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0190 4- • 1 4 q ; . - , + ORDINANCE N0. AN ORDINANCE OF THE CITY OF JACKSONVILLE, PROVIDING FOR A PARK AND RECREATION COMMISSION, PRESCRIBING TERP+LS OF MEMBERS, ORGANI- ZATIONS, POWERS AND DUTIES: 'PROVIDING FOR A DIRECTOR OF PARK AND RECREATION, DESCRIBING HIS DUTIES, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, PROVIDING A SAVINGS CLAUSE, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSON- VILLE: SECTION 1: SHORT TITLES: This ordinance shall be commonly known and cited as the Park and Recreation Ordinance. SECTION 2: DEFINITIONS: For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future. Words in the plural number include the singular number, and words in the singular number include the plural number. The word "Sha: is always mandatory and not merely directory. (1) "City" is the City of Jacksonville. (2) "Lirector" is a person so designated and in charge of the Park and Recreation Department or any subdivision thereof, including those in charge of any park area and its activities. (3) "Park" is a park, reservation, playground, recre- ation center, or any other area in the City owned or used by the City, and devoted to active or passive recreation, including all planted expressways, parkways, triangles and traffic circles mai! tained by the City, except the parkway strips between curb and sidewalks along the several streets and highways of the City. (4.) "Person" is any person, firm, partnership, corpora tion, association, company or organization of any kind. SECTION 3: PARK AND RECREATION COMMISSION. (1) Establishment - Membership - Term of Office. (a) A Park and Recreation Commission consisting of five (5) members is hereby established. 1. Members shall be qualified voters of the City. t 2, Members shall be appointed by the Mayor and confirmed by the City Council for 5 -year terms, provided, however, that initial appointments shall be as follows: one member shall be appointed for a term of five years, ending on the last day of December, 1971; one member shall be appointed for a term of four years, ending on the last day of December, 1970; one mem- ber shall be appointed for a term of three years ending on the last day of December, 1969; one member shall be appointed for a. term of two years ending on the last day of December, 1966; and one member shall be appointed for a term of one year ending on the last day of December, 1967. In the event of a vacancy, the Mayor shall appoint a member to serve for the unexpired term. 3. Members shall serve without compensation, but shall not continuously serve for a period in excess of ten (10) years. 4. If a replacement has not been designated upon the end of a member's term, then that member shall continue his membership until replaced. (b) The Commission shall elect a Chairman, a Vice Chairman for Parks, and a Vice Chairman for Recreation. No Chair- man or Vice Chairman shall serve more than two consecutive terms, as hereinafter provided for in Section 3, Paragraph 3, Subpara- graph A -2. (c) A majority of members shall constitute a quorum. (d) Absence from three (3) consecutive meetings without consent of the Commission Chairman shall be deemed to constitute the retirement of such member and such fact shall be certified to the Mayor, as hereinafter provided in Section 3, Paragraph 3, Subparagraph (g). (e) The Director of Parks and Recreation shall perform the duties of Executive Secretary to the Commission, and shall be in attendance at all meetings of the Park and Recreation Commission. (2) Pcwers and Duties. The Park and Recreation Com- mission shall have the following powers and perform the follow- ing duties: (a) It shall act in all matters pertaining to Parks and Recreation and have such power and authority therein to act in the best public intent, convenience and necessity. It shall acquaint itself with and make a continuous study and in- spection of the complete park and recreation system of the City; and shall advise with the City Council from time to time, as to the present and future maintenance, operation, planning, acquisi- tion, development, enlargement, and public use policy of the City Park and Recreation system. (b) It shill study and encourage the development of Park and Recreation areas and study and encourage the develop- ment of wholesome recreation for all residents of the City. (c) The Commissioners hereinunder appointed shall have .full and complete authority to build, manage, operate, main- tain and keep in a good state of repair any municipal buildings deemed necessary to carry on a recreation park for said municipal- ity, including the right to control and permit or refuse to permit such public gatherings or other meetings or affairs as the Com- missioners shall see fit and deem to be to the best interests of the City. (d) It shall advise with the Director of Park and Recreation on problems of development of recreation areas, facil- ities, programs and improved recreation services. (e) It shall recommend the adoption of standards an areas, facilities, programs and financial support. (f) It shall have periodic inventories made of recreation service that exist or may be needed, and interpret the needs of the public to the City Council, and to the Director of Park and Recreation. (g) It shall aid in coordinating the recreation service with the programs of other governmental agencies and voluntary organizations. • • (h) It shall interpret the policies and functions of the Park and Recreation Department to the public. (i) It shall review, study and make recommenda- tions to the Director of Park and Recreation for the preparation of the annual budget for the Park and Recreation Department. (j) It shall advise the Director of Park and Rec- reation on the development of long -range capital improvement pro- grams and, when in its opinion the need exists for additional park and recreation facilities, grounds, or premises, it shall make appropriate recommendations to the City Council. It may also recommend the acquisition of additional parks, park and recrea- tional equipment and supplies. (k) The Commissioners hereunder shall have, in addition to other powers enumerated herein, the exclusive right and power to make purchases of all supplies, apparatus and other property and things requisite and necessary for the management and operation of said recreational park, including the construc- tion of same and repairs and additions thereto. (1) It shall follow the rules and regulations prescribed by the Council for the conduct of its business. (m) It shall establish rules and regulations governing the administration of the Park and Recreation program and the use of Park and Recreation facilities. (n) It shall make recommendations to the City Council regarding park and recreation matters that it considers advisable. (o) It may solicit for the City gifts, revenues, bequests, or endowments of money or property as donations or grants from persons, firms or corporations, subject to the approval and acceptance by the City Council. (p) It may, from time to time, recommend to the City Council amendments or changes to this Ordinance. (q) It shall, whenever in its opinion it is de- sirable or necessary, establish operating hours during which build- ings, structures, facilities, athletic areas or other improvements • on park areas shall be operated, recommend to the City Council such hours of operation, and if approved by the Council, such hours shall be posted on the entrance of such buildings, facili- ties, etc. and shall be deemed as the official hours of operation. (r) The Commissioners hereunder appointed shall have the authority to utilize all revenues derived from the oper- ation of the recreational park in the operation of said recrea -<- tional park. All funds derived from the use of said recreational park shall be segregated into a Park Fund, which Fund shall be used exclusively in the operation of the recreational park by the Commissioners. Monies in said Fund shall not be mingled with other funds of the City and shall be handled exclusively by the Commissioners. Said Commissioners shall each furnish to the City a $5,000.00 surety bond that will serve to insure the City against any misappropriation or mishandling of funds. The surety on said bonds shall be paid for from monies in the said Park Fund. The Commissioners shall receive no salary for their services, but shall be reimbursed from the Park Fund for actual expenses in- curred in the performance of their duties. (3) Rules and Regulations governing the conduct and functioning of the Park and Recreation Commission: (a) Officers. 1. Designation. The officers of the Park and Recreation Commission shall be a Chairman, a Vice Chairman for Parks and a Vice Chairman for Recreation, and an Executive Secretary. 2. Term of office. The term of office for the Chairman, Vice Chairman for Parks and Vice Chairman for Rec- reation, shall begin on the first day of January of each year and shall end on the 31st day of December. The Executive Secre- tary shall serve as prescribed in Section 3, Paragraph (3)(e) 3 of this Ordinance. (b) Meetings. 1. Regular meetings. The Park and Recrea- tion Commission shall meet on the first Tuesday of each month in the City Hall unless another time, date and place is designated by the Chairman and all members are notified at least one day in advance. 2. Special Meetings. Special meetings may be called by the Chairman or by written request sent to the Sec- retary by three members of the Commission. 3. Quorum. A majority of members shall con- stitute a quorum. (c) Subcommittees. 1. Appointment. The Park and Recreation Commission, by a majority vote of the quorum present at any reg- ular or special meeting, may appoint such members and citizens as they see fit to subcommittees to serve the purposes of the Park and Recreation Commission. 2. Termination. These Committees may be dissolved in a like manner. (d) Order of business. The following order of business shall be observed at all regular and special meetings, unless set aside by a majority vote: 1. Call to order and roll call of members to determine a quorum. 2. Reading of minutes of previous meetings. 3. Appointment of committees. 4. Reports of officers and committees. 5. Communications, other reports, public hearings, etc. 6. Unfinished business. 7. New business. 8. Adjournment. (e) Duties of Officers. 1. Chairman. The Chairman shall perform the usual duties of such office. He shall preside at all meetings when he is present and shall represent the Park and Recreation Commission at public functions. 2. Vice Chairman. The Vice Chairman shall assist the Chairman in directing the affairs of the Commission and they shall act in his absence. 3. Executive Secretary. The Executive Sec- retary shall be responsible for carrying out all directions sub- mitted to him by the Park and Recreation Commission. He shall be responsible for providing the Park and Recreation Commission with all information which it requires, and for seeing that its policies, when properly approved, are adhered to. He shall make such reports to the City Council as required. He shall report to the Commission as required, not leas than monthly, on all activities of the Park and Recreation Department. He shall read once a year, at the first regular meeting following the appointment of officers, the Park and Recreation Ordinance. (f) Publications. 1. Annual Reports. The Park and Recreation Commission shall publish and present annually to the City Council and interested citizens of Jacksonville, a report on the manner in which the municipal park and recreation program has been con- ducted. This report shall be presented after the completion of each fiscal year. Preparation of the report shall be under the direction of the Executive Secretary. 2. Information Folder. The Park and Recre- ation Commission shall, from time to time, publish an information folder explaining the program and the facilities available through the Park and Recreation Department. 3. The Park and Recreation Commission shall annually present complete budget recommendations to the Mayor and the City Council. (g) Attendance. Any member of the Park and Rec- reation Commission who fails to attend three (3) consecutive reg- ular meetings without being excused by the Commission Chairman shall be certified to the Mayor as having retired under the pro- visions of Section 3, Paragraph (1) of this Ordinance. (h) Voting. All questions presented for a vote of the Park and Recreation Commission shall be decided by a sim- ple majority of those present. • (i) Additional Rules. The Park and Recreation Commission shall have authority to adopt such additional rules that are not in conflict with this Ordinance that it deems nec- essary to carry out the purposes and intent of this Ordinance. SECTION 4. PARK AND RECREATION DEPARTMENT. (1) There is hereby created a Park and Recreation De- partment for the City of Jacksonville. (2) The Mayor shall appoint, after considering the recommendations of the Park and Recreation Commission, a Director of Park and Recreation to administer the Parka and Recreation program of the City. (3) The Director of Park and Recreation shall: (a) Be the chief admintstrative officer of the Park and Recreation Department of the City subject to the direction of the Mayor and as such shall be in immediate charge of the care, maintenance and operation of the various parks and recreation facilities contained therein of the City. He shall be in charge of the operation of any nursery which may be maintained by the City for the growing and furnishing of plants, trees, shrubs, grass and other growing vegetation for the use in the City Parks. He shall consult the City Engineer, from time to time, with reference to construction, maintenance and furnishing of utilities to and within the City Parks. (b) Attend meetings of the Park and Recreation Commission and shall serve as its Executive Secretary without vote and shall advise with the Park and Recreation Commission pertain- ing to the planning, development and operation of the parks and recreation facilities of the City. (c) Recommend for employment required personnel according to the standard procedures as set forth by the City of Jacksonville and, upon employment, shall supervise them in the performance of their various duties. (d) Administer, operate and maintain existing park and recreation areas and facilities and plan for the acqui- sition, development and operation of proposed facilities in ac- cordance cordance with the policies recommended by the Park and Recreation 1 Commission and as approved by the Mayor and the City Council. (e) Inform the general public of the services and facilities being provided by the Park and Recreation Department. (f) Solicit suggestions from the general public to improve or increase the effectiveness of the services. (g) Cooperate with governmental and voluntary or- ganizations and agencies in the furtherance of, recreation opportu- nities. (h) Prepare manuals, bulletins and reviews on parks and recreation problems as required. (1) Provide upon request assistance of technical nature to community agencies and organizations having problems relating to park and recreation areas, facilities and programs. (j) Conduct studies of local conditions and needs for park and recreational services and assist with recruitment and training of recreation personnel. (k) Prepare a budget request to the Mayor. SECTION 5. The City Council may appropriate funds from the General Revenue Fund of the City, or from such other funds as the City may have available to make up deficits or to provide such funds as may be necessary to carry on the operations of the said recreational park. The City Council may at any time appropriate such funds as it deems necessary, from the General Revenue Fund or such other funds that the City may have available, for the pur- pose of maintaining and operating the said recreational park. SECTION 6. ENFORCEMENT. (1) Officials. The Director and park attendants shall, in connection with their duties imposed by law, diligently enforce the provisions of this Ordinance and /or the rules and regulations prescribed thereunder. (2) Ejectment. The Director and any park attendant shall have the authority to eject from the park any person acting in violation of this Ordinance and/or the rules and regulations prescribed thereunder. (3) Seizure of Property. The Director and any park attendant shall have the authority to seize and confiscate any } property, thing or device in the park, or used in violation of this Ordinance and /or the rules and regulations prescribed there- under. SECTION 7. PENALTIES. Any person, firm or corporation vio- lating any of the provisions of this Ordinance and /or the rules and regulations prescribed thereunder shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding Two Hundred Dollars ($200.00). Each day such viola- . tion is committed or permitted to continue shall constitute a sepa- rate offense and shall be punishable as such hereunder. SECTION B. SEPARABILITY. If any section, subsection, sen- tence, clause, phrase or portion of this Ordinance is for any reason held invalid by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining por- tions hereof. SECTION 9. REPEALER. That all ordinances inconsistent with the provisions of this Ordinance shall be, and the same are hereby repealed. SECTION 10. EFFECTIVE DATE. The fact that the present ordi- nance and regulations of the City creating a Park Board are inade- quate to provide necessary membership on said Board, and the fact that the present ordinances and regulations of the City do not provide for adequate standards to be followed in the areas of recreation create an urgency and an emergency and in the preserva- tion of the public health, safety and welfare and require that this Ordinance shall take effect immediately from and after its passage and the publications of the caption as the City Charter in such cases provides. DULY passed by the City Council of the City on this the day of , 1967. APPROVED: APPROVED AS TO FORM: Wlayor ttorney ATTEST: trail