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40:37-23. Recreation building
The commissioners appointed under section 40:37-21 of this title may construct and maintain in any such park located in any city of the second class a building to be known as a ~recreation building~ , and provide for the care, custody and control thereof and make rules and regulations for the maintenance and operation thereof.
40:37-95.1. Applicable to all counties; inoperative until approved by voters
The provisions of this act shall apply to all counties, but shall remain inoperative in any county until submitted to and approved by the voters thereof in the manner provided in sections twenty-two, twenty-three and twenty-four hereof.
L.1946, c. 276, p. 941, s. 1, eff. May 3, 1946.
40:37-95.2. Park commission
In any county which has adopted or shall adopt the provisions of this act, the board of chosen freeholders shall by resolution passed by the affirmative vote of a majority of the whole board, elect a county park commission consisting of 9 residents of the county, to be known as ~the county park commission~ (inserting name of county).
In any county which has heretofore adopted the provisions of this act the said county park commission shall consist of 9 members instead of 5 members and the 4 additional members shall be appointed by resolution passed by the affirmative vote of a majority of the whole board of chosen freeholders.
L.1946, c. 276, p. 941, s. 2. Amended by L.1955, c. 269, p. 990, s. 1, eff. Jan. 16, 1956.
40:37-95.3. Commissioners; term
The commissioners first elected shall hold office for the term of 1, 2, 3, 4 and 5 years respectively, as indicated and fixed by the board of chosen freeholders. All commissioners thereafter elected shall serve for the term of 5 years and all vacancies shall be filled by the board of chosen freeholders for the unexpired term only. The members of the commission shall serve without compensation but their necessary expenses shall be allowed and paid from funds of the commission by the county treasurer upon warrants signed by the president or vice-president and secretary.
In counties now having a county park commission under the provisions of the act of which this act is amendatory and consisting of 5 members, the additional 4 members to be appointed under this amendatory act shall hold office for the terms of 1, 2, 3 and 4 years, respectively, as indicated and fixed by the board of chosen freeholders, and thereafter all such commissioners shall be appointed for a term of 5 years, and all vacancies shall be filled by the board of chosen freeholders for the unexpired term only. In counties not now having such a county park commission the commissioners first appointed shall hold office, as follows: 2 each for terms of 1, 2, 3 and 4 years and 1 for 5 years, respectively, as indicated and fixed by the board of chosen freeholders, and thereafter all commissioners shall be appointed for terms of 5 years and all vacancies shall be filled by the board of chosen freeholders for the unexpired terms only.
L.1946, c. 276, p. 941, s. 3. Amended by L.1955, c. 269, p. 991, s. 2, eff. Jan. 16, 1956.
40:37-95.4. Officers; appointees; term; compensation
The commission shall annually choose from among its members a president and vice-president, and shall elect a secretary and such other officers and appoint employees as it may deem necessary. It shall also fix and determine the compensation, term of office, duties and powers of its appointees and remove them at pleasure and make all rules and regulations respecting the same. The county treasurer shall be the treasurer of the commission.
L.1946, c. 276, p. 942, s. 4, eff. May 3, 1946.
40:37-95.4a. Counties of second class between 460,000 and 525,000; tenure of employees
Any full-time employee appointed to office, position or employment by a county park commission in any county of the second class having a population of more than 460,000 and less than 525,000 pursuant to the provisions of section 4 of the act to which this act is a supplement (C. 40:37-95.4) shall secure tenure of office after serving three successive 1-year appointments. Such employee shall hold and continue to hold said office, position or employment during good behavior and shall not be removed therefrom except for good cause, upon written charges and after a public, fair and impartial hearing before the commission.
L.1975, c. 121, s. 1, eff. June 5, 1975.
40:37-95.5. Powers of commission; records; meetings
The commission may sue and be sued, use a common seal, make by-laws and carry out the objects of this act as hereinafter set forth. It shall keep a record of its proceedings and shall maintain a suitable office where its maps, plans, papers, documents, accounts and other records shall be kept open to public inspection under reasonable regulation, subject to the limitations of section 16. Five members shall constitute a quorum for the transaction of business at any meeting of the commission, and the affirmative vote of five members shall be necessary for the taking of any action. The meetings of the commission shall be public.
L.1946, c. 276, p. 942, s. 5, eff. May 3, 1946. Amended by L.1971, c. 406, s. 1, eff. Jan. 20, 1972.
40:37-95.6. President; vice-president; secretary; duties; disbursements
The president shall preside at all meetings of the commission, and shall, with the treasurer, sign all checks, drafts, notes, requisitions of funds, contracts and other agreements and obligations of the commission. In the absence or incapacity of the president, the vice-president shall have all the powers and perform all the duties of the president. No disbursements shall be made, except upon the affirmative vote of three members of the commission. All disbursements by the commission shall be by check, signed by both the president and treasurer. In the absence or incapacity of the secretary, and at such other times as the commission may prescribe or approve, some other person shall be designated by the commission to act as such secretary who shall have all the powers and perform all the duties of the secretary.
L.1946, c. 276, p. 942, s. 6, eff. May 3, 1946.
40:37-95.7. Appointments of commission; approval by board of chosen freeholders
All appointments of officers and employees to be made by the park commission except its president, vice-president and secretary shall be made with the approval of the board of chosen freeholders of the county.
L.1946, c. 276, p. 943, s. 7, eff. May 3, 1946.
40:37-95.8. Adverse interest of officer or employee; misdemeanor
It shall be a misdemeanor for any member of the park commission or any officer or employee appointed by it, to be interested directly or indirectly in purchasing any real estate or any right or interest therein, or in furnishing any of the materials, supplies or labor for the erection or construction of any building or improvement contemplated by the provisions of this act or in any contract which the park commission is empowered to make.
L.1946, c. 276, p. 943, s. 8, eff. May 3, 1946.
40:37-95.9. Office; expenditures; limitation; appropriation of moneys from revenue producing facilities
The board of chosen freeholders shall provide the commission with a suitable office and upon the establishment of the commission may make available for expenditures by the commission such sums as the board of chosen freeholders may by a majority vote approve. Except as provided in section 10 of this act, the amount so made available in any calendar year for the expenses of the commission shall not be greater than the excess, if any, of a sum equal to 1 mill on each dollar of the aggregate true or full value of all property in the several taxing districts of the county, as determined by the county board of taxation, over the amount to be paid by the county in such year for debt service on bonds or other obligations for park purposes issued by the county pursuant to said section 10. The board of chosen freeholders shall also have power to appropriate to the use of the commission, in addition to the sums appropriated for expenses as aforesaid, such moneys as may arise from revenue-producing facilities operated by the commission.
L.1946, c. 276, p. 943, s. 9. Amended by L.1949, c. 256, p. 820, s. 1; L.1950, c. 336, p. 1115, s. 1; L.1960, c. 166, p. 706, s. 1, eff. Jan. 3, 1961; L.1971, c. 406, s. 2, eff. Jan. 20, 1972.
40:37-95.10. Moneys required to be raised by taxation; bonds
The commission may draw the moneys provided and made available by the board of chosen freeholders for the purposes of this act on requisition duly signed and approved by its president and secretary. In addition to any other funds or moneys provided for the purposes of this act pursuant to the provisions hereinabove or in section nine contained, the board of chosen freeholders of the county may provide funds for land and improvements by the commission or for the payment of notes previously authorized or issued to provide such funds, by the issuance of bonds or other obligations of the county in pursuance of article one of chapter one of this Title (s. 40:1-1 et seq.), but in no case shall the amount of such bonds or other obligations, both authorized and outstanding at any one time, exceed in the aggregate the sum of one million dollars ($1,000,000.00), plus the amount of any funds on hand applicable to the payment of the principal of such outstanding bonds or other obligations.
L.1946, c. 276, p. 943, s. 10. Amended by L.1949, c. 256, p. 821, s. 2; L.1950, c. 336, p. 1116, s. 2.
40:37-95.10a. Issuance of bonds or other obligations of county pursuant to Local Bond Law; limitation on amount
In any county which has adopted the provisions of the act of which this act is a supplement, the board of chosen freeholders, in addition to any other funds or moneys provided for the purposes of said act, may provide funds for land and improvements by the commission or for the payment of notes previously authorized or issued to provide such funds, by the issuance of bonds or other obligations of the county in pursuance of chapter 2 of Title 40A of the New Jersey Statutes (Local Bond Law) but in no case shall the amount of such bonds or other obligations, both authorized and outstanding at any one time, exceed in the aggregate the sum of $5,000,000.00, plus the amount of any funds on hand applicable to the payment of the principal of such outstanding bonds or other obligations.
L.1966, c. 144, s. 1, eff. June 18, 1966.
40:37-95.10b. Submission of act to voters
The provisions of this act shall remain inoperative in any such county until submitted to and approved by the legal voters of the county as hereinafter provided.
L.1966, c. 144, s. 2, eff. June 18, 1966.
40:37-95.10c. Ballots
Whenever the board of chosen freeholders of the county shall pass a resolution authorizing the submission of the question of the adoption or rejection of this act to the voters of the county, the county clerk shall cause the question to be printed upon the sample and official ballots for the ensuing general election, occurring not less than 40 days after the passage of the resolution, the following:
If you favor the proposition printed below make a cross X, plus + or check / in the square opposite the word ~Yes.~ If you are opposed thereto make a cross X, plus + or check / in the square opposite the word ~No.~
Shall the supplement to ~An act concerning
Yes. county parks, playgrounds, and recreation
places, and supplementing chapter 37 of
Title 40 of the Revised Statutes~
(P.L.1966, c. ), providing for
No. the issuance of park bonds for land and
improvements not exceeding in the aggregate
the sum of $5,000,000.00 be adopted?
In any county in which voting machines are used, the question shall be placed upon the official ballots to be used upon the voting machines without the foregoing instruction to the voters and shall be voted upon by the use of such machines without marking as aforesaid.
L.1966, c. 144, s. 3, eff. June 18, 1966.
40:37-95.10d. Operative upon approval of voters by majority vote
If at such election a majority of all the votes cast both for and against the adoption of such law shall be cast in favor of the adoption thereof, the same shall immediately become operative in the county voting thereon.
L.1966, c. 144, s. 4, eff. June 18, 1966.
40:37-95.10e. Issuance of bonds or other obligations of county pursuant to Local Bond Law; limitation on amount
In any county which has adopted the provisions of the act of which this act is a supplement and in which bonds for county park purposes shall have been authorized and issued pursuant to P.L.1966, chapter 144 (C. 40:37-95.10a to 40:37-95.10d), the board of chosen freeholders, in addition to any other funds or moneys provided for the purposes of said act, may provide additional funds for land and improvements by the commission or for the payment of notes previously authorized or issued to provide such funds, by issuance of additional bonds or other obligations of the county pursuant to the provisions of the Local Bond Law (N.J.S. 40A:2-1 et seq.) but in no case shall the amount of such additional issue or issues of bonds or other obligations, both authorized and outstanding at any one time, exceed in the aggregate the sum of $5,000,000.00, plus the amount of any funds on hand applicable to the payment of the principal of such outstanding bonds or other obligations.
L.1970, c. 148, s. 1, eff. July 22, 1970.
40:37-95.10f. Submission of act to voters
The provisions of this act shall remain inoperative in any such county until submitted to and approved by the legal voters of the county as hereinafter provided.
L.1970, c. 148, s. 2. eff. July 24, 1970.
40:37-95.10g. Ballots
Whenever the board of chosen freeholders of the county shall pass a resolution authorizing the submission of the question of the adoption or rejection of this act to the voters of the county, the county clerk shall cause the question to be printed upon the sample and official ballots for the ensuing general election, occurring not less than 40 days after the passage of the resolution, the following:
If you favor the proposition printed below make a cross X, plus + or check / in the square opposite the word ~Yes.~ If you are opposed thereto make a cross X, plus + or check / in the square opposite the word ~No.~
Shall the supplement to An act concerning county parks, YES playgrounds, and recreation places, and supplementing chap- ter 37 of Title 40 of the Revised Statutes (P.L. 1970, c. ...), providing for the issuance of additional park bonds for land NO and improvements not exceeding in the aggregate the sum of $5,000,000.00 be adopted?
In any county in which voting machines are used, the question shall be placed upon the official ballots to be used upon the voting machines without the foregoing instruction to the voters and shall be voted upon by the use of such machines without marking as aforesaid.
L. 1970, c. 148, s. 3, eff. July 22, 1970.
40:37-95.10h. Operative upon approval of voters by majority vote
If at such election a majority of all the votes cast both for and against the adoption of such law shall be cast in favor of the adoption thereof, the same shall immediately become operative in the county voting thereon.
L.1970, c. 148, s. 4, eff. July 22, 1970.
40:37-95.10i. Bonds or other obligations; issuance; amount
Any county which shall have heretofore adopted or which shall hereafter adopt the provisions of P.L.1970, c. 148 shall be authorized to issue bonds or other obligations for park purposes in the aggregate sum of not exceeding $5,000,000.00 in addition to any amount of bonds or other obligations authorized to be issued by such county for park purposes pursuant to the provisions of any other law, and notwithstanding that such county shall not have previously adopted the provisions of P.L.1966, c. 144.
L.1973, c. 369, s. 1, eff. Jan. 7, 1974.
40:37-95.10j. Additional bonds or obligations; issuance for land, improvements or payment of notes; limitations
In any county which has adopted the provisions of the act of which this act is a supplement and in which bonds for county park purposes shall have been authorized and issued pursuant to P.L.1966, chapter 144 and P.L.1970, chapter 148 (C. 40:37-95.10a to 40:37-95.10h), the governing body, in addition to any other funds or moneys provided for the purposes of said act, may provide additional funds for land and improvements by the commission or for the payment of notes previously authorized or issued to provide such funds, by issuance of additional bonds or other obligations of the county pursuant to the provisions of the Local Bond Law (N.J.S. 40A:2-1 et seq.) but in no case shall the amount of such additional issue or issues of bonds or other obligations, both authorized and outstanding at any one time, exceed in the aggregate the sum of $5,000,000.00 plus the amount of any funds on hand applicable to the payment of the principal of such outstanding bonds or other obligations.
L.1978, c. 121, s. 1, eff. Sept. 25, 1978.
40:37-95.10k. Submission to and approval by voters
The provisions of this act shall remain inoperative in any such county until submitted to and approved by the legal voters of the county as hereinafter provided.
L.1978, c. 121, s. 2, eff. Sept. 25, 1978.
40:37-95.10l Public question; submission to voters
Whenever the governing body of the county shall pass a resolution authorizing the submission of the question of the adoption or rejection of this act to the voters of the county, the county clerk shall cause the question to be printed upon the sample and official ballots for the ensuing general election, occurring not less than 40 days after the passage of the resolution, the following:
If you favor the proposition printed below make a cross X, plus + or check / in the square opposite the word ~Yes.~ If you are opposed thereto make a cross X, plus + or check / in the square opposite the word ~No.~
Shall the supplement to ~An act concerning
Yes. county parks, playgrounds, and recreation places,
and supplementing chapter 37 of Title 40 of the
Revised Statutes~ (P.L.1978, c. ),
No. providing for the issuance of additional
park bonds for land and improvements not
exceeding in the aggregate the sum of
$5,000,000.00 be adopted?
In any county in which voting machines are used, the question shall be placed upon the official ballots to be used upon the voting machines without the foregoing instruction to the voters and shall be voted upon by the use of such machines without marking as aforesaid.
L.1978, c. 121, s. 3, eff. Sept. 25, 1978.
40:37-95.10m. Majority vote to adopt; operative effect
If at such election a majority of all the votes cast both for and against the adoption of such law shall be cast in favor of the adoption thereof, the same shall immediately become operative in the county voting thereon.
L.1978, c. 121, s. 4, eff. Sept. 25, 1978.
40:37-95.10n. Additional bonds, obligations for land and improvements for county parks
The governing body of any county having adopted the provisions of P.L.1946, c.276 (C.40:37-95.1 et seq.) may provide, in accordance with the provisions of this act, additional funds for land and improvements for use for county park purposes, or for the payment of notes previously authorized or issued to provide such funds, by the issuance of additional bonds or other obligations of the county pursuant to the provisions of the ~Local Bond Law,~ N.J.S.40A:2-1 et seq., in an amount, both authorized and outstanding, not to exceed at any one time the aggregate sum of $10,000,000, plus the amount of any funds on hand applicable to the payment of the principal of such outstanding bonds or other obligations. The amount of bonds or other obligations that may be issued by a county pursuant to this act shall be in addition to the amounts of bonds or other obligations authorized under any other law for lands or improvements for county park purposes.
The provisions of this section shall remain inoperative until submitted to, and approved by, the legal voters of an eligible county as hereinafter provided.
L.1989,c.179,s.1.
40:37-95.10o. Submission of question to voters
Whenever the governing body of a county subject to the provisions of this act shall adopt a resolution authorizing submission of the question of adoption or rejection of this act to the voters of the county, the county clerk shall cause the question to be printed upon the same and official ballots for the ensuing general election, occurring not less than 40 days after adoption of the resolution, as follows:
If you favor the proposition printed below make a cross (X), plus (+) or check (!) in the square opposite the word ~Yes.~ If you are opposed thereto make a cross (X), plus (+) or check (!) in the square opposite the word ~No.~ . . . .
YES. Shall the provisions of ~An Act
concerning county parks, playgrounds
and recreation places, and supplementing
P.L.1946, c.276, C.40:37-95.1 et seq.
(P.L.1989, c.179),~ providing for the
issuance of additional park bonds or
other obligations for land and
improvements not exceeding in the
aggregate the sum of $10,000,000, be
adopted?
. . . .
INTERPRETIVE STATEMENT
NO. If this question receives a majority
of the votes cast, the county will be
permitted to issue additional bonds or
other obligations for land and improvements
by the county park commission or for the
payment of notes previously issued. The
amount of additional bonds or other
obligations under this question, both
authorized and outstanding at any one time,
may not exceed $10,000,000, plus the
amount of any funds on hand applicable to
the payment of the principal of the
outstanding bonds or other obligations.
. . . .
In a county in which voting machines are used, the question shall be placed upon the official ballots to be used upon the voting machines without the foregoing instructions to the voters and shall be voted upon by use of the machines without marking as aforesaid.
L.1989,c.179,s.2.
40:37-95.10p. Adoption of law
If a majority of all the votes cast both for and against adoption of the law are cast in favor of its adoption, the law shall immediately become operative in the county voting thereon.
L.1989,c.179,s.3.
40:37-95.11. Depositories
The commission may select a depository or depositories wherein all public moneys and other funds of the commission shall be deposited, any bank organized under the laws of the United States, having its place of business in this State, or any bank or trust company organized under the laws of this State. The designation of such depository or depositories shall be by resolution of the commission. The commission or any of its employees charged with custody of such public funds shall thereafter, in accordance with the resolution provided aforesaid, deposit such funds or other moneys belonging to the commission, only in the depository or depositories so named, and upon so depositing in good faith such funds or moneys such employee shall be relieved of any liability for loss of such funds or moneys which may be due to the insolvency or closing of such depository or depositories.
L.1946, c. 276, p. 943, s. 11, eff. May 3, 1946.
40:37-95.12. Records; annual statements; audits
The commission shall at all times keep or cause to be kept full and accurate accounts of its receipts and expenditures, and of its resources and liabilities, and shall prepare or cause to be prepared detailed annual statements thereof, and shall employ the services of the Division of Local Government of the State Department of Taxation and Finance or of a competent registered municipal accountant of New Jersey to audit, annually, the books, accounts and statements of the commission, and shall cause copies of said annual audits, when completed, to be preserved as part of its permanent records and shall transmit certified copies of such audits to the board of chosen freeholders of said county.
L.1946, c. 276, p. 944, s. 12, eff. May 3, 1946.
40:37-95.13 Powers of commission.
13. The commission may:
a. Acquire, maintain and make available to the inhabitants of the county, public parks, playgrounds and recreation places;
b. Locate such public parks, playgrounds and recreation places at such point or points within the limits of the county as it may determine;
c. Preserve, care for, lay out, construct, maintain, and improve any such parks and places and by itself, or jointly with the State Highway Commission, board of chosen freeholders, or any municipality or other public body, provide for the construction, improvement or maintenance of any roadway or boulevard, within such park or parks or other places;
d. Lay out, construct and maintain such sidewalks, roadways, service ways, bridle paths, footpaths, or other ways within any such park or parks or other places;
e. Construct, reconstruct, alter, provide, renew and maintain such buildings or other structures, playgrounds and the equipment thereof, as it may determine;
f. Enter into contracts with any person, or municipality or other public body, with respect to the laying out, construction or maintenance thereof;
g. Engage, or contract for, the services of competent engineers or engineering firms, and do all other acts and things as may in the judgment of the commission be necessary or proper to effectuate and carry out the plan and purposes of this act, but such contract and employment shall not be for a longer period of time than five years; provided, however, that this provision shall not preclude the commission from extending any such contract and employment for a period of not exceeding five years from the date of such extension;
h. Whether or not a regularly organized full-time county park police department has been or shall hereafter be established pursuant to law, appoint and commission as many special policemen to patrol such county parks, playgrounds and recreation places as it may deem necessary and any such special policeman shall have the same powers therein as may be exercised by a municipal policeman pursuant to law and such special policeman shall be charged with the duty of preserving order and shall have power to arrest and to hold any offender against the public peace in such county parks, playgrounds and recreation places;
i. Subject to the approval of the board of chosen freeholders, lease to the highest bidder, after published advertisement not less than 10 days prior to award of lease, park lands or concessions therein to produce revenues from facilities required for or incidental to the operation of such public parks, playgrounds or recreation places; provided, however, that the period of any such lease shall not exceed 10 years.
L.1946,c.276,s.13; amended 1955, c.231; 1971, c.406, s.3; 1999, c.30.
40:37-95.13a. County park commissions
For purposes of P.L. 1985, c. 439 (C. 40A:14-146.8 et seq.), regarding the appointment of special law enforcement officers, county park commissions shall be entitled to act as a local unit as defined in that act.
L. 1985, c. 439, s. 12, eff. Jan. 13, 1986.
40:37-95.14. Right to acquire real estate and other property; grants by franchise, lease or contract
With the approval of the board of chosen freeholders of the county, the commission may acquire by gift, purchase or condemnation, such real estate and rights therein, and such other property as it may deem necessary and proper for its purposes. All such property shall be acquired by the commission in the name of the county.
The authority in this section granted shall include, with the approval of the board of chosen freeholders the right (a) to lease, as lessee, real property and easements therein, necessary or useful and convenient for the purposes of the commission whether subject to mortgages, deeds of trust or other liens, or otherwise, and to hold and use the same and dispose of any of the property so acquired no longer necessary for park purposes, (b) to grant by franchise, lease or contract the use of any park facilities or property to any person for recreational purposes upon such terms and conditions as shall be agreed upon. Any such grant which shall be conditioned upon the construction or provision of any building, structures or improvement by such person may, notwithstanding the provisions of paragraphs g. and i. of section 13 of this act (C. 40:37-95.13), be for such period of years as shall be agreed upon.
L.1946, c. 276, p. 945, s. 14, eff. May 3, 1946. Amended by L.1968, c. 56, s. 1, eff. June 7, 1968.
40:37-95.15. Power of eminent domain
Whenever the commission shall have determined to take and acquire any real estate or any right or interest therein for any public park or place which it has located as provided in this act, and cannot acquire the same by agreement with the owner, by reason of disagreement as to price, the legal incapacity or absence of the owner, or his inability to convey valid title, or for any other reason, the compensation therefor shall be ascertained and paid in the manner directed in and by chapter one of the Title Eminent Domain (s. 20:1-1 et seq.).
L.1946, c. 276, p. 945, s. 15, eff. May 3, 1946.
40:37-95.16. Surveys; maps
Before proceeding to purchase or condemn real estate for a public park or place, the commission shall determine the location and quantity of the same to be included in any park or place, and cause a survey thereof to be made together with a map showing the real estate to be embraced therein. The map shall be kept by the commissioners in their office, and the boundary lines of every park or place shall be recorded in a book to be kept by them for that purpose.
The commission shall not be obliged to disclose such location, surveys or maps to public inspection until it has taken proceedings to condemn real estate or any right or interest therein necessary therefor.
L.1946, c. 276, p. 946, s. 16, eff. May 3, 1946.
40:37-95.17. Real estate owned by municipality; conveyance to county
The governing body of any municipality may without the payment of consideration, convey to the county wherein such municipality is located, for park purposes, any real estate heretofore or hereafter acquired by the municipality which in the judgment of the governing body is not needed for municipal use and may cause to be executed good and sufficient conveyance or conveyances therefor.
L.1946, c. 276, p. 946, s. 17, eff. May 3, 1946.
40:37-95.18. Roadways; parkways; grade; alteration
The commission may within such park or parks or other places not only lay out and open roadways, parkways, and boulevards as herein provided, but may also establish the grade thereof and change or alter the same, and straighten, widen, alter or relocate any existing or new roadway, parkway or boulevard which may be acquired by it.
L.1946, c. 276, p. 946, s. 18, eff. May 3, 1946.
40:37-95.19. Sale of land not required for park purposes; auction
If all the members of the park commission shall by resolution determine that any real estate or part thereof acquired in pursuance of this act is no longer required for park purposes and that the interest of the public will be better served by the sale thereof, the commission may certify such resolution to the board of chosen freeholders. If the board of chosen freeholders concurs therein, that real estate or part thereof may be sold for cash at public sale to the highest bidder.
L.1946, c. 276, p. 946, s. 19, eff. May 3, 1946.
40:37-95.20. Vacation of roadways and other ways
The commission may by a four-fifths vote and with the approval of the board of chosen freeholders of the county vacate or surrender any roadways, service ways, bridle paths, footpaths, or other ways within any such park or parks or other places.
L.1946, c. 276, p. 947, s. 20, eff. May 3, 1946.
40:37-95.21. Rules and regulations; protection of parks; penalties
The commission may make, alter, amend and repeal rules and regulations for the protection, regulation and control of such parks, and the roads, driveways, sidewalks, paths, lakes, pools, fountains, trees, flowers, shrubs, statuary, buildings and other things contained therein, and may prescribe penalties for the violation thereof. Any such penalty shall not be more than one hundred dollars ($100.00) or less than two dollars ($2.00) but it need not be for a specific amount; and the commission may provide that the penalty shall be in such amount, not less than one given sum nor greater than another given sum, as may be fixed by the court in its discretion. The commission may sue for and collect the penalty so fixed in a civil action in any court of competent jurisdiction. All fines and penalties recovered shall be used by the commission for the same purposes and in the same manner as its other funds. Such rules and regulations shall not take effect until ten days after their adoption by the commission and after their publication once a week for two weeks in at least five newspapers circulating in the county.
L.1946, c. 276, p. 947, s. 21. Amended by L.1953, c. 37, p. 656, s. 78, eff. March 19, 1953.
40:37-95.22. Adoption of act; referendum; notice
Whenever the board of chosen freeholders shall, not later than sixty days before the next ensuing general election, pass a resolution authorizing the submission of the question of the adoption or rejection of this act to the voters of the county, the county clerk shall give public notice that such submission will be made at the next ensuing general election. The notice shall be by publication of at least once a month in each calendar month after the passage of the resolution, in two or more newspapers published and circulating in the county.
L.1946, c. 276, p. 947, s. 22, eff. May 3, 1946.
40:37-95.23. Ballots
The county clerk shall cause the question to be printed upon the sample and official ballots for the general election in substantially the following form:
~To vote upon the public question printed below, if in favor thereof, mark a cross (X) or plus (+) in the square at the left of the word ~Yes,~ and if opposed thereto mark a cross (X) or plus (+) in the square at the left of the word ~No.~
~Shall a county park commission be appointed in
Yes. ................ county pursuant to chapter ......
(inserting the number of the chapter of
No. this act), pamphlet laws of one thousand
nine hundred and forty-six?~
L.1946, c. 276, p. 948, s. 23.
40:37-95.24. Adoption by majority vote; commissioners appointed within 90 days
If upon the canvass of the vote at such election it shall appear that a majority of those voting for or against the question so submitted have voted in favor thereof, this act shall thereupon become operative and the board of chosen freeholders shall, within ninety days thereafter appoint the commissioners herein authorized to be appointed.
L.1946, c. 276, p. 948, s. 24, eff. May 3, 1946.
40:37-95.25. Existing laws relating to county park systems, etc., not repealed
Nothing herein contained shall repeal any existing law relating to the establishment of county parks or be construed to apply to any county which, prior to the date of the adoption of this act may have established a county park system or a county park commission under the provisions of any other law.
L.1946, c. 276, p. 948, s. 25, eff. May 3, 1946.
40:37-95.26. Office and expenses of commission
The board of chosen freeholders shall provide the commission, established pursuant to the act to which this act is a supplement, with a suitable office and upon the establishment of the commission may make available for expenditures by the commission such sums as the board of chosen freeholders may by a majority vote approve. The board of chosen freeholders may make available for expenditures authorized by the commission such sums as the board of chosen freeholders may by a majority vote approve. Except as funds are otherwise provided by law for land and improvements, the amount so made available in any calendar year for the expenses of the commission shall not be greater than the excess, if any, of a sum equal to 3/4 of a mill on each dollar of the aggregate true or full value of all property in the several taxing districts of the county, as determined by the county board of taxation, over the amount to be paid by the county in such year for debt service on bonds or other obligations for park purposes issued by the county pursuant to law. The board of chosen freeholders shall also have power to appropriate to the use of the commission, in addition to the sums appropriated for expenses as aforesaid, such moneys as may arise from revenue-producing facilities operated by the commission. The commission may draw the moneys provided and made available by the board of chosen freeholders for the purposes of this act on requisition duly signed and approved by its president and secretary.
L.1954, c. 246, p. 905, s. 1. Amended by L.1960, c. 166, p. 707, s. 2, eff. Jan. 3, 1961.
40:37-95.27. Application of act
The provisions of this act shall apply to all counties which have heretofore or shall hereafter adopt the provisions of chapter 276 of the laws of 1946, but shall remain inoperative in any such county until submitted to and approved by the legal voters of the county as herein provided.
L.1954, c. 246, p. 906, s. 2.
40:37-95.28. Submission of adoption of act to voters
The question of the adoption of the provisions of this act, in the form set forth in section 4 hereof, shall be submitted to the legal voters of any county which has heretofore or hereafter shall adopt the provisions of chapter 276 of the laws of 1946, at the next general election succeeding the passage hereof or at the general election at which the adoption of said chapter 276 of the laws of 1946 shall be submitted, whichever shall first occur.
L.1954, c. 246, p. 906, s. 3.
40:37-95.29. Ballots
There shall be printed on each official ballot to be used at such election, the following:
If you favor the proposition printed below make a cross X, plus + or check / in the square, opposite the word ~Yes.~ If you are opposed thereto make a cross X, plus + or check / in the square opposite the word ~No.~
~Shall a supplement to ~An act concerning
county parks, playgrounds, and recreation
Yes. places, and supplementing chapter 37 of
Title 40 of the Revised Statutes@
(P.L.1954, c. ) providing for the
No. expenditure for current expenses of a sum of
not in excess of 3/4 of a mill on each
dollar of assessed valuation be adopted?~
In any county in which voting machines are used, the question shall be placed upon the official ballots to be used upon the voting machines without the foregoing instruction to the voters and shall be voted upon by the use of such machines without marking as aforesaid.
L.1954, c. 246, p. 906, s. 4.
40:37-95.30. Adopted law immediately operative
If at such election a majority of all the votes cast both for and against the adoption of such law shall be cast in favor of the adoption thereof, the same shall immediately become operative in the county voting thereon.
L.1954, c. 246, p. 907, s. 5.
40:37-95.31. Funds for land and improvements; limitation upon obligations
In addition to any other funds or moneys provided for the purposes of the act to which this act is a supplement, the board of chosen freeholders of the county may provide funds for land and improvements by the commission or for the payment of notes previously authorized or issued to provide such funds, by the issuance of bonds or other obligations of the county in pursuance of article 1 of chapter 1 of this Title 40 (Section 40:1-1 et seq.), but in no case shall the amount of such bonds or other obligations, both authorized and outstanding at any one time, exceed in the aggregate the sum of $3,000,000.00, plus the amount of any funds on hand applicable to the payment of the principal of such outstanding bonds or other obligations.
L.1954, c. 247, p. 907, s. 1.
40:37-95.32. Application of act
The provisions of this act shall apply to all counties which have heretofore or shall hereafter adopt the provisions of chapter 276 of the laws of 1946, but shall remain inoperative in any such county until submitted to and approved by the legal voters of the county as herein provided.
L.1954, c. 247, p. 908, s. 2.
40:37-95.33. Submission of adoption of act to voters
The question of the adoption of the provisions of this act, in the form set forth in section 4 hereof, shall be submitted to the legal voters of any county which has heretofore or hereafter shall adopt the provisions of chapter 276 of the laws of 1946, at the next general election succeeding the passage hereof or at the general election at which the adoption of said chapter 276 of the laws of 1946 shall be submitted, whichever shall first occur.
L.1954, c. 247, p. 908, s. 3.
40:37-95.34. Ballots
There shall be printed on each official ballot to be used at such general election, the following:
If you favor the proposition printed below make a cross X, plus + or check / in the square opposite the word ~Yes.~ If you are opposed thereto make a cross X, plus + or check / in the square opposite the word ~No.~
~Shall a supplement to ~An act concerning
county parks, playgrounds, and recreation
Yes. places, and supplementing chapter 37 of
Title 40 of the Revised Statutes@
(P.L.1954, c. ), providing
No. for the issuance of park bonds for land
and improvements not exceeding in the
aggregate the sum of $3,000,000.00 be adopted?~
In any county in which voting machines are used, the question shall be placed upon the official ballots to be used upon the voting machines without the foregoing instruction to the voters and shall be voted upon by the use of such machines without marking as aforesaid.
L.1954, c. 247, p. 908, s. 4.
40:37-95.35. Adopted act immediately operative
If at such election a majority of all the votes cast both for and against the adoption of such law shall be cast in favor of the adoption thereof, the same shall immediately become operative in the county voting thereon.
L.1954, c. 247, p. 909, s. 5.
40:37-95.36. Disposition of lands by county park commission; resolution
Whenever by resolution a county park commission, established and operating in a county of the first class pursuant to subdivision C of article 4 of chapter 37 of Title 40 of the Revised Statutes, determines that certain lands owned by the commission, of an area not in excess of 50 acres, are no longer required for park purposes, the commission may, by said resolution, authorize the sale and conveyance of such lands to a corporation engaged in the sale and distribution of potable water upon such terms and conditions and for such consideration as the commission determines to be reasonable and in the public interest and as shall be set forth in said resolution.
L.1956, c. 87, p. 180, s. 1.
40:37-95.37. Certification of resolution
A copy of said resolution shall be certified to the board of chosen freeholders of the county.
L.1956, c. 87, p. 180, s. 2.
40:37-95.38. Use of proceeds
The proceeds of the sale of such lands, after payment of the reasonable costs of the sale, shall be set aside by the commission as a capital improvement fund, to be expended by said commission with the concurrence of the board of freeholders for the acquisition, development or improvement of additional lands for park or parkway purposes or for the development or improvement of existing park or parkway lands.
L.1956, c. 87, p. 180, s. 3.
40:37-95.39. Effective date
This act shall take effect immediately but no sale and conveyance shall be made pursuant to this act after January 1, 1957.
L.1956, c. 87, p. 181, s. 4.
40:37-95.40. Park police system
The county park commission may establish a constabulary to preserve order in the parks, parkways, playgrounds and recreation places under its control, and to secure the enforcement of the rules and regulations enacted by it, under the act to which this act is a supplement, and may organize the constabulary into a police system to be known as the ~park police of the county of .~
The police system shall consist of a chief and such subordinate officers, to be appointed by the commission, as may be deemed necessary and proper for the enforcement of the rules and regulations of the commission within the parks, parkways, playgrounds and recreation places and the proper protection of public property therein.
The commission shall establish rules and regulations for the appointment, control, compensation and management of the members of the constabulary and for the securing of proper discipline and efficiency among the members thereof.
L.1962, c. 120, s. 1, eff. July 25, 1962.
40:37-95.41 Powers of park police.
1. The chief and officers of the park police may arrest on view and without warrant, and conduct before the municipal court of the municipality in which the arrest is made, or the municipal court of a neighboring municipality, any person found violating the rules and regulations enacted by the commission for the protection, preservation, regulation and control of the park, parkways, playgrounds and recreation places and all property therein, and in addition while on or off duty anywhere within the territorial limits of the State, shall have the same powers for the enforcement of the laws of this State and the apprehension of violators thereof as are conferred by law upon police officers or constables.
L.1962,c.120,s.1; amended 1969, c.168; 1997, c.308, s.1.
40:37-95.42. Governing body control of county parks
It is lawful for the governing body of any county of the second class having a population in excess of 425,000, but less than 450,000, according to the most recent federal decennial census, to assume and thereafter to exercise the administration, regulation and control of the county parks and recreation places within that county whenever the governing body decides, by resolution adopted by the affirmative vote of a majority of all its members, to do so. The governing body shall hold a public hearing on the resolution prior to voting thereon and shall, in at least one newspaper circulating in the county, publish notice of the date, time and place of the public hearing at least two weeks prior to the hearing. Upon approval of the resolution, the governing body shall file a certificate of that decision attested to by the clerk in the office of the Secretary of State. When the certificate is filed, the administration, regulation and control of the county parks and recreation places of that county shall no longer be with the county park commission but with the governing body of the county. The governing body shall not consider or approve a resolution altering the assumption of the administration, regulation and control of the county parks and recreation places until three years have passed from the date of the filing of the certificate.
L. 1986, c. 90, s. 1, eff. Aug. 14, 1986.
40:37-95.43. Advisory commission
The governing body of any county acting pursuant to section 1 of this act may appoint a county park advisory commission to be composed of the same number of persons as the number of county park commissioners formerly required to be appointed by law. The advisory commission shall advise the governing body in matters concerning the administration, regulation and control of the county parks and recreation places within the county. The advisory commissioners first appointed in any county shall hold office as follows: a. In the case of an advisory commission having five members, two for terms of one year, two for terms of two years and one for a term of three years, respectively, as indicated and fixed in their orders of appointment; b. In the case of an advisory commission having seven members, three for terms of one year, two for terms of two years and two for terms of three years, respectively, as indicated and fixed in their orders of appointment; and c. In the case of an advisory commission having nine members, four for terms of one year, three for terms of two years and two for terms of three years, respectively, as indicated and fixed in their orders of appointment. Thereafter all advisory commissioners shall hold office for the full term of three years and vacancies shall be filled in the manner generally provided by law. The members shall serve without compensation but their necessary expenses shall be allowed and paid.
L. 1986, c. 90, s. 2, eff. Aug. 14, 1986.
40:37-95.44. Former commissioners
It is the intent of this act that members of any former county park commission in office in the county on the date the certificate is filed with the Secretary of State pursuant to section 1 of this act shall continue in office as advisory commissioners pursuant to this act, and, therefore, that each former county park commissioner is appointed as an initial member of the advisory commission for a term which most nearly corresponds to the time remaining of the term for which he was originally appointed as a county park commissioner. In any case where it is not practicable to appoint each former county park commissioner to an initial term as advisory commissioner nearly corresponding to the time remaining in the original term, the former commissioners shall determine by lot the initial term for which each is appointed.
L. 1986, c. 90, s. 3, eff. Aug. 14, 1986.
40:37-95.45. Property transfers
Whenever the county governing body acts pursuant to section 1 of this act, all moneys, files, books, papers, records, equipment and other property, real or personal, owned, controlled or possessed by any former county park commission shall be transferred to the governing body of the county.
L. 1986, c. 90, s. 4, eff. Aug. 14, 1986.
40:37-95.46. Employee rights unimpaired
Whenever the county governing body acts pursuant to section 1 of this act, all employees employed by or on behalf of any former county park commission shall continue under the direction, supervision and control of the county governing body and nothing in this act shall deprive any employee of any tenure rights or any right or protection provided by any employment status, pension law or retirement system.
L. 1986, c. 90, s. 5, eff. Aug. 14, 1986.
40:37-95.47. Succession of rights, duties
Whenever the county governing body acts pursuant to section 1 of this act, it shall succeed to all the rights, powers, duties and obligations of any former county park commission.
L. 1986, c. 90, s. 6, eff. Aug. 14, 1986.
40:37-95.48. Rules, regulations
Whenever the county governing body acts pursuant to section 1 of this act, it shall prescribe rules and regulations for the administration, regulation and control of the county parks and recreation places within the county.
L. 1986, c. 90, s. 7, eff. Aug. 14, 1986.
40:37-95.49. Limited applicability
The provisions of this act shall not apply to any county governed by the provisions of the ~Optional County Charter Law,~ P.L. 1972, c. 154 (C. 40:41A-1 et seq.), but a county so governed, which assumes the exercise of the administration, regulation and control of county parks and recreation places within the county, shall do so pursuant to the reorganization powers granted under section 30 of P.L. 1972, c. 154 (C. 40:41A-30).
L. 1986, c. 90, s. 8, eff. Aug. 14, 1986.
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