Article XI: Parks and Recreation

Sec. 154. Creation of a department of parks and recreation.

There shall be a department of parks and recreation.

As used in this charter, "park land," "park property," and "recreation facilities" means all lands donated to the city for park or recreation purposes, acquired by the city through purchase, dedication, deed, or condemnation for park or recreation purposes, or purchased or improved in whole or in part with funds from the permanent park and recreation fund. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961. Amended by Ord. No. 5574 (1993), § 1, adopted by electorate on November 2, 1993.)

Sec. 155. Functions of the department.

Under the direction, supervision and control of the city manager, the department of parks and recreation:

(a) Shall supervise, administer, and maintain all park property and recreation facilities.

(b) Shall supervise, administer, and execute all park and recreation programs, plans, functions, and activities of the city.

(c) Shall prepare and submit to the parks and recreation advisory board written recommendations on those matters where this article requires a recommendation from said board prior to council or department action.

(d) May, at the request of the parks and recreation advisory board, prepare and submit to the board information and recommendations on such park and recreation matters as are not provided for by (c) above.

(e) May request advice on any park and recreation matter from the parks and recreation advisory board. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961.)

Sec. 156. Organization of the department.

The chief administrative officer of the department shall be the director of parks and recreation. The director shall be appointed by the city manager for an indefinite period and shall be removable by the city manager. The said director, working under the direction, supervision, and control of the city manager, shall be responsible for performing and carrying out the activities of the department and for supervising all department personnel and equipment.

The city manager may appoint a superintendent of parks and a superintendent of recreation. Any such appointments shall be for an indefinite period, and said superintendents shall be removable by the city manager.

The superintendent of parks, working under the direction, supervision, and control of the director of parks and recreation, shall perform all activities of the department related to parks.

The superintendent of recreation, working under the direction, supervision, and control of the director of parks and recreation, shall perform all activities of the department related to recreation.

The city manager may employ such other subordinate personnel as the manager determines are required to carry out the activities of the department. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961.)*

Sec. 157. Creation of the parks and recreation advisory board.

There shall be a parks and recreation advisory board consisting of seven members appointed by the city council. The members of the board shall be residents of the city, shall not hold any other office in the city, and shall serve without pay. The council may appoint such ex-officio members to the board for such terms as it deems advisable. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961.)

Sec. 158. Term of office of board members-removal-vacancies.

The term of each board member shall be five years, provided, however, that in appointing the original members of the board, the city council shall designate one member to serve until December 31, 1961, two members to serve until December 31, 1962, one member to serve until December 31, 1963, two members to serve until December 31, 1964, and one member to serve until December 31, 1965.

The council may remove any board member who displays lack of interest or who fails to attend board meetings for three consecutive months without formal leave of absence.

The council shall fill all vacancies. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961.)

Sec. 159. Organization and procedure of the board.

The board shall choose a chair and a secretary. The director of parks and recreation may be designated as secretary by the board.

The board shall have regular meetings once a month. Special meetings may be called at any time by three members of the board upon giving of at least twenty-four hours' notice of said special meeting to the board members.

Four members of the board shall constitute a quorum. Unless otherwise expressly provided herein, an affirmative vote of a majority of the members present shall be necessary to authorize any action by the board.

The board shall keep minutes and records of its meetings and transactions.

Except for such provisions as are herein expressly provided for, the board shall have power to make reasonable rules for the conduct of its business. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961.)*

Sec. 160. Functions of the board.

The parks and recreation advisory board shall not perform any administrative functions unless expressly provided in this charter. The board:

(a) Shall make recommendations to the council concerning the disposal of park lands pursuant to Section 162 of this charter.

(b) Shall make recommendations to the council concerning any expenditure or appropriation from the permanent park and recreation fund pursuant to Section 161 of this charter.

(c) Shall make recommendations to the council concerning the grant or denial of any license or permit in or on park lands, pursuant to Section 164 of this charter.

(d) Shall review the city manager's proposed annual budget as it relates to park and recreation matters and submit its recommendations concerning said budget to the council.

(e) May, at the request of the council or the department of parks and recreation, prepare and submit to the council, city manager, or the department recommendations on such park and recreation matters as are not provided for by paragraphs (a), (b), (c) and (d) above.

(f) May request information and recommendations from the department pursuant to the provisions of Section 155(d) above.

The city council and the parks and recreation department shall not act on any of the matters set forth in paragraphs (a), (b), (c) and (d) above without securing a recommendation from the board as above provided; however, the council and department may act on the matters set forth in paragraphs (c) and (d) above without a board recommendation if the board fails to submit its recommendation to the council within thirty days after request therefor is made by the council.

The board's recommendation shall not be binding upon the city council unless expressly provided by this charter. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961.)

Sec. 161. Permanent park and recreation fund.

There shall be a permanent park and recreation fund. This fund shall consist of the following:

(a) An annual levy of nine-tenths of one mill on each dollar of assessed valuation of all taxable property within the city.

(b) Gifts and donations to the fund.

(d) Appropriations made to the fund by the city council.

Expenditures from this fund shall be made only upon the favorable recommendation of the parks and recreation advisory board and appropriation by the council. Said fund shall not be used for any purpose other than the acquisition of park land or the permanent improvement of park and recreation facilities.

Any portion of the fund remaining unexpended at the end of any fiscal year shall not in any event be converted into the general fund nor be subject to appropriation for general purposes. Money appropriated from the fund which is not expended in whole or in part shall be returned to the fund and shall not be subject to appropriation for general purposes. Money appropriated from the general fund for park or recreational purposes which is not expended for the purpose designated shall be returned to the general fund. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961.)

Sec. 162. Disposal of park properties.

Park lands may be disposed of by the city council, but only upon the affirmative vote of at least four members of the parks and recreation advisory board. An advisory recommendation, which shall not be binding on the council, shall be obtained from the planning board prior to the disposition or lease of park lands. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961. Amended by Ord. No. 5574 (1993), § 1, adopted by electorate on November 2, 1993.)

Sec. 163. Acquisition of park land.

The council may acquire park land for the city, provided that the council shall not make any expenditure of money for the purpose of acquiring park lands without first securing a recommendation from the planning board and the parks and recreation advisory board. Provided, however, that the council can act without such recommendations if said boards fail to submit their recommendation to the council within thirty days after request therefor is made by the council. The recommendations of the said boards shall not be binding on the council except that the recommendation of the parks and recreation advisory board concerning expenditures from the permanent park and recreation fund shall be binding on the council pursuant to Section 161 of this charter. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961.)

Sec. 164. Franchises, leases, permits, and licenses in parks.

No franchise shall ever be granted in or on park lands except on vote of the qualified tax-paying electors in accordance with the provisions of article VIII of the charter of the city.

The council may by motion grant leases, permits, or licenses in or on park lands, but only upon the affirmative vote of at least four members of the parks and recreation advisory board. The council may, by ordinance, delegate all or any part of this authority to the parks and recreation advisory board to approve such leases, permits, or licenses. The parks and recreation advisory board may, by motion, subdelegate all or any part of its delegated authority to approve such leases, permits, or licenses to the city manager. The city manager may enter into standard commercial licensing agreements for automatic food vending machines on park lands without the approval of the parks and recreation advisory board or the council.

The term of any license or permit granted hereunder shall not exceed five years, and any such license or permit so granted shall be revocable by the council at its pleasure at any time, whether such right to revoke be expressly reserved in such permit or license. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961. Amended by Ord. No. 5574 (1993), § 1, adopted by electorate on November 2, 1993.)

Sec. 165. Transfer of assets, liabilities, and surplus from permanent park fund to the permanent parks and recreation fund.

(Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961.)