Title 40, Title 40: MUNICIPALITIES AND COUNTIES

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 pr…

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.19…

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 an…

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 ca…

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 trus…

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 there…

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 l…

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. …

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 oth…

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 own…

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 …

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 …

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, …

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 pu…

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 …

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…

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,…

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…

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 th…

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 op…

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…

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 …

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 vo…

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…

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 + o…

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 vacan…

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. 2…

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 …

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 vo…

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…

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, p…

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. 2…

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 t…

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 a…

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.

40:37-95.4. 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…

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 …

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 v…

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 t…

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 la…

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 commiss…

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 trans…

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 …

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.