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Home My WebLink AboutORD-2015-010 Ordinance Amending Chapter 26 - Parks and Recreation ORD-2015-010 • Chapter 26 -PARKS AND RECREATION • ARTICLES I,IL -RESERVED . ��:.�;G�. �� II ��s ��. a��:G��.rrti��.�. • ARTICLE IIL -PARKS AND��RECREATION COUNCIL • DIVISION l.- GENERALLY • Sec.26-91.-Preamble. The county board of commissioners has determined that ��) Planned recreation affords a large percentage of people their only opportunity for a choice as to wholesome recreation and is of great personal and social importance to all, and (b) Adequate recreation lands can be acquired and recreation structures developed by Orange County, and (c) Planned(organized)recreation provides one of the brightest hopes for a continuation and refinement of our democratic way of life, and (d) The cost of planned recreation is relatively low, and (e) Local government involvement gives permanence and continuity to recreation, and �fl Local government money spent for recreation is,in reality,invested in citizens'health and happiness as well as in increased and longer retained real estate values, is a resource to which industry is increasingly drawn, and which gives important help in securing and in holding business,tourists, and other industry in a community, and �g) The nonrevenue producing as well as the self-supporting recreation activities are an actual economy in that they bring about a direct reduction in the cost of policing, crime prevention, operation of emergency and mental health wards (in hospitals) and contribute to other economic facets of the county's health and welfare concerns. (�le��/ �z�'�..� l��7�, ��e�� ", �� c!�!� �..� ��3� • Sec.26-92.-Definition of recreation activities. For the purpose of this article,recreation is defined as those activities which fall within the general classification areas of: The arts; drama; crafts; athletics; sports and games; dance; hobbies; music; nature and outing;reading; writing and linguistic; social recreation; special community events and special activities; volunteer services;recreational travel; and use of leisure time. (�le��/ �z�'�..� 1��7�, ��e�� ", ��", c!/: �..� ��3� • Sec.26-93.-Definition of recreation areas: Structures: County: Manager: Governing body. Council, for the purpose of this article, means the Orange County Parks and recreation Council. County, for the purpose of this article means the County of Orange. Governing body, for the purpose of this article, means the county board of commissioners. Manager, for the purpose of this article, means the county manager, or another person to whom he delegates the administrative duties and responsibilities of the counry. Structures and areas, for the purpose of this article are defined to mean the outdoor and indoor areas and structures on or in which people derive opportunity for the pursuit of happiness through recreation,whether or not these areas and structures are owned,leased,borrowed, controlled, or operated within the boundaries of Orange County. (�:��f ra�'?..wi 1��7�?, �� .", ,�" �.".", c��.'? wi 1��7��r • Sec.26-94.-Powers, general. It is a basic function of the Orange County Department of Environment, Agriculture,Parks, and Recreation to promote recreation for its residents and,in so doing,is authorized to aid and assist agencies pursuant to policies recommended by the council and accepted by the county which include public,private, commercial,those which are quasi-public in character,those which, although public in nature, are not under the counry's governing body(such as schools, churches,hospitals, military installations, orphanages, commercial recreation,business and industrial agencies), and civic, neighborhood and service groups in their recreation interests and needs. (�le��/ �z�'�..� 1��7�, ��e�� ", ��9, c�f� �� 1��7�} • Secs.26-95-26-114.-Reserved. • DIVISION 2.-RECREATION COUNCIL • Sec.26-115.- Creation; name; number of inembers. There is hereby created an Orange County Parks and Recreation Council composed of 12 residents of Orange County, to be known as the Orange County Parks and Recreation Council. (�le��/ �z�'�..� l��7�, ��e�� "�"; ,�� 9, c�f� �� l��7�} Editor's note— By March 6,2008 Board of Commissioner action the Department of Recreation and Parks was renamed as the Department of Parks and Recreation. Consequently the Recreation and Parks Council is referred to as the Parks and Recreation Council. By subsequent Board action dated April 13,2010, the Department of Recreation and Parks was merged with the Department of Environment and Resource Conservation(including the Soil and Water Conservation District Off'ice) and renamed as the Department of Environment,Agriculture,Parks and Recreation(DEAPR) effective April 1, 2010. • Sec.26-116.- Council; �owers and duties. The council shall serve as the advisory body for the department of parks and recreation. The Council's powers and responsibilities shall be as those powers and responsibilities are stated in the Orange County Board of County Commissioners Advisory Board Policy and the Parks and Recreation Council Policies and Procedures (the"Applicable Policies"), and as those Applicable Policies may be amended from time to time. (�:��f ra�'?..wi l��7�?, �� .".", 5" fi.", c'�/:? wi l��7��r • Sec.26-117.-A��ointment of the Council. Each member of the Council shall be a county resident appointed by the county board of commissioners. The county parks and recreation council shall be composed of seven members representing the seven townships in Orange County,plus one each from the cities of Chapel Hill, Carrboro, and Hillsborough with the remaining two members at-large. (�le��/ �z�'�..� 1��7�, ��e�� "�", �� 9�"�", cJf� � � 1�7��.°;�o-��zr�/ �a!'� �..��l�l�,�ff '� �..�QQ�} • Sec.26-118.-Length of a��ointment. Each member shall be appointed as provided in the Applicable Policies. (�:��f ra�'?..wi 1��7�?, �� .".", ,�" fi.".".", c'�/:? wi �`��7��r • Sec.26-119.-Meetings. Council meetings shall be held as provided in the Applicable Policies. (�:��f ra�'?..wi l��7�?, �� .".", 5"."�', c'�/:? wi l��7��r • Sec.26-120.-Vacancies. Vacancies in the Council shall be filled as provided in the Applicable Policies. (�le��/ �z�'�..� l��7�, ��e�� "�"; ,��', c�f� �� l��7�} • Sec.26-121.- Com�ensation. Council members shall serve without monetary compensation. (�:��f ra�'?..wi 1��7�?, �� .".", 5"�'.", c'�/:? wi 1��7��r • Sec.26-122.-By-laws. The only by-laws of the council shall be as reflected in the Applicable Policies. (�:��f ra�'?..wi 1��7�?, �� .".", ,�" �'.".", c'��.'? wi 14�7��r • Secs.26-123-26-142.-Reserved. • DIVISION 3.-DEPARTMENT OF PARKS AND RECREATION FOOT`NOTE(S): ---(3)--- Editor's note—By Board of Commissioner action dated April 13,2010,the Department of Recreation and Parks (renamed to Department of Parks and Recreation by Board of Commissioner action on March 6,2008) was merged with the Department of Environment and Resource Conservation(including the Soil and Water Conservation District Office) and renamed as the Department of Environment, Agriculture,Parks and Recreation(DEAPR) effective April 1,2010.Please contact the Director of the Department of Environment, Agriculture,Parks and Recreation at(919)245-2510 for more information. • Sec.26-143.- Creation of the de�artment of�arks and recreation. There is hereby created a department to be known as the department of parks and recreation,which shall function directly under the county manager. (�:��f ra�'?..wi 1��7�?, �� .".".", ,�"�'.".".", �';�� ' wi �`��7��r • Sec.26-144.-Parks and recreation de�artment; �owers and duties. The department of parks and recreation shall have complete supervision of the structures, areas, and all activities conducted on or connected with the parks,playgrounds,water areas,athletic fields,recreation centers, and other recreation facilities which are provided; shall have the power to conduct any wholesome form of recreation or cultural activity on or about these premises; shall have the power to develop and enforce regulations as to use and as to fees and charges for areas,structures or activities of the department. (�:��f ra�'?..wi 1��7�?, �� .".".", ,�"�'."fi, �'�� ' wi �`��7��r • Sec.26-145.-Director of�arks and recreation. The position of director of parks and recreation is hereby created. The position is merged with that of director of the Department of Environment,Agriculture,Parks, and Recreation. The position,together with any future changes thereto, shall be subject to Chapter 28 of the Orange County Code of Ordinances. (�:��f ra�'?..wi 1��7�?, �� .".".", ,�"�'�, c�%:? wi �`��7��r • Sec.26-146.-Powers and res�onsibilities of the director of�arks and recreation. The director of parks and recreation shall have those powers and responsibilities as determined by the Orange County Manager. (�:��f ra�'?..wi 1��7�?, �� .".".", ,�"�'�.", c'�� ' wi �`��7��r • Sec.26-147.-Re�orts. The director of parks and recreation shall make such reports as may be deemed necessary by the county. The director shall prepare the department's annual budget,which shall be submitted to the parks and recreation council,for its consideration before it is submitted to the manager. (�:��f ra�'?..wi 1��7�?, �� .".".", ,�"�'�.".", �';!/ ' wi 1��7��} • Secs.26-148-26-167.-Reserved. • DIVISION 4.-FINANCE • Sec.26-168.- Grants, gifts, requests and other contributions. All offers to the county of gifts, grants,leases,loans,bequests or devices of personal and real properry for recreation purposes shall be referred to the parks and recreation council for its consideration.The council shall recommend,to the board of commissioners, acceptance or rejection of the offer.The county shall be empowered pursuant to G.S. 160A-353(6)to accept any such gift and hold any property accepted subject to such terms and conditions as may be imposed by the grantor, except that the county may not accept or administer any terms that require it to discriminate among its citizens on the basis of race, sex or religion. (�le��/ �z�'�..� 1��7�, ��e�� "9', ,��'9�"�"�; c!! � �..��3) • Sec.26-169.-Budget request, a��ro�riated monies and revenue�roducing activities. The annual budget shall be submitted according to Orange County budgetary processes. (�:��f ra�'?..wi 1��7�?, �� ."fi', ,�"�'."�', �'�� ' wi �`��7��r • Sec.26-170.-Disbursement. The funds appropriated by the board of commissioners shall be administered by the county finance officer in the same manner as are funds for other departments of the county and in compliance with the Local Government Fiscal Control Act. (�:��f ra�'?..wi 1��7�?, �� ."fi', ,�"�'�', c'�/:? wi �`��7��r • Secs.26-171-26-190.-Reserved. • DIVISION 5.-PLANNING AND COORDINATION • Sec.26-191.-Planning and coordination. The Department of Environment, Agriculture,Parks, and Recreation shall take the necessary steps to create a long-range plan for the proper and adequate acquisition of recreation areas, and the development of recreation facilities, structures and programs for the present and future needs of all citizens of the county. In such a process the leisure wishes and needs of all citizens will be studied from the standpoint of their best potential recreation uses in order that the county may realize fully its recreation resources. In making this study,the economic values and functional efficiency of the areas and facilities shall be considered. Opportunity for cooperation and coordination between existing municipal recreation agencies and voluntary agencies within the county will be provided in order to avoid duplication of program services and functions. (�:��f ra�'?..wi 1��7�?, �� fi, ,�" �'�'.", c'�/:? wi �`��7��r