the governing body of a county abolishes a county park commission, the governing body may, in its discretion, abolish any county park police force which had been established by that county park commission. Upon the abolition of a county park police force, the governing body of the county shall authorize the county sheriff to assign and supervise an appropriate number of sheriff@s officers to perform security duties for the county parks, provided that the appropriate number of officers assigned to perform security duties for county parks shall include all of the former county park police officers who were transferred and given appointments as sheriff@s officers pursuant to subsection b. of this section. In assigning the appropriate number of officers to perform security duties in county parks, the sheriff shall determine the appropriate table of organization, the number of officers to be assigned above the number of former county park police officers, the rank of the officers and any other rules and regulations the sheriff shall deem appropriate.
The sheriff shall not assign a county park police officer who was transferred and given an appointment as a sheriff@s officer pursuant to subsection b. of this section to duties other than security duties in county parks without the consent of that officer. Any officer assigned by the sheriff to perform park security duties shall maintain all the powers of a sheriff@s officer as provided by law and, in addition, shall acquire the power to preserve order in the county parks, to secure and enforce the rules and regulations established for the county parks, and to protect life and property in the county parks. A county park police officer who was transferred and given an appointment as a sheriff@s officer shall retain all of the police power and authority that the officer had as a county park police officer prior to the appointment as a sheriff@s officer, including any authority to bear and use a firearm.
b. Notwithstanding any other provision of law to the contrary, when a county park police force is abolished, any county park police officer who was appointed and in service on or before the date on which the force is abolished shall be transferred to the county sheriff@s department and shall receive an immediate appointment as a sheriff@s officer. Such a new sheriff@s officer shall acquire all of the civil service rights and benefits which correspond to his new rank within the sheriff@s department and shall receive the compensation and other monetary benefits corresponding to that rank. A county park police officer who receives an appointment as a sheriff@s officer and who has not yet been certified by the Police Training Commission within the Department of Law and Public Safety as having satisfactorily completed a police training program shall meet all the training requirements for a sheriff@s officer within six months of the date of appointment.
Upon appointment as a sheriff@s officer pursuant to this subsection, a county park police officer with the rank of chief may be demoted no more than one rank. A county park police officer with the rank of captain may be demoted to the rank of lieutenant, an officer with the rank of lieutenant may be demoted to the rank of sergeant, and any other officer shall not be demoted to a rank lower than a sergeant upon appointment as a sheriff@s officer.
c. The provisions of this section shall be controlling over any provision of current law which is inconsistent with the provisions of this section in situations where a county park police force has been abolished and the county sheriff has been authorized to provide security for county parks. It is the purpose of this act that a county park police officer shall be appointed as a sheriff@s officer without any loss of seniority rights, or impairment of tenure or retirement system rights.
d. Upon the enactment of this section into law, a county park police officer with the rank of chief shall be given the option of becoming a sheriff@s officer pursuant to the provisions of this section or of retiring from service. If the chief elects retirement, he shall not be demoted but shall retain the rank of chief and shall be given terminal leave for a period of one month for each five year period of past service as a county park police officer. During the terminal leave, the chief shall continue to receive full compensation and shall be entitled to all benefits, including any increases in compensation or benefits, that he may have been entitled to if he had remained on active duty.
L. 1987, c. 271, s. 1.
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