N.J. Stat. tit. 40, ch. 61

N.J. Stat. tit. 40, ch. 61
in effect

N.J. Stat. § 40:61-1 General powers; acquisition of property

The governing body of any municipality may: Parks, playgrounds, beaches and resorts. a. Acquire, lay out, improve, embellish and maintain, within and without the municipality, such public parks, squares, open spaces, playgrounds, beaches, water fronts and places for public resort and recreation, and also streets, avenues, boulevards and parkways leading to and connecting the same, as it may deem advisable, and extend and enlarge the same, or any of them; and for such purposes, acquire, in fee or less estate, and by gift, devise, purchase or condemnation, any real estate, improved or unimproved, or interest therein, within or without the municipality, suitable therefor; Pavilions and other buildings. b. Construct therein and thereon pavilions, stands, shelters, and all other suitable buildings and structures, and equip the same with all suitable apparatus and furniture; Recreation piers. c. Acquire, by lease, gift, devise, purchase or condemnation, one or more docks, wharves or piers within the municipality to be used for public recreation, in whole or part; construct docks, wharves or piers for such purpose and use, and acquire the real estate and rights necessary therefor, by gift, devise, purchase or condemnation; Lakes and ponds; beautify banks. d. Acquire by lease, gift, devise, purchase or condemnation, lakes, ponds, streams and other waters and the lands covered thereby, rights of flowage, and other rights therein, and the banks, and shores thereof; and convert the same into public parks and places for resort and recreation; improve and embellish the same; construct dams and other means of impounding waters to create artificial lakes and ponds for places of public resort and recreation; and construct suitable buildings and structures in and upon such lands; Music. e. Provide music in the public parks, recreation grounds, and public places of the municipality; Rules and regulations posted. f. By ordinance make and enforce rules and regulations for the government, use and policing of all such public parks, open spaces, playgrounds, beaches, water fronts and places for public resort and recreation and to provide penalties for violations thereof. All such rules and regulations shall be conspicuously posted in all places where effective; Lease of public places. g. Lease, for any term not exceeding five years, any part of any public resort and recreation place owned by the municipality and any building thereon, or part thereof, not presently needed for such use; and, Lease of concessions; advertisement for bids; terms of lease. h. Let out and rent any privilege in any of its parks, beaches, water fronts and places for public resort and recreation, to the highest responsible bidder therefor, after advertisement of the time and place of such letting, at least ten days prior to the receipt of bids, in a newspaper circulating in the municipality, and upon such terms and conditions as it may prescribe. Upon the violation of the terms upon which any lease or privilege is granted, the same shall become void, and said governing body may so declare, and may re-enter any place so leased and prevent the exercise of the privilege so forfeited.

N.J. Stat. § 40:61-2 Sale or donation of park lands to state; reversion by nonuse; provisos

The governing body may sell, or give to the state of New Jersey, for military or armory purposes, or both, any real estate heretofore or hereafter acquired by the municipality for park purposes, and in the judgment of the governing body not needed therefor, and may cause to be executed good and sufficient conveyance or conveyances therefor. The municipality may impose as a condition of such sale or gift and conveyance a covenant that if the state shall cease to use the real estate for military or armory purposes for two consecutive years, it shall forthwith revert to and become vested in the municipality upon payment by the municipality to the state of the value of the improvements thereon at the time of reversion, but such reversion for nonuse shall not occur, if the nonuse is occasioned by, or occurs during the time the United States or this state is engaged in war, or the suppression of rebellion or armed insurrection. Should the municipality and the state be unable to agree upon the value of the improvements, it shall be determined by two appraisers, one to be appointed by the governor and one by the municipality, and if they are unable to agree, they shall select a third and the decision of said appraisers shall be final.

N.J. Stat. § 40:61-3 Return of certain unused lands to municipality by park commissions

Whenever any municipality has, prior to April seventh, one thousand nine hundred and thirty-one, transferred to any park commission the care, custody and control of any land which has been acquired subject to a right of way for public or private use and has been dedicated for park purposes and whenever such park commission shall determine and declare that such land or portions thereof has never been used for and is not necessary or desirable for park purposes and that it is for the public interest that the care, custody and control of such land so acquired and dedicated, or of any portion thereof, should be returned to the municipality, the park commission may, by resolution, return to such municipality the care, custody and control of such land, or of any portion thereof, if the municipality shall by resolution consent to the return to it by the park commission of the care, custody and control of such land or of such portion or portions thereof, on the terms and conditions, if any, imposed by the park commission, which consent such municipality is hereby authorized to give. The governing body of such municipality, or body politic, having the legal title or an interest in and to such land, may by resolution sell and convey, or lease such lands or a portion thereof, upon such terms as such governing body or body politic may by resolution fix and determine, and in such case, the conveyance or lease thereof shall be made and executed by the proper officers of the municipality or body politic having the legal title or interest in and to such land.

N.J. Stat. § 40:61-4 Entertainments to raise funds for improvement and maintenance; no charge for children

The body in control of any playground or place of public resort and recreation of any municipality, in order to provide funds for improving, maintaining and policing thereof, may hold outdoor exhibitions, concerts, games and contests therein, and charge and collect reasonable admission fees for entrance thereto, while in use for any such purpose. No such playground or place of resort and recreation shall be so used on more than two days, nor more than eight hours in all, in any one week, and no admission fee shall be charged or collected from children under twelve years of age.

N.J. Stat. § 40:61-5 Use by school children; admission fee; exceptions

The body or authority having control of any public park, playground or other public place or property in any municipality may permit the same or part thereof to be used for athletic purposes or as playgrounds by the pupils of the public schools of the municipality and the public generally, subject to such reasonable regulations as may be prescribed by the body or authority having control thereof. The board of education of the school district coextensive with the municipality may charge and collect a reasonable admission fee from each person entering such park, playground or place of public resort and recreation, or part thereof, for the purpose of witnessing any athletic contest or game wherein the pupils of the public schools may be contestants or participants, but only where the admission fees so charged and collected are used in furtherance and maintenance of athletics and athletic purposes in the public schools of the municipality, and have first been approved by the authority having control of such park, playground and place of public resort and recreation, or part thereof, used for athletic purposes. No such park, playground or place or part thereof shall be so used for any athletic game or contest for which an admission fee is to be charged on more than two days, nor more than eight hours in all, in any one week. This section shall not apply to any county park situated in any municipality.

N.J. Stat. § 40:61-6 Library, art gallery and museum in parks; site; control

A public library, art gallery, or museum, may be constructed or maintained in any public park or square in any municipality. The board or body having control of such park or square shall designate the part thereof upon which any such building may be constructed or maintained. The building shall be managed and controlled by the board or body charged with the care and maintenance thereof.

N.J. Stat. § 40:61-7 Memorial buildings in parks; ordinance authorizing; referendum

In case any municipality shall have heretofore acquired or shall hereafter acquire by purchase, gift, devise, dedication or otherwise any lands or property for the purposes of a public park and place of public resort for recreation to be kept and remain open and unobstructed as a public park, it may erect or permit to be erected upon any part of the lands of such park not needed for a public park and place of public recreation a memorial building or buildings to be used for public uses and purposes. The ordinance or resolution of the governing body providing therefor shall, before it becomes effective, be submitted to the legal voters of the municipality for their approval, at a special election to be held for that purpose.

N.J. Stat. § 40:61-8 Referendum; notice and publication

The municipal clerk shall give public notice of the time, place and object of the special election by advertisement set up at least ten days prior thereto, in at least ten public places in the municipality, and also by publishing it in a newspaper circulating within the municipality, at least ten days prior to the election.

N.J. Stat. § 40:61-9 Conduct of election

The election shall be by ballot and shall be conducted by the election officers of the municipality at the regular polling places, and shall in all respects conform to the requirements of the general laws relating to elections.

N.J. Stat. § 40:61-10 Ballot; form and content; ordinance adopted

The proposition shall be printed upon the official ballots in substantially the following form: "To vote upon the public question printed below, if in favor thereof mark a cross (X) or plus (+) in the square at the left of the word YES, and if opposed thereto mark a cross (X) or plus (+) in the square at the left of the word NO. ] YES "Shall the ....................... (here insert the title of the ordinance or [ ] NO proposition) be adopted?" If the majority of the votes cast at the election shall be in favor of the ordinance or proposition, it shall be adopted and become effective.

N.J. Stat. § 40:61-11 Relocation of streets or railways; cost; exchange of lands

Wherever any highway, railroad or street railway runs through or across any public park, or public place for resort or recreation of any municipality, or any lands of any municipality acquired therefor, the body having control of such parks or lands may make an agreement with the body having control of any such highway, and with the company owning the railroad, or street railway, to change the course or location of such highway, railroad or railway, and to agree as to payment of the cost of such change. Upon execution of such agreement, the municipality may grant and convey to such body having control of the highway or to the company owning the railroad or railway, a right of way over the lands of such changed location, and the body in control of the highway, or the company owning the railroad or railway shall in like manner grant and convey to the municipality all its interest in the lands of the former location of said highway, railroad or street railway. Upon execution and delivery of such conveyances, the body in control of the highway, or the company owning the railroad or railway, may locate, lay out, construct, operate and maintain its highway, railroad, or street railway upon the lands of the changed location, and connect and operate with the remaining portion of its highway, railroad or street railway in accordance with the agreement and shall possess all the powers with respect to the changed location as it had in the former location, and the same shall be subject to all the obligations and limitations imposed thereon in the former location. All the rights, privileges and powers of the body in control of the highway, or of the company owning the railroad or street railway, in the lands of the former location shall be transferred to and vested in the municipality.

N.J. Stat. § 40:61-12 Ordinances regulating railways in and through parks

No steam, or other railroad or railway, shall be laid, or maintained or operated upon or over any part of any of the parks, open spaces, public squares, beach fronts, water fronts, playgrounds, and other places for resort and recreation of any municipality, and of the boulevards or parkways leading thereto, and connecting the same, except at such places and in such manner as the governing body shall, by ordinance, designate and approve.

N.J. Stat. § 40:61-13 Park lands held by trustees; agreement with trustees; enforcement

When a park or public place, the title of which is in trustees, is within the corporate limits of a municipality, the governing body of such municipality may enter into an agreement with such trustees, as a consideration in whole or in part for a conveyance of the park to the municipality, providing for the expenditure of not less than a designated sum annually for the maintenance, upkeep and improvement thereof, to be specified in such agreement, as arranged upon between the parties, and thereupon accept a conveyance of such park subject to the conditions under which such trustees hold the same, provided such trustees have power to make such conveyance. After the making of such conveyance the agreement shall continue to be binding upon the municipality and may be enforced by appropriate civil action or proceeding in lieu of prerogative writ instituted by any of the grantors in the deed, or their heirs or legal representatives or of any taxpayer resident in the municipality. Amended by L.1953, c. 37, p. 712, s. 209, eff. March 19, 1953.

N.J. Stat. § 40:61-14 Contribution to maintenance of park lands held by trustees

Any such municipality, without taking title to such park may appropriate such sum or sums of money as the governing body shall think proper for the maintenance of roads, paths, lakes, bridges, planting of trees, flowers and shrubbery, the erection of shelters, stands, rest houses, seats, and provisions for the comfort and convenience of the persons using the park, but money so appropriated shall be used and expended by the proper officer of the municipality under the direction of the appropriate committee of the governing body thereof, subject to the approval of the trustees of the park.

N.J. Stat. § 40:61-15 Conveyances of burial grounds to municipalities for parks

Any religious corporation which prior to July fourth, one thousand nine hundred and five, had acquired lands in this state on condition that the same be used for burial or cemetery purposes and for no other purpose and prior to the date herein above mentioned the care of such burial grounds had become a burden to such corporation, and the same had become a hindrance to the development of thickly populated areas, may convey such lands in fee simple to the municipality in which the same may be situate for the uses and purposes of a public park or parks.

N.J. Stat. § 40:61-16 Burial grounds conveyed; acceptance and use by municipality

Any municipality may receive, hold and maintain any lands so conveyed, and embellish and improve the same, from time to time, for the purposes of a public park or parks.

N.J. Stat. § 40:61-17 Recreation commission; creation

The governing body of any municipality may create a commission of three persons to be known and designated as the recreation commission of (name of municipality) with power and authority to arrange and provide for the giving of indoor and outdoor exhibitions, concerts, games, contests and sporting events and to charge and collect a reasonable admission fee for each person admitted to any of these divertisements.

N.J. Stat. § 40:61-18 Commissioners; term and compensation

The commissioners appointed to the recreation commission in any municipality shall hold office for such period of time and receive such compensation as may be prescribed by the governing body of the municipality.

N.J. Stat. § 40:61-19 Recreation commissioners; powers

For the purpose of arranging and providing for the things enumerated in section 40:61-17 of this title, the commission may: a. Purchase or otherwise acquire, in its own name, such lands either improved or unimproved, in fee or otherwise, as may be necessary; b. Improve or cause the same to be improved; c. Lay out or cause to be laid out all necessary roads, paths, tracts and boulevards; d. Construct or cause to be constructed on the lands so acquired such buildings or other structures as may be deemed necessary to enable the commission to properly and adequately arrange and provide for the giving of the aforesaid divertisements; and e. Improve, maintain and police the same.

N.J. Stat. § 40:61-20 Bond issue; state and federal aid

The commission may, in the manner provided by article 1 of chapter 1 of this title (s. 40:1-1 et seq.), borrow money and incur other indebtedness and issue its bonds for the purpose of carrying out the objects of sections 40:61-17 to 40:61-22 of this title. The bonds so issued shall not be the obligations of the municipality creating such commission but shall be the obligations of the commission and shall constitute a lien on the property acquired by the commission. If the commission shall obtain the moneys needed by it for the purposes of effectuating the objects hereof from any agency of the state or federal government, it may sell its bonds directly to such state or federal agency, and the proceeds of the sale of the bonds, after deducting expenses for negotiating the same and for engraving, and all other expenses connected with their issue and sale, shall be paid over to the commission.

N.J. Stat. § 40:61-21 Lease of premises for contests and exhibitions

The commission may lease, let, rent or hire to any person the lands and buildings, or any part thereof, acquired by it, together with the privilege of using the same for the giving of indoor and outdoor exhibitions, games, contests and sporting events, for such periods of time, and upon such terms and conditions, as the commission may prescribe.

N.J. Stat. § 40:61-22 Rules and regulations; quorum

The commission may make all the necessary rules for its regulation and to generally supervise and control all activities sponsored or arranged and provided for by it under sections 40:61-17 to 40:61-21 of this title. Two commissioners shall constitute a quorum and may do all necessary and proper acts with the same force and effect as if the entire commission so acted.

N.J. Stat. § 40:61-22.1 Conveyance of land to county park commission

When a municipality shall have purchased or otherwise acquired land for park use, or for other public use or uses, which, in the opinion of the governing body of such municipality, is no longer required for the public use of such municipality, such governing body may, by ordinance, authorize and direct its proper officers to grant and convey by deed, under the corporate seal of the municipality, said land or any part thereof with an absolute and unrestricted title thereto, and for a nominal consideration, to any county park commission established by law within the county wherein said land is situate; provided, however, such county park commission shall consent to such grant and conveyance, which consent such county park commission is hereby authorized to give. Amended by L.1966, c. 224, s. 1, eff. Aug. 10, 1966.

N.J. Stat. § 40:61-22.2 Sale of reclaimed lands abutting park lands

Whenever a municipality has reclaimed lands under water, fronting or abutting park lands and such reclaimed lands have been bulkheaded and filled and are now used for park purposes, the municipality may sell any part or parts, parcel or parcels of park lands not so reclaimed whether contiguous or not contiguous to such reclaimed park lands; provided, that the total area of park land so sold shall not exceed in area the area of such reclaimed lands. L.1938, c. 87, p. 205, s. 1. Amended by L.1938, c. 203, p. 484, s. 2, eff. May 18, 1938.

N.J. Stat. § 40:61-22.3 Public sale to highest bidder; advertisement; minimum price; adjournment

All such sales shall be by public sale to the highest bidder, after public advertisement thereof in a newspaper circulating in the municipality in which such lands are situated, by two insertions at least once a week during two consecutive weeks, the last publication to be not more than seven days prior to the sale. The governing body of the municipality may by resolution fix a minimum price at which any such land may be sold at public sale, said minimum price to be included in the advertisement of sale of said lands, and public notice thereof given at the time of sale. Such sales may be adjourned at the time advertised, for not more than one week, without readvertising. L.1938, c. 87, p. 205, s. 2, eff. April 4, 1938.

N.J. Stat. § 40:61-22.4 Lease of lands when fixed minimum price not bid

In the event that there shall be no bids or the amount bid at such public sale shall not equal the minimum price fixed by resolution of the governing body, then the municipality in lieu of making sale thereof is authorized to lease said lands for a term not exceeding thirty years, at such rental and upon such conditions, terms and limitations as shall be determined upon by resolution of the governing body of such municipality. L.1938, c. 87, p. 206, s. 3, eff. April 4, 1938.

N.J. Stat. § 40:61-22.5 Use of proceeds of sale or lease

The proceeds of the sale or leasing of any property under this act shall be used for the retiring of any bonds issued for the purchase or improvement of such property or to reduce taxes. L.1938, c. 87, p. 206, s. 4, eff. April 4, 1938.

N.J. Stat. § 40:61-22.6 Public golf course and other recreational facilities; acquisition of property

1. The governing body of any municipality may lease, or may acquire, in fee or less estate, by gift, devise, grant or purchase any land or real estate and rights therein, improved or unimproved, within or without the municipality, for use as a public golf course, and for such other recreational, playground, or public entertainment purposes and activities as it may determine to provide in connection therewith. L.1945, c. 282, p. 830, s. 1, eff. May 2, 1945.

N.J. Stat. § 40:61-22.7 Maintenance, improvement and operation; buildings, structures and equipment

The governing body of any municipality 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. L.1945, c. 282, p. 830, s. 2, eff. May 2, 1945.

N.J. Stat. § 40:61-22.8 Taxes and bonds

The money necessary to pay for the lands, rights, or interest therein acquired for a public golf course and for such other recreational, playground, or public entertainment purposes and activities as the governing body of the municipality may determine, and for improving and equipping the same may be raised by taxation or by the issuance of permanent or temporary loan bonds, or by both taxation and the issuance of bonds. Such bonds shall be issued in accordance with the provisions of article one of chapter one of Title 40 of the Revised Statutes (s.s. 40:1-1 et seq.). Such bonds may be regarded as having been authorized for a self-liquidating purpose, and the provisions of sections 40:1-77, 40:1-78 and 40:1-79 of the Revised Statutes shall apply to such bonds, except that the Local Government Board shall make the determinations therein required of the Board of Public Utility Commissioners. L.1945, c. 282, p. 831, s. 3, eff. May 2, 1945.

N.J. Stat. § 40:61-22.9 Commission to supervise and control

The governing body of any municipality may provide by ordinance for the appointment of a board of commissioners to consist of not more than five residents of the municipality who shall have general supervision and control over the maintenance, operation, and regulation of any such public golf course, and of all forms of recreation, playground, and public entertainment activities carried on in connection therewith. The members of such commission shall serve without compensation but their necessary expenses shall be allowed and paid by the municipality. L.1945, c. 282, p. 831, s. 4, eff. May 2, 1945

N.J. Stat. § 40:61-22.10 Appropriation by governing body

The governing body of any municipality may annually appropriate money to be raised by taxation to develop, maintain, and operate a public golf course and all forms of recreation, playground, and public entertainment activities carried on in connection therewith. L.1945, c. 282, p. 831, s. 5, eff. May 2, 1945.

N.J. Stat. § 40:61-22.11 Fees, rents and charges

The governing body of any municipality may establish, charge, and collect reasonable fees, rents or other charges for admission to, use or enjoyment of any property developed or used in whole or in part for a public golf course. And it may establish, charge, and collect reasonable fees, rents or other charges for any recreational privilege, entertainment, or other activity conducted on said premises or any part thereof. L.1945, c. 282, p. 832, s. 6, eff. May 2, 1945.

N.J. Stat. § 40:61-22.11a Municipal golf courses

Any municipality which has received federal or State funds for the acquisition or development of public golf courses and which offers reduced senior citizen rates to its residents may allow any resident of the State 62 years of age or older to use these golf courses at the reduced rate. L. 1988, c. 178, s. 1.

N.J. Stat. § 40:61-22.12 Rules and regulations

The governing body of any municipality may by ordinance make, alter, amend, and repeal rules and regulations for the supervision, regulation and control of all activities carried on, conducted, sponsored, arranged, or provided for in connection with a public golf course, and for the protection of property, and may prescribe and enforce fines and penalties for the violation of any such rule or regulation. L.1945, c. 282, p. 832, s. 7, eff. May 2, 1945.

N.J. Stat. § 40:61-22.13 Actions for violations; enforcement of rules

The magistrate having jurisdiction over actions for the violation of other municipal ordinances shall have jurisdiction in actions for the violation of any such rule or regulation. The rules and regulations shall be enforced by the same proceedings and processes, and the practice for the enforcement thereof shall be the same as that provided by law for the enforcement of other ordinances of the municipality. L.1945, c. 282, p. 832, s. 8, eff. May 2, 1945.

N.J. Stat. § 40:61-22.14 Fines and penalties; part of municipal funds

All moneys collected either as fines or penalties for violation of a rule or regulation shall become part of the funds of the municipality. L.1945, c. 282, p. 832, s. 9, eff. May 2, 1945.

N.J. Stat. § 40:61-22.15 Lease of lands and buildings acquired for public golf course and other recreational uses

Whenever any municipality has acquired by purchase any land within or without the municipality for use as a public golf course and for such other recreational, playground or public entertainment purposes and activities as it may determine to provide in connection therewith pursuant to the act to which this act is a supplement, and the governing body of such municipality has abandoned such use of the same and shall deem it not to be to the advantage of the municipality that the same shall be operated by the municipality, said governing body may, pursuant to ordinance, lease all or any portion of such land with any buildings erected thereon for use as a public golf course and for such other public recreational, playground or public entertainment purposes and activities, as it may determine the same may be used for in connection with such use as a public golf course, for a term not to exceed twenty years. L.1952, c. 320, p. 1042, s. 1, eff. June 18, 1952.

N.J. Stat. § 40:61-22.16 Bids for leases

Any lease executed hereunder shall be upon competitive bids following public advertisement therefor, in a newspaper circulating in the municipality, at least once, not less than twenty days prior to the receipt of bids. The advertisement shall designate the time and place of a meeting of the governing body at which the bids shall be received. At such time and place, the governing body, or any committee thereof having authority to do so, shall receive sealed bids and immediately proceed to unseal them and publicly announce the contents thereof. A record of the rentals, other consideration and terms offered shall be made in the minutes of the governing body for each bid. No bid shall be received previous to the hour designated in the advertisement and none shall be received thereafter. The lease shall be awarded to the highest responsible bidder. L.1952, c. 320, p. 1043, s. 2, eff. June 18, 1952.

N.J. Stat. § 40:61-22.17 Power conferred is additional

The power conferred in this act is in addition to those given by any other law or laws. L.1952, c. 320, p. 1043, s. 3, eff. June 18, 1952.

N.J. Stat. § 40:61-22.18 Cities within first class counties; streets through public parks; widening streets

In any city located within the territorial limits of a county of the first class the governing body of such city is authorized by ordinance to establish, lay out and open a public street through any public park located in a business area of, and belonging to, such city, and to appropriate and make use of any portion of such public park for the widening of existing streets adjoining the same in order to provide an additional space for the operation and parking of vehicles, or other highway use, whenever the said governing body shall determine that traffic conditions in the said area warrant the establishment of such new street or the widening of an existing street. L.1954, c. 269, p. 995, s. 1, eff. Jan. 12, 1955.

N.J. Stat. § 40:61-22.19 Rights, liens, interests, reversionary claims or easements in park; acquisition by city

In the event that the said public park should be subject to any rights, liens, interests, reversionary claims or easements, the governing body is hereby authorized to acquire the same or the title in fee by purchase, gift or eminent domain, in the name of the city and the procedure for condemnation thereof shall be taken in accordance with the provisions of chapter 1, Title 20, of the Revised Statutes. L.1954, c. 269, p. 995, s. 2, eff. Jan. 12, 1955.

N.J. Stat. § 40:61-22.20 Municipal control over beaches, etc., fees.

1. a. The governing body of any municipality bordering on the Atlantic Ocean, tidal water bays or rivers which owns or shall acquire, by any deed of dedication or otherwise, lands bordering on the ocean, tidal water bays or rivers, or easement rights therein, for a place of resort for public health and recreation and for other public purposes shall have the exclusive control, government and care thereof and of any boardwalk, bathing and recreational facilities, safeguards and equipment, now or hereafter constructed or provided thereon, and may, by ordinance, make and enforce rules and regulations for the government and policing of such lands, boardwalk, bathing facilities, safeguards and equipment; provided, that such power of control, government, care and policing shall not be construed in any manner to exclude or interfere with the operation of any State law or authority with respect to such lands, property and facilities. Any such municipality may, in order to provide funds to improve, maintain and police the same and to protect the same from erosion, encroachment and damage by sea or otherwise, and to provide facilities and safeguards for public bathing and recreation, including the employment of lifeguards, by ordinance, make and enforce rules and regulations for the government, use, maintenance and policing thereof and provide for the charging and collecting of reasonable fees for the registration of persons using said lands and bathing facilities, for access to the beach and bathing and recreational grounds so provided and for the use of the bathing and recreational facilities, but no such fees shall be charged or collected from children under the age of 12 years. b. A municipality may by ordinance provide that no fees, or reduced fees, shall be charged to: (1) persons 65 or more years of age; (2) persons who meet the disability criteria for disability benefits under Title II of the federal Social Security Act (42 U.S.C. s.401 et seq.); (3) persons in active military service in any of the Armed Forces of the United States and to their spouse or dependent children over the age of 12 years; (4) persons who are active members of the New Jersey National Guard who have completed Initial Active Duty Training and to their spouse or dependent children over the age of 12 years. As used in this paragraph, "Initial Active Duty Training" means Basic Military Training, for members of the New Jersey Air National Guard, and Basic Combat Training and Advanced Individual Training, for members of the New Jersey Army National Guard; (5) persons who have served in any of the Armed Forces of the United States and who were discharged or released therefrom under conditions other than dishonorable and who either have served at least 90 days in active duty or have been discharged or released from active duty by reason of a service-incurred injury or disability. The Adjutant General of the New Jersey Department of Military and Veterans' Affairs shall promulgate rules and regulations pertaining to veteran eligibility under this paragraph; and (6) persons holding a driver's license or identification card with a Gold Star Family designation issued pursuant to section 1 of P.L.2013, c.165 (C.39:3-10f6) or section 2 of P.L.1980, c.47 (C.39:3-29.3), respectively. c. A municipality providing for no fees or reduced fees pursuant to paragraph (3), (4), (5), or (6) of subsection b. of this section shall track, in a manner deemed appropriate by the governing body of the municipality, the number of persons who qualify under the provisions of those paragraphs. d. A person who qualifies for free access to beaches and bathing and recreational grounds and free use of bathing and recreational facilities pursuant to paragraph (3), (4), (5), or (6) of subsection b. of this section may, in lieu of obtaining and presenting a municipal beach tag or similar admission pass to gain such access and use, present a DD-214, DD-215, or DD-256 form as issued by the federal government, NGB-22 or other approved separation forms as outlined by all branches of the Armed Forces, a county-issued veteran identification card pursuant to P.L.2012, c.30 (40A:9-78.1 et seq.), a veteran identification card as issued by the United States Department of Veterans Affairs under the "Veterans Identification Card Act of 2015," (38 U.S.C. 5706) or similar document, or State driver's license or identification card indicating that the holder is a veteran of the Armed Forces of the United States or a Gold Star Family member. e. A municipality that issues a permit to operate a motorized vehicle on a beach shall not charge a disabled veteran a fee to obtain, replace, or renew the permit. For purposes of this section, "disabled veteran" means any resident of the State who has been honorably discharged or released under honorable circumstances from active service in any branch of the Armed Forces of the United States and who has been declared by the United States Department of Veterans Affairs, or its successor, to have a service-connected disability of any degree. L.1955, c.49, s.1; amended 1992, c.195; 2011, c.75, s.1; 2013, c.240; 2015, c.205; 2017, c.175, s.8; 2019, c.398, s.1; 2019, c.500, s.7.

N.J. Stat. § 40:61-22.21 Swimming pools and other recreational facilities

The governing body of any municipality may acquire, establish, construct, own or lease, control, equip, improve, maintain, operate and regulate one or more public swimming pools and such other recreational, playground, or public entertainment activities as it may determine to provide in connection therewith, and for any such purpose or purposes 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. L.1957, c. 166, p. 596, s. 1, eff. July 22, 1957. Amended by L.1971, c. 334, s. 2, eff. Dec. 6, 1971.

N.J. Stat. § 40:61-22.22 Acquisition of property

The governing body of any municipality may lease, or may acquire, in fee or less estate, by gift, devise, grant or purchase, any land or real estate and rights therein, improved or unimproved, within the county in which such municipality is located, for use as a public swimming pool and for such other recreational, playground, or public entertainment purposes and activities as it may determine to provide in connection therewith. L.1957, c. 166, p. 596, s. 2, eff. July 22, 1957. Amended by L.1971, c. 334, s. 3, eff. Dec. 6, 1971.

N.J. Stat. § 40:61-22.23 Taxation and bonds

The money necessary to pay for the lands, rights, or interest therein acquired for a public swimming pool and for such other recreational, playground, or public entertainment purposes and activities as the governing body of the municipality may determine, and for improving and equipping the same, may be raised by taxation or by the issuance of permanent or temporary loan bonds, or by both taxation and the issuance of bonds. Such bonds shall be issued in accordance with the provisions of article 1 of chapter 1 of Title 40 of the Revised Statutes (s.s. 40:1-1 et seq.). Such bonds may be regarded as having been authorized for a self-liquidating purpose, and the provisions of sections 40:1-77, 40:1-78 and 40:1-79 of the Revised Statutes shall apply to such bonds, except that the Local Government Board shall make the determinations therein required of the Board of Public Utility Commissioners, upon application to said board, notice and public hearing. L.1957, c. 166, p. 596, s. 3, eff. July 22, 1957.

N.J. Stat. § 40:61-22.24 Supervision, maintenance, operation and regulation

The governing body of any municipality may assign the general supervision and control over the maintenance, operation and regulation of any such public swimming pool and all forms of recreation, playground, and public entertainment activities carried on in connection therewith, to the board or body, if any, in charge of recreation in said municipality, or may provide, by ordinance, for the appointment of a board of commissioners to consist of not more than 5 residents of the municipality who shall have such general supervision and control. The members of such commission shall serve without compensation, but their necessary expenses shall be allowed and paid by the municipality. L.1957, c. 166, p. 597, s. 4, eff. July 22, 1957.

N.J. Stat. § 40:61-22.25 Annual appropriation

The governing body of any municipality may annually appropriate money to be raised by taxation to develop, maintain and operate a public swimming pool and all forms of recreation, playground, and public entertainment activities carried on in connection therewith. L.1957, c. 166, p. 597, s. 5, eff. July 22, 1957.

N.J. Stat. § 40:61-22.26 Fees, rents or other charges

The governing body of any municipality may establish, charge, and collect reasonable fees, rents or other charges for admission to, use or enjoyment of any property now or hereafter developed or used in whole or in part for a public swimming pool. And it may establish, charge, and collect reasonable fees, rents or other charges for any recreational privilege, entertainment or other activity conducted on said premises or any part thereof. The municipality shall keep the accounts thereof separate and distinct from any other accounts of the municipality. L.1957, c. 166, p. 597, s. 6, eff. July 22, 1957.

N.J. Stat. § 40:61-22.27 Rules and regulations

The governing body of any municipality may, by ordinance, make, alter, amend and repeal rules and regulations for the supervision, regulation and control of all activities carried on, conducted, sponsored, arranged or provided for in connection with a public swimming pool, and for the protection of property, and may prescribe and enforce fines and penalties for the violation of any such rule or regulation. L.1957, c. 166, p. 598, s. 7, eff. July 22, 1957.

N.J. Stat. § 40:61-22.28 Violations of rules and regulations

The magistrate having jurisdiction over actions for the violation of other municipal ordinances shall have jurisdiction in actions for the violation of any such rule or regulation. The rules and regulations shall be enforced by the same proceedings and processes, and the practice for the enforcement thereof shall be the same as that provided by law for the enforcement of other ordinances of the municipality. L.1957, c. 166, p. 598, s. 8, eff. July 22, 1957.

N.J. Stat. § 40:61-22.29 Fines or penalties, disposition

All moneys collected either as fines or penalties for violation of a rule or regulation shall become part of the funds of the municipality. L.1957, c. 166, p. 598, s. 9, eff. July 22, 1957.

N.J. Stat. § 40:61-22.30 Agreements for construction of facilities; approval of plans, specifications and location

The body or authority having control of any public park, playground or other public place or property in any municipality may enter into an agreement with any person for the construction by said person of any facility within said public park, playground or other public place that said body or authority is itself authorized by any law to construct, subject to the approval by said body or authority of the plans, specifications and location of such facility, and may accept as a gift any such facility. L.1968, c. 286, s. 1, eff. Sept. 6, 1968.

N.J. Stat. § 40:61-23 Sale or lease of park lands to adjoining municipalities; joint ownership

Any municipality owning park lands adjoining park lands of another municipality, may convey to such other municipality any or all of its lands so adjoining, for such consideration and upon such terms, conditions and covenants as shall be mutually agreed upon and expressed in the conveyance, or may lease such adjoining lands to the other municipality for such period and upon such terms, conditions, covenants and rental as may be mutually agreed upon. Any lands so conveyed or leased shall be used only for park and recreation purposes. Any such two or more municipalities may convey one to the other, any undivided right, title or interest in such several park lands of each so that all of such adjoining park lands shall be owned jointly by the municipalities party to such conveyance.

N.J. Stat. § 40:61-24 Contracts relative to contiguous parks

In case any part of any park, heretofore or hereafter established by any municipality under this chapter, shall be or shall become contiguous to any part of any park, heretofore or hereafter so established by any other municipality in the same or adjoining counties, the several municipalities may contract with each other for the development, improvement, control or management of both or all of said public parks, or any parts thereof, either jointly or by any one or more of the municipalities. In case any two or more such municipalities shall contract for the joint control and management of any such parks or places, the same shall be subject to such rules and regulations as may be adopted pursuant to law by the ordinance of the governing body of one of the municipalities and approved by the ordinance of the governing body or bodies of the other interested municipality or municipalities.

N.J. Stat. § 40:61-25 Parks wholly or partly within other municipalities; regulation of

Should any park or place of public resort and recreation, now or hereafter established by any municipality under this chapter, be situated partly within and partly without, or wholly without the municipality, all ordinances, rules and regulations ordained and enacted for the use, government and policing thereof, by the municipality owning or controlling the park, public resort and recreation place shall be valid and in full force and effectual throughout the same.

N.J. Stat. § 40:61-26 Power of police to arrest

Every police official of any municipality, whether a park policeman or otherwise, shall have the same powers of arrest in all parts of any park or place of public resort and recreation of such municipality, or in the joint park or place of public resort and recreation of 2 or more municipalities, whether such park or place of public resort and recreation or the part thereof, in which the arrest is made be within or without the municipality or municipalities controlling the park, or place of public resort and recreation, but the person arrested shall be brought and prosecuted before, and if convicted, sentenced by a magistrate in the municipality or county, in which the offense charged was committed, or in the municipality, or 1 of the municipalities, controlling the park or place of public resort and recreation. Amended by L.1957, c. 143, p. 544, s. 1, eff. July 12, 1957.

N.J. Stat. § 40:61-27 Joint parks on banks of streams; joint contract

Any municipality may contract with any other municipality for the improvement of the banks and shores of waters as places of public resort and recreation. Such contracts shall specify the portion of the work to be done by each municipality, or the proportion of the total cost to be paid by each municipality, and all other provisions necessary to carry out the work of joint improvement.

N.J. Stat. § 40:61-28 Joint parks along lakes; establishment

Any two or more municipalities lying within adjacent counties, may acquire by lease, gift, purchase, condemnation or otherwise, lands, lakes, ponds, streams, rights of flowage and other rights and may erect, construct and maintain dams or other means of impounding water, which lands, lakes, ponds, streams, rights of flowage and other rights shall be maintained by them as public parks and places of public resort for health and recreation.

N.J. Stat. § 40:61-29 Adopting ordinance

In order to acquire lands, lakes, ponds, streams, rights of flowage and other rights for use for public park purposes, the governing bodies of the several municipalities may, by a majority vote, pass an ordinance adopting the provisions of sections 40:61-28 to 40:61-35 of this title.

N.J. Stat. § 40:61-30 Commissioners; appointment; number

The governing bodies of the several municipalities may, by resolution, appoint one person for each one thousand of population and fraction thereof over five hundred.

N.J. Stat. § 40:61-31 Commissioners; term and organization; vacancies

The persons appointed under the provisions of section 40:61-30 of this title shall be known and designated as the (name to be chosen by the commissioners) intermunicipal park commission. Such commissioners shall hold office for a period of five years from the date of their appointment and until their successors are appointed and qualified and shall serve without compensation. Within thirty days after their appointment the commissioners shall take an oath faithfully to perform their duties. They shall select one of their number as president, one as clerk or secretary and one as treasurer. In case of the death, resignation or disability of any member of the commission, the municipality from which he was appointed shall fill the vacancy for the unexpired term.

N.J. Stat. § 40:61-32 Commission; general powers; bond issues; officers and employees

The commissioners shall be a body politic and corporate and shall have power to sue and be sued, complain or defend in any court, use a common seal and shall have all such other corporate power as may be necessary to carry into effect the provisions of this article. The commission shall have control of the park or parks acquired by the municipalities and may make and amend rules regulating the use thereof. It may, from time to time borrow, on temporary loans, such money as may be necessary, but such loans shall not run for a longer period than one year from their date. In addition to the officers herein above specified, the commission may appoint such other agents and employees as may be deemed necessary to carry into effect the provisions of this article.

N.J. Stat. § 40:61-33 Condemnation proceedings

If it shall become necessary to take condemnation proceedings to acquire any lands, lakes, ponds, streams, flowage and other rights the procedure shall be that provided in chapter 1 of the title Eminent Domain (s. 20:1-1 et seq.), and all such proceedings shall be in the name of the intermunicipal park commission.

N.J. Stat. § 40:61-34 Costs apportioned; annual report; money turned over to commission

The cost of acquiring any lands, lakes, ponds, streams, flowage and other rights, as well as the cost of the maintenance thereof as a public park, shall be borne ratably by the municipalities adopting the provisions of this article, according to the then last preceding tax levy in each of the municipalities. The commission shall on or before August first in each year certify to the various municipalities the money which they are severally required to raise for the current year as their pro rata share of the cost of acquiring or maintaining such public park, and the various assessors shall include that amount in their tax levy for that year. The amount due from each municipality shall be paid over to the treasurer of the commission on or before January first following the levy and assessment and shall be applied by the commission to the payment of any debts incurred by it under the provisions of this article.

N.J. Stat. § 40:61-35 Authority here conferred deemed additional

The provisions of sections 40:61-28 to 40:61-34 of this title shall not repeal any other legislation or affect any proceedings thereunder for the purchase or condemnation of lands for park purposes, the improvement thereof or the raising of funds therefor; but shall be deemed to be additional legislation for such purposes and independent of all powers and authority conferred by any other law and not subject to any limitation contained in any other law.

N.J. Stat. § 40:61-36 Leasing of parks, etc. authorized; period of leases.

40:61-36. The governing body of every municipality bordering on the Atlantic Ocean may lease, rent or hire, the whole or any part of any public parks, recreation grounds or places of public resort, owned by it and not presently needed by the municipality for municipal purposes, or any building or portion thereof located therein for any period not exceeding: a. 10 years for any waterfront property bordering on the ocean, tidal water bays or rivers, or easement rights therein; and b. 25 years for any property not bordering on the ocean, tidal water bays or rivers, or easement rights therein, or which property is not related to waterfront activities or concessions. Amended by L.1959, c. 6, p. 47, s. 1, eff. Feb. 11, 1959; amended 2023, c.332.

N.J. Stat. § 40:61-37 Leasing of privileges

The governing body may let out to any person, any privileges in any public parks, recreation grounds or places of public resort, upon such terms and conditions as it may prescribe.

N.J. Stat. § 40:61-38 Lease voided upon violation of terms

Upon the violation of the terms upon which any lease or privilege is granted, the same shall become void and such governing body shall have power to so declare and may re-enter any place so leased and prevent the exercise of any privilege so forfeited.

N.J. Stat. § 40:61-39 Letting to highest bidder

Any such letting shall be to the highest responsible bidder therefor.

N.J. Stat. § 40:61-40 Advertisement for bids

Any such letting shall be advertised in some newspaper circulating in the municipality at least ten days prior to the receipt of bids.

N.J. Stat. § 40:61-41 Power deemed additional

The power conferred in this article is in addition to those given by any other law or laws.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026