§§ 150.01 through 150.14
(A) Establishment; powers; membership; Joint Board and District.
(1) If the Legislative Authority determines that the power to equip, operate and maintain parks, playgrounds, playfields, gymnasiums, public baths, swimming pools or recreation centers shall be exercised by a Recreation Board, it may establish such a Board, which shall possess all the powers and be subject to all the responsibilities of the respective local authorities under R.C. §§ 755.12 through 755.18. The Board shall consist of five persons, two of whom shall be members of the Board of Education of the Municipal School District or shall be appointed by that Board of Education. The other members of the Recreation Board shall be appointed by the Mayor, as executive of the municipality, with the consent of the Legislative Authority. The members who are Board of Education members and members appointed by the Board of Education shall be residents of the school district making the appointment, but need not be residents of the municipality. All other members of the Board shall be residents of the municipality. All members of the Board shall serve for terms of five years, except that the members first appointed shall be appointed for such terms that the term of one member shall expire annually thereafter. Members of the Board shall serve without pay. Vacancies on the Board, occurring otherwise than by expiration of term, shall be for the unexpired term and shall be filled in the same manner as original appointments.
(2) The legislative authorities of the municipal corporations, boards of township trustees of the townships, boards of township park commissioners, boards of county commissioners of the counties, and boards of education of the school districts joined in the operation and maintenance of parks or recreation facilities under R.C. § 755.16 may, by resolution, establish a Joint Recreation Board which may possess all the powers and be subject to all the responsibilities of the respective local authorities under R.C. §§ 755.12 through 755.18. The resolutions shall specify the number of members of the Joint Recreation Board and the method of appointing members and filling vacancies. Members of the Board shall serve without pay.
(3) If the municipality joins in the operation and maintenance of recreation facilities under R.C. § 755.16, the Legislative Authority may, by resolution, establish a Joint Recreation District, consisting of all the territory of the subdivisions so joined. The Joint Recreation District Board of Trustees shall be the governing body of a District and shall possess all the powers of a Legislative Authority of an individual subdivision under R.C. §§ 755.12 through 755.18. Subject to R.C. § 755.141, the number of Trustees shall be fixed by the resolutions creating the District and may be any number so long as there is representation of all participating subdivisions.
(R.C. § 755.14) (Rev. 2011)
(B) Organization of boards.
(1) The members of Boards established pursuant to division (A) of this section shall elect their own Chairperson and Secretary, shall select all other necessary officers to serve for a period of one year, and may employ such other persons as are needed. Such Boards may adopt rules for the conduct of all business within their jurisdiction.
(2) A Joint Recreation District Board of Trustees formed pursuant to division (A)(3) of this section shall appoint one of its members or employ another as fiscal officer of the District.
(R.C. § 755.15) (Rev. 2002)
(A) Establishment for donated property. When a deed of gift, devise, or bequest of property or funds to the municipality for park purposes requires the investment or change of investment of the principal of such property or funds, or any part thereof, to be made upon the approval of an advisory committee appointed by a court or judge, or an advisory committee appointed by a civic organization of the municipality, or by the Legislative Authority, then such property or funds, and any park for the improvement of which, in whole or in part, such funds are to be used, or any property for the care or management of which, in whole or in part, such funds are to be used, shall be managed, controlled and administered by a Board of Park Trustees.
(R.C. § 755.20)
(B) Membership. The Board of Park Trustees mentioned in division (A) of this section shall consist of four resident electors of the municipality who shall be appointed by the Mayor and who shall serve without compensation for the term of four years. The Park Trustees shall be appointed in the first instance to serve for one, two, three and four years, respectively, and thereafter their successors shall be appointed one each year to serve for the term of four years, but not more than two shall be of the same political party. A vacancy in the Board caused by death, resignation or otherwise shall be filled in like manner for the remainder of the term.
(R.C. § 755.21)
(C) Powers.
(1) The Board of Park Trustees shall have the entire management and control of any property or funds acquired as provided in R.C. § 755.19, all improvements within any such park, moneys derived from levies made for park purposes, moneys from the General Fund appropriated by the Legislative Authority for such purposes, proceeds of bonds issued or sold for park purposes, moneys or other property donated to the municipality for park purposes, and all other park property legally acquired. All such moneys shall be placed in a special fund called the “Park Fund” and shall be disbursed by the Treasurer only upon a warrant of the Clerk, drawn in accordance with the order of the Board.
(2) Such Board shall have the control and management of parks, park entrances, parkways, boulevards, connecting viaducts, subways, children’s playgrounds, public baths and stations of public comfort located in such parks, of all improvements thereon, and the acquisition, construction, repair and maintenance thereof. The Board shall exercise exclusively all the powers and perform all the duties in regard to such property vested in and imposed upon a director of public service in a city under general law.
(3) The Board may apply, control, invest and reinvest the funds coming or arising from a gift, devise or bequest according to the terms on which the same are acquired.
(R.C. § 755.22)
(D) Compensation; oath; bond. The members of the Board of Park Trustees shall serve without compensation. Before entering upon the discharge of their duties, they shall each take the oath of office prescribed by R.C. § 733.68 and, except as otherwise provided in the municipal charter or in R.C. § 3.061, shall give bond in the sum of $2,500, conditioned according to R.C. § 733.71 and to the approval of the Mayor and the Legislative Authority.
(R.C. § 755.23) (Rev. 2020)
(E) Meetings: rules and regulations; Clerk. The Board of Park Trustees shall hold meetings at least once a month and shall adopt necessary rules for the regulation of its business. It shall keep a complete record of its proceedings, which record, or a copy thereof, certified by the Clerk of the Board, shall be competent evidence of its transactions in the courts of the state. The yeas and nays shall be called upon the passage of every resolution or order. Three members of the Board shall constitute a quorum, but no resolution or order shall be adopted unless three members vote in its favor. The Municipal Clerk shall act as the Clerk of the Board of Park Trustees, but shall receive no additional salary or compensation for such services.
(R.C. § 755.24)
Reserved.
For the purpose of studying, organizing and implementing recreational activities, events and programs in and for the Municipality, and to supplement the revenue of public funds through the implementation of fundraising activities, events and programs, there is hereby established the Department of Parks and Recreation.
(Former § 172.10) (Ord. No. 2022-21, 03-13-2023; Amended Ord. No. 2024-04, 05-13-2024)
(A) In addition to the appropriation of public monies set aside for operating supplies and materials for the operation of Monies lawfully appropriated by the Village Council to the following public funds and accounts may be utilized by the Department of Parks and Recreation for the purposes provided herein:
(1) General Fund, account number 1000-790-420, for beautification within the municipal corporation limits, including recreational events and programs.
(2) James Vennari Park Fund, account number 2042-800-510, for beautification at James Vennari Park.
(3) James Vennari Park Fund, account number 2042-350-420, for recreational activities and events at James Vennari Park.
(4) Rutland Civic Center Fund, account number 2041-350-420, for recreational activities and events at Rutland Civic Center, or upon or immediately near its grounds.
(B) The Director of Parks and Recreation may, upon approval of the Mayor, conduct a recreational activity, event or program by which public monies received therefrom benefit the affairs of the Department of Parks and Recreation. Prior to conducting such activity, event or program, the Village Council shall pass a resolution authorizing and directing the Village Clerk-Fiscal Officer to, upon conclusion of such activity, event or program, receipt and credit the public monies received therefrom, in whole or in part, to a specific municipal fund or account and upon completion of the event, during the meeting of the Village Council held immediately thereafter, the Village Council shall pass a municipal ordinance amending the appropriation of public monies by adding the public monies received during such activity, event or program.
(C) Prior to purchasing any supplies, materials or services, the Director shall present a requisition of the supplies, materials or services to be purchased to the Village Clerk-Fiscal Officer. Upon receipt, the Village Clerk-Fiscal Officer shall ascertain monies lawfully appropriated and available in the public funds and accounts enumerated in division (A) of this section appropriate for the supplies, materials or services to be purchased and that the purchase of such supplies, materials or services will not exceed an expenditure totalling one thousand dollars and 00/100. If the Village Clerk-Fiscal Officer finds that such is true, the Clerk’s Certificate shall be issued for the purchase of the supplies, materials or services presented upon the requisition and the Village Clerk-Fiscal Officer shall proceed to procure the same.
(D) The Village Clerk-Fiscal Officer shall provide a monthly report to the Village Council of all expenditures of the Parks and Recreation Commission.
(Former § 172.12) (Ord. No. 2022-21, 03-13-2023; Amended Ord. 2024-04, 05-13-2024)
(A) The Director of Parks and Recreation shall have, under the general supervision of and rules prescribed by the Mayor, the duty of general oversight of all recreational activities, programs, and events in and on behalf of the Municipality; and shall cause the same to be implemented in accordance with the bylaws, ordinances and resolutions of the Municipality and the rules designated for the Department of Parks and Recreation.
(B) The Director shall enforce and uphold the provisions of section 150.04 through 150.10, inclusive, of the Municipal Code, and the rules of the Department of Parks and Recreation.
(C) The Director shall report to the Mayor the inefficiency, incompetency, dishonesty, discourteous treatment of the public, insubordination, malfeasance, misfeasance or nonfeasance of any members of the Department of Parks and Recreation. The Mayor shall inquire into such complaints and, upon preponderance of the evidence in support of the same, suspend the accused for not more than sixty days or remove the accused as a member of the Village Recreation Commission. Not more than thirty days from the date on which the accused was suspended or removed, the accused may appeal such action to the Village Council, who shall vote to uphold the suspension or removal, suspend for less days, or reverse the suspension or removal.
(D) The Director shall sign all documents of the Commission which may require his or her signature.
(Former § 172.13) (Ord. No. 2022-21, 03-13-2023; Amended Ord. 2024-04, 05-13-2024)
(A) The Mayor may appoint, from time to time, parks and recreation assistants, who shall provide support in the operations and maintenance of the municipal parks and recreational facilities.
(B) Parks and recreation assistants appointed pursuant to this section shall work under the direction and supervision of the Director of Parks and Recreation, subject to any general rules or orders executed by the Mayor, and shall serve without compensation.
(C) The Mayor shall prescribe the duties and responsibilities of the parks and recreation assistants consistent with the nature of the role set forth pursuant to this section.
(Former § 172.151) (Ord. No. 2023-28, 09-11-2023)
(A) No person shall knowingly and willfully:
(1) Be present on the grounds of the Jim Vennari Park between the hours of dusk and dawn.
(2) Loiter on the grounds of the Jim Vennari Park.
(3) Operate a motor vehicle on the grounds of the Jim Vennari Park except upon an area designated for parking.
(4) Erect signage in support or opposition of a political candidate or issue on the grounds of the Jim Vennari Park, except that: Any day on which a general or special election is held, signage in support or opposition of a political candidate or issue may be erected on the grounds of the Jim Vennari Park, but shall be removed therefrom not later than 12:00 PM the day immediately following the general or special election.
(5) Have in their possession unopened alcoholic beverages on the grounds of the Jim Vennari Park.
(6) Ignite or cause to ignite an open fire unless within an area designated for such purpose.
(7) Have in their possession an alcoholic beverage, intoxicating liquor or liquor, or a controlled substance or dangerous drug, or multiples of the same, on the grounds of the Jim Vennari Park.
(8) Have in their possession drug paraphernalia on the grounds of the Jim Vennari Park;
(9) Engage in the consumption of an alcohol beverage, intoxicating liquor or liquor, or the use or trafficking of the same, or the use or trafficking of a controlled substance or dangerous drug on the grounds of the Jim Vennari Park.
(B) As used in this section:
(1) ALCOHOLIC BEVERAGE has the same definition as provided in R.C. § 4301.01(B)(1)—(B)(5) and R.C. § 4301.01(B)(20).
(2) INTOXICATING LIQUOR and LIQUOR have the same definition as provided in R.C. § 4301.01(A)(1).
(3) CONTROLLED SUBSTANCE has the same definition as provided in R.C. § 3719.01(C).
(4) DANGEROUS DRUG has the same definition as provided in R.C. § 4729.01(F).
(5) DRUG PARAPHERNALIA has the same definition as provided in R.C. §2925.14(A).
(C)
(1) Whoever violates division (A)(1) through (A)(4) of this section shall be guilty of a minor misdemeanor.
(2) Whoever violates division (A)(5) through (A)(9) of this section shall be guilty of a misdemeanor of the fourth degree.
(D) Division (A)(4) shall not be applicable to the Municipal Government of the Village of Rutland erecting signage in support of a tax levy which has been duly placed upon the ballots before the voters.
(Former § 172.03) (Ord. No. 2020-013, §2, 10-05-2020)
(A) No person shall conduct or hold a rummage sale on the grounds of the Jim Vennari Park without a valid Village Park Rummage Sale Permit, the fee thereof in the amount of $50.00, to be remitted upon the issuance of such Permit, made payable to the Village of Rutland, and one-half of the same ($25.00) reimbursed to the permittee upon return of the Jim Vennari Park facilities and grounds in a clean, sanitary and orderly condition without damage or defacement.
(B) Notwithstanding division (A) of this section, no person shall conduct or hold a rummage sale on the grounds of the Jim Vennari Park except during the first weekend, excluding Sunday, in the months of March, April, May, June, August, September and October, and no permit shall be issued for the same.
(C) The Permit required by division (A) of this section shall be issued by the Mayor or Fiscal Officer and shall bear his or her signature. It shall be valid only for as long as specified upon the Permit.
(D) The Mayor shall cause the development and subsequent revisions of the Permit required by division (A) of this section and may promulgate the administrative procedure by which such Permit will be issued and enforced.
(E) As used in this section, RUMMAGE SALE means an informal sale of miscellaneous goods or secondhand articles.
(F)
(1) Whoever violates division (A) of this section shall be assessed an administrative fine not exceeding $25.00, which shall be remitted to the Village of Rutland not greater than fourteen days from the date of issuance. Whoever fails to remit the administrative fine charged pursuant to this Section shall be guilty of a minor misdemeanor.
(2) Whoever violates division (B) of this section shall be guilty of a minor misdemeanor.
(Former §172.02) (Ord. No. 2020-013, §2, 10-05-2020)
(A) Except as otherwise authorized pursuant to division (B) through (E) of this section, no person shall, without permission of the Mayor, President of the Rutland Youth League, or caretaker appointed by the Rutland Youth League, operate a motor vehicle on the grounds of the Sammy “Red” Robinson Baseball Field, except in areas where the operation and parking of motor vehicles is authorized and designated.
(B) A motor vehicle may be operated on the Sammy “Red” Robinson Field by a member of the Rutland Volunteer Fire Department, or any member of an emergency medical rescue service, for the purpose of the health and safety of individuals.
(C) A motor vehicle may be operated on the Sammy “Red” Robinson Field for the purpose of preparing and setting up a lawful fireworks display.
(D) A motor vehicle may be operated on the Sammy “Red” Robinson Field for the purpose of performing general or specific maintenance on the Field.
(E) A motor vehicle may be operated on the Sammy “Red” Robinson Field for other purposes when authorized pursuant to division (A) of this section.
(F) As used in this section, “motor vehicle” has the same definition as provided pursuant to §70.01 of the Municipal Code.
(G) Whoever violates this section shall be guilty of a minor misdemeanor and shall be fined not more than $50.00 in addition to costs assessed by the Mayor’s Court.
(H) As used in this section, “Sammy Red Robinson Field” means, of the Sammy Red Robinson baseball field complex, the baseball diamonds and the area of grass immediately surrounding the baseball diamonds and that section of grass restricted as clearly marked by posted signage. The President of the Rutland Youth League may post signage communicating “NO MOTOR VEHICLES BEYOND THIS POINT PURSUANT TO RUTLAND MUNI. CODE §150.10 - FINE, $50” at the expense of the Rutland Youth League.
(Former §174.01) (Ord. No. 202102, §1, 07-06-2021)