Bill Text: NJ A4377 | 2012-2013 | Regular Session | Introduced
Bill Title: Prevents county park facility from having primary purpose of hosting private events.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-11-18 - Introduced, Referred to Assembly Housing and Local Government Committee [A4377 Detail]
Download: New_Jersey-2012-A4377-Introduced.html
Sponsored by:
Assemblywoman NANCY F. MUNOZ
District 21 (Morris, Somerset and Union)
SYNOPSIS
Prevents county park facility from having primary purpose of hosting private events.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning private entertainment functions of county park facilities and amending various parts of statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1958, c.94 (C.40:32-7.7) is amended to read as follows:
2. The board of chosen freeholders may preserve, care for, lay out, construct, maintain, improve, and operate any land or real estate it may acquire for use as a public golf course and for such other recreational, playground, or entertainment purposes and activities as it may determine to provide in connection therewith. It may construct, reconstruct, alter, provide, renew, and maintain such buildings or other structures and equipment as it may determine, and provide for the care, custody, and control thereof. Every recreational or entertainment facility constructed on such land or real estate shall be operated primarily for public use, and no contract for the lease or operation of a facility primarily for private commercial and personal events, to which the general public is not permitted to attend, shall be authorized by law.
(cf: P.L.1958, c.94, s.2)
2. Section 10 of P.L.1958, c.94 (C.40:32-7.15) is amended to read as follows:
10. Whenever a board of chosen freeholders which shall have established a public golf course and related recreational facilities pursuant to [this act] section 2 of P.L.1958, c.94 (C.40:32-7.7), deems it to be in the interest of the county so to do, the board may by resolution authorize the leasing of all or any portion of the land and buildings for use by the public as a golf course and such other public recreational, playground or public entertainment purposes and activities as the board may determine. No such lease shall be made for a term in excess of 20 years. No such lease for of all or any portion of the land and buildings may be for the primary purpose of hosting private commercial or personal events to which the general public is not permitted to attend.
(cf: P.L.1958, c.94, s.10)
3. Section 13 of P.L.1946, c.276 (C.40:37-95.13) is amended to read as follows:
13. The commission may:
a. Acquire, maintain and make available to the inhabitants of the county, public parks, playgrounds and recreation places, but no portion of any such public park, recreational place, or playground may be acquired, operated, or maintained for the primary purpose of hosting private commercial or personal events to which the general public is not permitted to attend;
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] section 13 of P.L.1946, c.276 (C.40:37-95.13), 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. Notwithstanding any law to the contrary, no such lease for of all or any portion of the park lands, including concessions and buildings therein, pursuant to this section may be for the primary purpose of hosting private commercial or personal events to which the general public is not permitted to attend.
(cf: P.L.1999, c.30, s.1)
4. Section 14 of P.L.1946, c.276 (C. C.40:37-95.14) is amended to read as follows:
14. 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. Notwithstanding any law to the contrary, no grant by franchise, lease or contract for the use of any park facilities or property to any person for recreational purposes pursuant to this section may be for the primary purpose of hosting private commercial or personal events to which the general public is not permitted to attend.
(cf: P.L.1958, c.56, s.1)
5. Section 1 of P.L.1984, c.174 (C.40:37-146.3) is amended to read as follows:
1. a. Notwithstanding the provisions of any law to the contrary, a county park commission established pursuant to R.S. 40:37-96 et seq. may lease park lands or concessions therein to the highest responsible bidder for the purposes of providing services and facilities required for or incidental to the operation of public parks, playgrounds or recreation places; provided that:
(1) The governing body of the county shall approve the lease, by resolution or ordinance, as appropriate;
(2) Advertisement of the acceptance of bids for the lease is published in a newspaper of general circulation in the county not less than 10 days prior to the award of the lease; and
(3) The period of the lease shall not exceed five years. In awarding the lease, the county park commission may receive a lease price in excess of the amount of any necessarily related administrative expenses.
(4) No such lease for of all or any portion of the park lands, including concessions and buildings therein, may be for the primary purpose of hosting private commercial or personal events to which the general public is not permitted to attend.
b. Notwithstanding the provisions of any law to the contrary, if the responsibilities of, and ownership and occupation of lands by, a county park commission established pursuant to R.S. 40:37-96 et seq. have been transferred to a division, department, agency or instrumentality of a county, the governing body of the county may, by ordinance or resolution, as appropriate, lease park lands or concessions therein to the highest responsible bidder for the purpose of providing services and facilities required for or incidental to the operation of public parks, playgrounds or recreation places; provided that:
(1) Advertisement of the acceptance of bids for the lease is published in a newspaper of general circulation in the county not less than 10 days prior to the award of the lease; and
(2) The period of the lease shall not exceed five years. In awarding the lease, the governing body of a county may receive a lease price in excess of the amount of any necessarily related administrative expenses.
c. Any such lease or concession which shall be conditioned upon the construction or provision of any building, structure or improvement by the lessee or concessionaire may, notwithstanding the provisions of subsection a. and b. above, be for such period of years as shall be agreed upon.
(cf: P.L.1984, c.174, s.1)
6. This act shall take effect immediately.
STATEMENT
This bill would prevent a county board of chosen freeholders or a county park commission from operating or leasing any portion of a county-owned golf course facility with the primary purpose of hosting private commercial or personal events, such as a conference center for professional gatherings, or a banquet hall for weddings and other private celebrations. The authority of a county to establish, operate, and maintain public golf courses for the enjoyment of the general public is not affected by this bill. With respect to counties without established park commissions, the bill clarifies the ambiguous phrase "public recreational, playground or public entertainment purposes," so as to make sure that a county golf facility has a primary function of benefitting the general public and does not use county tax dollars to compete with existing catering hall businesses.
