Chapter 6. Suburban Parks And Recreation

Published: 2015

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Provisions Affecting All Counties


Subchapter II. County Park and Recreation Commissions

§ 610 Creation; membership; terms; qualifications; vacancy.
(a) The county government of any county may establish a permanent county park and recreation commission.
(b) The commission shall consist of 5 members all of whom shall be residents of the county for a period of 3 years immediately preceding their appointments and only 3 of whom shall be affiliated with the same political party. One member shall be recommended by the State Board of Education; 1 in New Castle County shall be a member of the New Castle County Regional Planning Commission; and the remainder shall be members-at-large. All appointments shall be made by the county governments of the respective counties.
(c) One member shall be appointed for a term of 1 year, 1 for 2 years, 1 for 3 years, 1 for 4 years, and 1 for 5 years. Thereafter the terms of each shall be 5 years.
(d) Vacancies occurring by other than expiration of term shall be filled in the same manner as original appointments. This commission shall be appointed within 10 days of the filing of the first petition under this chapter.
9 Del. C. 1953, § 610; 49 Del. Laws, c. 112, § 1; 57 Del. Laws, c. 762, § 4B.;

§ 611 Organization; officers.
Within 10 days after the commission has been appointed the members thereof shall meet and elect a chair. The chair shall be elected by the vote of a majority of all the members and shall serve for a period of 1 year or until the chair's successor is elected.
9 Del. C. 1953, § 611; 49 Del. Laws, c. 112, § 1; 70 Del. Laws, c. 186, § 1.;

§ 612 Powers and duties.
(a) The commission shall provide, maintain, develop and promote recreational areas, facilities and programs throughout the county in which it is situated for the areas forming suburban park communities.
(b) The commission may employ such experts, trained personnel, staff, and if and when 4 or more suburban park communities are established as hereinafter provided, a director of recreation, as the funds provided therefor may permit. It may also employ such supervisors and provide for such recreational promotion as the funds provided under § 654 of this title may permit.
(c) It may initiate, adopt and direct, or cause to be conducted, a comprehensive program of recreation in schools and parks or other lands and buildings either publicly or privately owned and it may buy, sell, acquire or make use of all equipment necessary for such a program as the funds provided therefor may permit. It shall generally supervise, plan and maintain a program of recreation.
(d) The commission may use parks, playgrounds or park areas or any other lands or buildings for recreational purposes.
(e) The commission shall use all expert advice and information available from the state, federal, or other officials, departments and agencies, and shall furnish other agencies, including incorporated communities in the county, the information available.
9 Del. C. 1953, § 612; 49 Del. Laws, c. 112, § 1.;

§ 613 Compensation; expenses.
The members of the commission shall serve without compensation but shall be paid the necessary expenses incurred in the performance of their duties.
9 Del. C. 1953, § 613; 49 Del. Laws, c. 112, § 1.;

§ 614 Rules and regulations.
Subject to the approval of the county government, the commission may adopt such rules and regulations for the administration of its park and recreation programs as it deems necessary and proper.
9 Del. C. 1953, § 614; 49 Del. Laws, c. 112, § 1; 57 Del. Laws, c. 762, § 4B.;

§ 615 Office space.
The county government shall furnish suitable and appropriate office space for the commission.
9 Del. C. 1953, § 615; 49 Del. Laws, c. 112, § 1; 57 Del. Laws, c. 762, § 4B.;

§ 616 Limitation upon authority.
No provision of this chapter shall be construed as intending to confer upon the county government or any park commission or commissioner established or appointed by said county government any power or authority to acquire by condemnation, or otherwise, or to exercise in any manner any power or authority over any lands owned by an incorporated city or town of this State, except pursuant to an agreement executed by the incorporated city or town owning said land and the county government prior to said acquisition.
9 Del. C. 1953, § 616; 49 Del. Laws, c. 112, § 2; 54 Del. Laws, c. 95, § 1; 57 Del. Laws, c. 762, § 4B.;