governing body of the municipality must first adopt a resolution setting forth the lands to be exchanged and indicating therein such adjustments in taxes and assessments as it deems for the best interest of the municipality (title 54, ch. 5, art. 2).

MUNICIPALITIES GOVERNED BY IMPROVEMENT

COMMISSIONERS

PARKS

Use of park lands for highways. In every municipality governed by an improvement commission, the boundaries of which improvement commission are coextensive with the boundaries of the municipality, where the municipality has acquired lands prior to April 13, 1931, for use as public parks, the body or commission having the management or control thereof may consent to the use of the same by the governing body for public highways, roads, or boulevards; but such consent shall not be given in any case where the lands have been improved and are actually in use for park purposes, or where they have been dedicated or conveyed to park uses with a restriction against the use of the same for highway or railroad purposes (title 40, ch. 120).

MUNICIPALITIES AND COUNTIES

RECREATION COMMISSIONERS

Board; appointments, etc.-The mayor or other chief executive officer of any municipality and the board of chosen freeholders of any county may in his or its discretion appoint not less than 3 or more than 5 resident persons as members of a board of recreation commissioners, to hold office for the term of 3 or 5 years (rotated) according to the number appointed. Vacancies are to be filled for the unexpired term only. Members are to receive no compensation for their services. The board or body having control of the finances must provide suitable offices for the board. In municipalities having recreation commissioners engaged in operating a community house, the number of commissioners may be increased to not less than 9 or more than 15 (title 40, ch. 12).

Acquisition of property. The commissioners may acquire lands for public playgrounds and recreation places by gift or purchase, and must from time to time select lands for such purposes; and, when deemed necessary or advisable, also select lands for an approach of such size as they think suitable, regard being had to the population of the neighborhood; cause surveys and maps to be made of same, with an estimate of the probable costs of acquiring such lands, also a statement of the annual rental and duration of term, if it is proposed to lease the same, together with an estimate of the cost of preparing such lands and suitably equipping the same by the erection of buildings, stands, seats, and other structures and apparatus. Such surveys, maps, and estimates must be submitted to the board or body of the county having control of the finances, with a request that an appropriation be made for the purpose of acquiring or leasing the lands and suitably preparing and equipping the same. If such board or body authorizes the acquisition or leasing of the lands, and appro

priates a sum for the purpose and for equipping of same, the board must proceed to acquire the same by purchase, condemnation, or lease, and suitably prepare and equip the same for a playground and recreation place, or approach thereto (ibid.).

Games and exhibitions; admission fee. In order to provide the funds, in whole or in part, necessary to improve, maintain, and police the places under its control, the board may arrange and provide for the giving of outdoor exhibitions, concerts, games, and contests, and collect a reasonable admission fee for each person entering such ground or place during the time or times when the same is being used or employed for such purposes. Any such ground or place may not be used or employed for such purpose for a greater period than 8 hours in any week, or more than 2 days in any 1 week; and no admission fee may be collected from any children under 12 years of age (ibid.).

Control of grounds; preservation of order. The board is vested with full power over all lands, grounds, and places acquired or leased, and may adopt rules, regulations, and bylaws for the use thereof, and the conduct of all persons while on or using the same. Any person who violates any such rule, regulation, or bylaw is to be deemed and adjudged a disorderly person. The custodians, supervisors and assistants appointed by the board, while on duty, have all the power and authority of police officers of the municipality. The board may appoint a secretary or clerk and such number of custodians, supervisors, and assistants as it thinks necessary, and fix and determine their salaries (ibid.).

Appropriation for current expenses. The board or body having the control of the finances must annually fix, determine, and appropriate a sum sufficient for the care, custody, policing, and maintenance of the grounds and places, and for the expenses of the board, which must be raised by taxation in the same manner as other taxes (ibid.).

Costs and expenses; bonds; special fund.-The money necessary to pay for lands and for equipping the same may be raised by general taxation or by the issuance of bonds. All moneys received by the board are to be paid over to the municipal or county treasurer and to be kept by him in a special fund under the control of the board (ibid.).

NOTE. The foregoing provisions are not applicable to any municipality governed by the commission form of government.

Joint action. Any two or more municipalities in any county, or any municipality and county, may jointly acquire property for and operate and maintain playgrounds, playfields, gymnasiums, public baths, swimming pools, or indoor recreation centers (ibid.).

RECREATION SYSTEM

Referendum. Upon petition to the governing body of the municipality or county, signed by electors equal in number to 15 percent of the votes cast at the last preceding general election, or upon resolution of the governing body of its own motion, a proposition must be submitted to the voters as to whether the municipality or county shall establish a system of recreation, including playgrounds, and appropriate for the maintenance thereof a sum of not less or more than the amount specified on the ballot. A majority of the votes cast is neces

sary for adoption. If such a recreation system is already established, the question of maintenance only may be submitted. The amount voted must be raised by annual tax levy (title 40, ch. 12).

Repeal or amendment.-The governing body may of its own motion submit to the electors the question of the repeal or amendment of any proposition originally submitted by it of its own motion and adopted, and the electors may in any case cause such resubmission by petition signed and filed as above for an original submission (ibid.).

FOREST RESERVES AS PUBLIC PARKS

Authority. The governing body of any county or municipality may enter into an agreement with the board of conservation and development for the maintenance of a forest reserve, or any portion thereof, which portion may be a pond or lake, as a public park, and from time to time may appropriate money and pay the same to such board, to be expended by it for the maintenance and improvement of such State property (title 40, ch. 12).

SCHOOLS AND SCHOOL DISTRICTS

Use of schoolhouse and grounds for civic purposes. The board of education of any school district may permit the use of any schoolhouse and the grounds and other property of the district, when not in use for school purposes, for holding social, civic, and recreational meetings and entertainments, and for such other purposes as may be approved by the board of education (title 18, ch. 5).

Transfer of municipal playgrounds to school board.-Whenever the governing body of a municipality, in which public playgrounds and recreation places have been established, determines that it is advisable that it be relieved of the maintenance, control, and management of same, it may, without consideration, transfer and convey any real estate in the municipality devoted to such use to the board of education of the school district for use for public playgrounds and recreation places, to be under the control of the board of education (ibid.).

Prerequisite resolutions. No such transfer or conveyance may be made until the governing body has adopted a resolution declaring its desire to be so relieved, and authorizing conveyance to the board of education by deed, and until the latter board has by resolution consented to the acceptance of such conveyance and has agreed to maintain, control, and manage the same (ibid.).

Establishing, equipping, and maintaining playgrounds; parks.— The board of education of any school district may establish public playgrounds and recreation places of such size and dimensions and in such locations in the school district as it thinks suitable, and may lease, purchase, or condemn the lands necessary therefor. Moneys needed for payment for lands, for erecting buildings or for repairing the same, and providing equipment, are to be furnished to the board by the municipality in the same way as moneys are furnished to boards of education for the purchase of land for school purposes. The board is to include in its annual budget a statement of the amount of money necessary for the maintenance, control, and management of the playgrounds and recreation places under its jurisdiction for the ensuing year, and the board of school estimate must fix and determine the

amount of money necessary to be appropriated to the board of education for the use of the playgrounds and recreation places. Such amount is to be assessed, leased, and collected as moneys appropriated for other municipal purposes (ibid.).

Control; supervisors, etc.-The board of education is vested with full control over all lands, playgrounds, and recreation places acquired or leased, and may adopt rules, regulations, and bylaws for the use of same and the conduct of all persons while on or using the same; may appoint such supervisors, instructors, teachers, custodians, and employees as are deemed necessary for the proper maintenance, control, and management of the areas, and fix their compensation and terms of employment (ibid.).

Joint action. Any school district may join with any municipality, or the county in which the school district is located, in equipping, operating, and maintaining playgrounds, playfields, gymnasiums, public baths, swimming pools and indoor recreational centers; and may appropriate money therefor (ibid.).

CAMP MEETING ASSOCIATIONS

PARKS

Establishment.-Any camp meeting association or corporation incorporated for the purpose of providing any religious body or society with a permanent camp meeting or ground or place of religious service may open, lay out, maintain, and beautify parks and open places (title 40, ch. 97).

CIVIC IMPROVEMENT SOCIETIES

PARKS, ETC.

Authority. A corporation may be formed by five or more persons for improving, decorating, beautifying, and adorning or dedicating to public use any squares, parks, or other grounds in any municipality (title 15, ch. 3).

Municipal lands.-Any municipality in which such a corporation is situated may convey to the corporation any lands held by the municipality for the foregoing purposes, to be used as places of public enjoyment. Such conveyances must first be approved by a majority of the voters. No such corporation may grant, sell, or convey, or convert to other than public use, any lands which have been used by the public as public squares, parks, or places of public resort, without the authorization of the municipality, and no conveyance is valid unless authorized by at least three-fourths of all resident members of the corporation entitled to vote at an annual election of trustees (ibid.).

Rules and regulations. The corporation may make such rules and regulations concerning the use by the public of the lands owned by it as are necessary to preserve the shrubbery, improvements, and grounds generally as places of free public resort and recreation forever (ibid.). Reversion of property.-Upon the dissolution of any such corporation, all its property, real or personal, and all income to which it is entitled are to revert to and become vested in the municipality, to be held

in perpetual trust for the uses and purposes for which they were held by the corporation (ibid.).

Parks. For the better accomplishments of the purposes of a civic improvement corporation, it may plant trees and shrubbery, establish and maintain a public park, a public reading room, and course of lectures, and social and benevolent assemblies, in such manner as will promote the external appearance and the material progress, good order, and health, and social and intellectual culture of the municipality. For the purpose of obtaining and maintaining a public park, the corporation may purchase or receive by gift or devise any land not exceeding 10 acres (ibid.).

GENERAL

Aid to housing authorities. For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of housing projects within the area in which it is authorized to act, any public body may upon such terms, with or without consideration, as it may determine, cause parks, playgrounds, recreational, community, or any other works which it is otherwise empowered to undertake, to be furnished adjacent to or in connection with housing projects (title 55, ch. 14b).

Riparian rights for park. Whenever a public park, place, street, or highway is laid out or provided for, either by or on behalf of the State, or any municipality, or other subdivision thereof, along, over, embracing, or fronting upon any lands of the State now or formerly under tidewater, or whenever a public park, place, street, or highway extends to such lands, the board of commerce and navigation, upon application, may grant to such proper authority the lands of the State now or formerly under tidewater, within the limits of or in front of such public parks, place, street, or highway. The grant must contain a provision that any land so granted shall be maintained as a public park, place, street, or highway, or dock for public use, resort, and recreation, and that no structures are to be erected on the land so granted inconsistent with such public use (title 12, ch. 3).

Liability for personal injuries.-No person maintaining or operating a playground for public use, acquired or maintained for philanthropic purposes and not for profit, shall be liable in damages for accidents happening within the bounds of such playground (title 5, ch. 3, art. 5).

NOTE. Title, chapter, and article references are to Revised Statutes of New Jersey, 1937, and 1938 and 1939 Statute Service.