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ORDINANCE AMENDMENT OF THE NEW HAVEN BOARD OF ALDERS REGARDING THE TRANSFER OF BOARDS AND COMMISISONS REQUIRED BY ARTICLE VII, SECTION 4 OF THE CHARTER FROM THE CHARTER TO THE CODE OF ORDINANCES, INCLUDING MODIFICATION OF THE SCOPE AND COMPOSITION OF THE BOARD OF PARKS COMMISSIONERS AND UPDATING TITLE III, SECTION 19 OF THE CODE OF ORDINANCES.
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Whereas, the intent is to transfer from the Charter to the Code of Ordinances the organizational language pertaining to the following Boards and Commissions required by Article VII, Section 4 of the Charter, specifically the following: Financial Review and Audit Commission, Board of Police Commissioners, Board of Fire Commissioners, Board of Parks Commissioners, Board of Public Health, Board of Library Directors, and Civilian Review Board;
Whereas, with the exception of the Board of Parks Commissioners, the intent was not to engage in a wholesale modification of the current structures, although the Board of Alders has the inherent legislative authority to do so;
Whereas, the intent was to allow modifications to boards and commissions to be made by ordinance, providing the flexibility needed to address local concerns within the guidelines of the Charter in real time; and
Whereas, the current provisions of the Charter will remain in full force and effect until they are replaced by an ordinance, as the Historical Transition Provision” states: “Upon (1) the effective date of the approved Ordinance accompanied by (2) an opinion of an attorney, designated by the Board of Alders, certifying that (a) the functions of the pertinent section pertaining to the Board or Commission have been addressed by the Ordinance; and (b) the Ordinance complies with the administrative requirements of this Charter in particular, §§ 1 and 2 of this Article, the pertinent provision or provisions of the Charter shall expire and may be removed from the Charter.”
NOW, THEREFORE, BE IT ORDAINED by the New Haven Board of Alders that the New Haven Code of Ordinances is amended by adding new Chapter 2¼ entitled “Boards and Commissions Required by the Charter,” including the transfer and recodification of Chapter 2, Article X, Division 10 pertaining to the “Civilian Review Board” and updating Title III, Section 19, Parks, Recreation and Trees, as detailed below and attached in Schedule A.
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ARTICLE I - THE FINANCIAL REVIEW AND AUDIT COMMISSION
Sec. 2¼-1. Establishment.
As required by Article VII, Sec. 4.A of the Charter there shall be a Financial Review and Audit Commission which shall be responsible for reviewing and reporting on the financial condition of the City.
Sec. 2¼-2. Composition.
The Financial Review and Audit Commission shall consist of nine (9) members.
(a) Terms. Members shall be appointed for five (5) year terms, except that of the nine (9) first appointed, one (1) shall be appointed for a term of one (1) year, and two (2) shall be appointed to terms of two (2), three (3), four (4) and five (5) years, respectively.
(b) Restriction on Service. No member of the commission shall hold any other office or position in the government of the City, appointed or elected, except as a member of said commission.
(c) Additional Ground for Removal from Office. In addition to the reasons set forth in this Charter, a member of said commission may be remove for failure to attend a specified number of meetings of the commission within a specified period as the commission may set forth in its bylaws”
(d) Experience. Not fewer than seven (7) members shall have training and experience in financial matters as evidenced by being a certified public accountant, having earned a bachelor's degree in business or public administration, having not less than five (5) years’ service as the financial officer of a business, having not less than five (5) years’ service as a public administrator, or having a similar degree or experience.
(e) Chair of the Commission. The commission shall elect a chair from among its members to hold office for a term or terms of one (1) year each and may adopt bylaws to govern its procedures.
Sec. 2¼-3. Staff: Executive Director and Deputy Executive Director.
The commission by affirmative vote of seven (7) of its members shall appoint or reappoint, for a term or terms not to exceed four (4) years each, an executive director and a deputy director, who shall not be members of the classified service, and who may be removed by the affirmative vote of seven (7) of the members of the commission. The commission may appoint such other personnel as the City budget may provide, who shall be members of the classified service. The expenses of the commission, including the salaries of its employees, shall be paid by the City.
Sec. 2¼-4. General Duties and Powers of the Financial Review and Audit Commission.
(a) The commission shall meet not less frequently than monthly to review the financial condition of the City as described in the monthly financial reports described in §5 of Article VIII and in the audited financial statements, and to conduct such other business as may come before it.
(b) The Mayor, the Controller and other Public Officials shall make available to the commission all information concerning the financial performance of the City as the commission may request.
(c) Not later than the tenth (10th) day of each month, the commission shall submit a report to the Mayor and the Board of Alders containing such comments and recommendations concerning the financial report issued by the Mayor during the preceding month pursuant to §5 of Article VIII of the Charter and the City's financial condition as the commission may deem appropriate.
(d) The commission shall make recommendations to the Board of Alders concerning the selection of the auditor of the City.
Sec. 2¼-5 through 2¼-9. Reserved
ARTICLE II - BOARD OF POLICE COMMISSIONERS
Sec. 2¼-10. Establishment. As required by Article VII, Sec. 4.B of the Charter there shall be a Financial Review and Audit Commission There shall be a Board of Police Commissioners. Said Board shall advise and consult with the Chief of Police concerning matters pertaining to the chief's duties and to the conduct of the department, and together with the chief shall make all rules and regulations relating to the administration of the department which it may deem necessary or advisable, which rules shall be printed and made available to the public.
Sec. 2¼-10. Appointment and Membership.
The Board shall consist of six (6) members.
(a) Terms. During the month of January each year the Mayor shall appoint two (2) members of said Board for a term of three (3) years from the first (1st) day of February next succeeding.
(b) Police commissioners not to deal in intoxicating liquors. No commissioner on said police Board excepting a licensed druggist shall, either as principal, agent, or employee, be engaged in or directly or indirectly interested in the manufacture or sale of intoxicating liquors.
Sec. 2¼-10. General Duties and Powers of the Board of Police Commissioners .
In general, the Board of Police Commissioners shall be responsible for policy making, with the advice of the chief of police, and for the evaluation of such policies.
Sec. 2¼-11 through 2¼-14. Reserved
ARTICLE III - BOARD OF FIRE COMMISSIONERS
Sec. 2¼-15. Establishment.
As required by Article VII, Sec. 4.C of the Charter there shall be a Board of Fire Commissioners. Said Board of Fire Commissioners shall advise and consult with the Fire Chief concerning matters pertaining to the chief's duties and to the conduct of the department, and together with the chief shall make all rules and regulations relating to the administration of the department which it may deem necessary or advisable, which rules shall be printed and made available to the public.
Sec. 2¼-16. Appointment and Membership.
The Board shall consist of five (5) members.
(a) Terms. During the month of January each year the Mayor shall appoint for a term of three (3) years from the first (1st) day of February next succeeding such number of commissioners as may be necessary to fill vacancies arising by reason of the expiration of terms.
Sec. 2¼-17. Duties.
Said Board of Fire Commissioners shall have authority to make a Contract with corporations and individuals outside of the areas now served by the municipality and outside of the limits of said City, granting such corporations and individuals fire protection for such compensation as may be deemed just and proper, subject to the approval of the Board of Alders.
Sec. 2¼-18 through 2¼-20. Reserved
ARTICLE IV - GENERAL PROVISIONS CONCERNING THE POLICE AND FIRE COMMISSIONERS
Sec. 2¼-21. Power of Boards of Commissioners over employees.
Each of said Boards of Commissioners shall have sole power of appointment and promotion of all sworn members and employees of their respective Departments, under such rules and regulations as they may adopt for the purpose, and in accordance with rules governing the Civil Service System and any applicable collective bargaining agreements.
Sec. 2¼-22. Vote required for appointments, promotions.
(a) Board of Police Commissioners. No appointments or promotions in the police department shall be made except by the affirmative vote of not less than four (4) commissioners, except where otherwise provided.
(b) Board of Fire Commissioners. No appointment or promotion in the fire department shall be made except by the affirmative vote of a majority of the members present.
Sec. 2¼-23. Removal, demotion, suspension.
Each of said Boards of Commissioners shall have power, for cause, after a hearing on charges, made in writing, to remove, reduce in rank, or suspend without pay any sworn member or employee in its department that it has power to appoint.
Sec. 2¼-24. Authorized Procedure.
No removal, reduction in rank, or suspension shall be made for political reasons. Charges against any sworn member or employee shall be preferred by the chief, served upon the person accused at least forty-eight (48) hours before the time fixed for a hearing, and presented to the Board of Commissioners of the department to which such sworn member or employee may belong.
Sec. 2¼-25 through 2¼-29. Reserved
ARTICLE V - THE COMMISSION ON PARKS, PROGRAMS, AND RECREATIONAL FACILITIES
Sec. 2¼-30. Establishment.
(a) In accordance with Article VII, Sec. 4.D of the Charter there shall be a Commission on Parks, Programs, and Recreational Facilities. The Commission shall advise and consult with the Director of the Parks Department pertaining to duties of the director and the conduct of the parks department.
(b) Board of Park Commissioners Abolished. In accordance with the requirements of the Charter, the terms of office of the members of the Board of Parks Commissioners in office at the time of the adoption of this Ordinance shall conclude and said Board shall be abolished following the confirmation of the members of the Commission on Parks, Programs, and Recreational Facilities. At such time, all powers, duties and authority of the said Board and its members shall be terminated, null, and void.
(c) Authority of the Commission. All property, rights of action and rights of every description, and all obligations established in the name of the City by the Board of Park Commissions shall be continued and assume by the Commission, which Commission shall have perpetual succession and may hold and exercise all powers and privileges heretofore exercised by said Board and not inconsistent with the provisions of this Charter and the additional powers and privileges conferred by Law, unless otherwise terminated by Ordinance.
Sec. 2¼-31. Membership.
The Commission shall consist of up to nine (9) Electors of the City.
(a) Terms of Mayoral Appointees. The Mayor shall appoint commissioners to hold office from the first (1st) day of February for staggered terms, as follows:
(i) Three (3) members to a term of three (3) years commencing on the 1st day of February 2025, and thereafter to a term of three (3) years commencing on the 1st day of February 2028.
(ii) Two (2) members to a term of two (2) years commencing on the 1st day of February 2025, and thereafter to a term of three (3) years commencing on the 1st day of February 2027.
(iii) Two (2) members to a term of one (1) year commencing on the 1st day of February 2025, and thereafter to a term of three (3) years commencing on the 1st day of February 2026.
(b) Representatives of the Board of Alders. There shall be up to two (2) members of the Board of Alders to be selected by said board, on a bipartisan basis with terms expiring on December 31, coordinating with the alders’ election cycle.
(c) Political affiliations. Mayoral appointments shall comply with the minority party representation provisions of the General Statutes.
(d) Rules of Procedure. The Commission shall adopt rules for the conduct of its business consistent with this Charter.
Sec. 2¼-32. Role of the Commission.
(a) Policy Making Role. In general, the Commission shall be responsible for policy making regarding parks preservation and management utilizing the advice of the Director of the Parks Department. The Commission shall be responsible for the evaluation of these policies. This shall include, but not be limited to, the adoption of such rules and regulations, on recommendation of the respective department heads. All policies developed under the Commission shall be consistent with Connecticut General Statutes and the provisions of the City Charter, related to the use, preservation, and enjoyment of all public parks and recreation areas of the City of New Haven.
(b) Rules and Regulations. The Commission is hereby empowered to make and alter, from time to time, all necessary rules and regulations for the maintenance of order, safety, and decency in said parks and places, use of recreation facilities, the prevention of any depredation therein or misuse of the same, and the protection and preservation of said parks and places, both within and without the limits of the City. The Commission may adopt rules and regulations which shall have the force of the ordinances of the City and may set penalties for violations thereof subject to approval by the Board of Alders, and then available in a Public Notice, at full length, in accordance with the provisions of the Charter and also printed and posted in conspicuous places within the limits of the parks or places to which such regulation is intended to apply.
(c) Enforcement. The Commission may enforce its order in accordance with Law.
(d) Acquisition of Park Land. The Commission, with the approval of the Board of Alders, shall have power, in the name and on behalf of the City of New Haven, to procure by gift, purchase, lease exchange, or other Contract, or by condemnation as permitted by Law, real property, whether within or without the limits of the City of New Haven, for the purpose of providing public parks or the enlarging of existing parks, provided no expenditures shall be made in excess of the amount previously appropriated for such purpose, and provided no land shall be acquired by the Commission in the manner above specified in any other town except by contract with the officials of the town in which such land shall be located.
(e) Authority of the Commission to accept, control property. The Commission is hereby authorized and empowered to accept, with the approval of the Board of Alders, any and all devises, legacies, or gifts of property, either real or personal, of any kind or class, that may be given or left to it by will or devise, and the Commission is hereby given full power and authority, as trustees or otherwise, to invest, reinvest property of any class or kind, already given, or which may hereafter be given, either to the Commission or the defunct Board of Park Commissioners, or to the City of New Haven in trust for the use of the Commission.
Sec. 2¼-33. Applicability of budgeting, financial provisions to Director and park commission.
The Commission and departments related thereto shall be subject to all the provisions of the City Charter pertaining to budgetary control and financial administration which are applicable to other departments, agencies, and offices of the City except when the same conflicts with the discretion of the director and the Commission in the management and control of trust funds for park purposes.
Sec. 2¼-34 through 2¼-39. Reserved
ARTICLE VI - BOARD OF PUBLIC HEALTH
Sec. 2¼-40. Establishment.
As required by Article VII, Sec. 4.E of the Charter, there shall be a Board of Public Health.
Sec. 2¼-41. Appointment and Membership.
The Board shall consist of six (6) members.
(a) Terms. Members of the Board shall be appointed by the Mayor for a term of five (5) years. The Mayor shall appoint one (1) member every year from the first (1st) day of February, except in the year when two (2) members have completed their term of office in which year two (2) appointments shall be made.
(b) Qualifications. At least two (2) of the members shall be doctors of medicine, from an accredited school of medicine.
Sec. 2¼-42. Employees.
The department shall have such a number of professional and clerical assistants as said Board shall prescribe.
Sec. 2¼-43. Duties.
(a) Adoption of Rules and Regulations. On recommendation of the Director of Public Health it shall have the power to adopt such rules and regulations, not inconsistent with the General Statutes or the provisions of this Charter, as in its judgment the prevention of disease and the preservation of public health shall require. Such rules and regulations shall be published and enforced in the same manner as City Ordinances.
(b) Advisory Functions. The Board of Public Health shall advise with the Director of Public Health on matters pertaining to the duties of office and to the conduct of the department.
Sec. 2¼-44 through 2¼-49. Reserved
ARTICLE VII - BOARD OF LIBRARY DIRECTORS
Sec. 2¼-50. Statement of Purpose.
The City of New Haven recognizes the right of all its citizens to have full and unlimited access to information and knowledge so that they can meet the needs of daily living, have the opportunities for self-education and participate successfully in self-government.
Sec. 2¼-50. Establishment.
As required by Article VII, Sec. 4.F of the Charter, there shall be a Board of Library Directors. Said Board shall have charge of all the property of said City used for the purposes of said library and shall direct the expenditures of all money placed at its disposal by the City from whatever source derived.
Sec. 2¼-51. Appointment and Membership.
Notwithstanding the provisions of this Charter to the contrary, the Board shall consist of nine (9) directors and the Mayor who may preside ex officio over said Board and who shall vote only to dissolve a tie.
(a) Terms.
(i) In January 1952, and in every third year thereafter, and in January 1953, and in every third year thereafter, the Mayor shall appoint two (2) directors to hold office for three (3) years from the date of their appointment.
(ii) In January 1952, and annually in said month thereafter, the Mayor shall appoint one (1) Alder of the City to hold office as director for one (1) year; provided, however, that if said appointee shall at any time during the year cease to be a member of the Board of Alders, then said appointee's term of office as director shall also expire, and the Mayor shall fill the vacancy by the appointment of another Alder to hold the said office of director for the remainder of one (1) year.
Sec. 2¼-52. General Duties of the Board.
Said Board shall make and enforce such rules and regulations as it may deem proper, for the management, protection and preservation of the property of said library.
(a) Regulation of use of library. Said Board may make rules, extending, upon such terms and under such conditions as to the Board may seem best, all of the privileges of said library to any or all of the following classes of persons, viz.: First, to nonresidents attending school or college within the limits of said City of New Haven; second, to nonresidents doing business in said City of New Haven who pay taxes therein; third, to all nonresidents on the payment of such sums as may be fixed by the Board of Library Directors.
(b) Disposition of library receipts; books and records; debts exceeding available funds prohibited. All receipts of said library from fines, sales of books, catalogues and all other receipts shall be added to said fund and shall be at the disposal of said Board. All bills and vouchers for expenses incurred shall be kept on file in said library, subject to inspection by the City Controller, the Corporation Counsel and the members of the board of directors of said library. In no case shall the Board of Library Directors incur any debt for the free public library beyond the amount of current funds on hand and the previous unexpended appropriations of the budget.
(c) Gifts, devises, legacies for library purposes. The Department of the Public Library is hereby authorized and empowered to accept any and all devises, legacies or gifts of property, either real or personal, of any kind or class, that may be given or left to it by will or devise; and the Board of Library Directors of the Public Library is hereby given full power and authority, as trustees or otherwise, to invest, reinvest and to have complete direction and management over all such property of any class or kind, already given, or which may hereafter be given, either to said free public library of New Haven, or to the City of New Haven in trust for the use of the said free public library, and may, in connection therewith, engage the services of any bank or trust company maintaining a trust investment section, for advice and recommendations in connection with the management, investment and reinvestment of said trust funds. All funds, moneys, bonds, mortgages and securities of any class or kind which have been or may be hereafter given to the free public library of New Haven, or to the City of New Haven in trust for the use of the free public library, shall be kept by the City Treasurer who shall give a bond, in addition to the bond otherwise required by him, in an amount satisfactory to the Board of Library Directors, for the care and safekeeping of the said securities, and who, upon notification of a vote of said Board of said free public library, shall allow any bank or trust company chosen by the vote of said Board to have possession of the trust funds in common with said City Treasurer so that neither said City Treasurer nor such bank or trust company shall alone have access to the trust funds. The Board of Library Directors may maintain a common trust fund in which may be included all funds and investments of one or more trusts held by the City of New Haven or the Board of Library Directors for the benefit of the Department of the Public Library.
Sec. 2¼-53 through 2¼-59. Reserved
ARTICLE VIII - CIVILIAN REVIEW BOARD
Sec. 2¼-60. Civilian Review Board.
(a) As required by Article XII, Sec. 4.G of the Charter there shall be a Civilian Review Board.
(b) The Civilian Review Board has the authority to monitor, review, and conduct independent investigations of civilian complaints of police misconduct by police officers empowered to act with municipal police powers in the City of New Haven.
(c) The office and the professional staff that provide assistance to the Civilian Review Board shall be located in, the Office of the Commission on Equal Opportunities.
(d) The Office of the Civilian Review Board shall be funded permanently by annual allotments for personnel, services, equipment, supplies, and facilities in an amount no less than that of similarly sized existing departments, offices, and agencies of the City of New Haven.
(e) The Office of the Civilian Review Board may not be eliminated by any action of any part of the executive branch of government of the City of New Haven.
(Ord. No. 1853, §1, 1-7-19); Ord. No. ____ 8-5-24, transferred from §2-796 (a) - (d) to §2¼-60 (b) - (e); §2¼-60 (a)(New).
Sec. 2¼-61. Objectives.
The Civilian Review Board's function is to create a public, transparent, and impartial means by which to review, monitor and independently investigate any civilian complaints of police misconduct against a police officer employed by a police department empowered to act with municipal police powers in the City of New Haven.
(Ord. No. 1853, § 2, 1-7-19); Ord. No. _________ __-__-24 (transferred from 2-797 to 2¼-61)
Sec. 2¼-62. Membership.
(a) The Civilian Review Board shall consist of a number of members with no more than fifteen (15), and shall, at a minimum, consist of members selected as follows: one (1) member from each of the police districts in the City of New Haven, one (1) member of the Board of Alders, and, at least, two (2) at-large members.
(b) A non-at-large member, who moves from one policing district to another policing district, within six (6) months of the term expiration date, may complete the term to which that member was appointed.
(c) All members of the Civilian Review Board shall be residents of the City of New Haven.
(d) No member of the Civilian Review Board shall be a current sworn officer of any police department or law enforcement entity.
(e) Except for the member of the Board of Alders appointed by the president of the Board of Alders, no current elected official shall be a member of the Civilian Review Board.
(Ord. No. 1853, §3, 1-7-19) (Ord. No. ____ 8-5-24, 2-798 (b) was add and sub sections (b) - (d) were modified to (c) - (e)) (Ord. No. ____ 8-5-24, transferred §2-798(a) - (e) to §2¼-62(a) - (e)).
Sec. 2¼-63. Appointment.
(a) The Mayor shall nominate all members of the Civilian Review Board, except the at-large members, who shall be nominated by the Board of Alders, and the aldermanic representative, who shall be a member of the Board of Alders appointed by the President of the Board of Alders.
(b) All nominees shall be confirmed by a majority vote of the Board of Alders.
(c) The Board of Alders shall maintain a list of community engagement organizations or similar neighborhood-based organizations, who are interested in offering names of prospective Civilian Review Board members.
(d) The Civilian Review Board shall be reflective of the city's diversity.
(Ord. No. 1853, § 4, 1-7-19) (Ord. No. ____ 8-5-24, 2-799(c), (f) and (g) were repealed.) (Ord. No. ____ __-__-24, §2-799(a) - (d) transferred to §2¼-63(a) - (d))
Sec. 2¼-64. Term.
Except for the initial term of the representatives for the odd number policing districts which shall be three (3) years, the term of office for each member shall be two (2) years. The terms shall be staggered as follows: initial appointments to odd-numbered police districts shall be for a period of three (3) years only, and all other and all subsequent appointments shall be for a period of two (2) years. The initial term of the member of the Board of Alders shall end on December 31, 2019, or until a successor is appointed and duly qualified.
(Ord. No. 1853, § 5, 1-7-19)(Ord. No. _______, §2-800 transferred to 2¼ -64.)
Sec. 2¼-65. Duties.
The Civilian Review Board shall have the following authority, and such other authority as may be set forth by ordinance:
(a) To monitor, review and independently investigate civilian complaints of alleged police misconduct against any police officer acting in the City of New Haven pursuant to municipal police powers to monitor and review the processing of internal affairs complaints by any police department acting within the City of New Haven pursuant to municipal police powers in order to make sure such processing is complete, accurate and factually supported; and to make recommendations to the police chief alongside any recommendations made by internal affairs;
(b) To receive a copy of any civilian complaint of alleged police misconduct filed against any police officer acting in the City of New Haven pursuant to municipal police powers within five (5) days of the filing of said complaint;
(c) To receive, in writing, a copy of any findings of fact and/or recommended disposition of a complaint at the same time it is forwarded to internal affairs, before it is submitted for final action to the relevant chief of police and to interview the officer(s) preparing such proposed findings of fact and/or recommended disposition;
(d) To hear appeals from any civilian complainant within ninety (90) days of the completion of an internal affairs investigation by any police department acting within the City of New Haven pursuant to municipal police powers;
(e) To require any police department acting within the City of New Haven pursuant to municipal police powers to investigate civilian complaints of alleged police misconduct in the event no investigation has been commenced after an initial complaint;
(f) To prepare an annual report to the Office of the Mayor and the Board of Alders indicating:
(i) The number, type, and basic facts of complaints filed;
(ii) The number of police officers against whom complaints were filed and the number of police officers against whom multiple complaints were received;
(iii) The Civilian Review Board's findings and recommendations on the complaints;
(iv) Internal affairs' findings and recommendations on the same complaints; and
(v) The disposition of the complaints, provided such disclosure does not violate confidentiality laws and regulations;
(vi) To require any police department acting within the City of New Haven pursuant to municipal police powers to reopen any closed investigation and to continue an investigation, if in the judgment of the Civilian Review Board, an initial investigation was incomplete, unfair, or otherwise unresolved;
(vii) To recommend revisions to policies, the manner of processing civilian complaints, training protocols, and/or provisions of general orders or departmental standards, to any police department acting within the City of New Haven pursuant to municipal police powers;
(viii) To develop policies and procedures for the filing and processing of civilian complaints to the Civilian Review Board, for the operations of said board, and for the training of members of said board and the community-based agencies and organizations, as selected by said board;
(ix) To develop a memorandum of understanding with the Yale University Police Department designed to effectuate the goal of assuring transparent civilian review of any civilian complaint of an alleged police misconduct by an officer employed by a police department acting within the City of New Haven pursuant to municipal police powers.
(Ord. No. 1853, § 6, 1-7-19) (Ord. No. ____ __-__-24, §2-801(1) - (6) transferred to §2¼-65(a) - (f)))
Sec. 2¼-66. Investigations.
(a) When the Civilian Review Board by simple majority vote of members present determines it in the public interest, the Civilian Review Board shall contract or hire the services of certified independent investigators who are not active, sworn police officers. The Civilian Review Board shall rely upon the findings and investigative reports of the independent investigator in making recommendations.
(b) The independent investigator shall have access to the same files and reports as internal affairs, as allowed by existing statutes or requirements of law.
(c) In appropriate circumstances, the Civilian Review Board may take sworn testimony from witnesses concerning the alleged misconduct which is the subject of the complaint. Any officer or member of the police department may be called to attend and participate as allowed by existing statutes or requirements of law.
(d) Following the review of a civilian complaint, the Civilian Review Board will promptly report its findings and recommendations to the police chief, the Board of Police Commissioners, and the complainant. These recommendations may include discipline or other actions the Civilian Review Board deems appropriate.
(e) The police chief shall not make a decision regarding a civilian complaint until said chief has received the findings and recommendations of both the Civilian Review Board and internal affairs. Should the police chief elect not to accept either the findings or the recommendations of the Civilian Review Board, the chief shall promptly notify the Civilian Review Board, in writing, of such decision and the reasons for said decision related to the specific civilian complaint. In the event the police chief adopts the findings or accepts the recommendation of the Civilian Review Board, she or he shall promptly notify in writing the Civilian Review Board.
(Ord. No. 1853, § 7, 1-7-19) (Ord. No. ____ __-__-24, §2-802(a) - (e) transferred to §2¼-66(a) - (e); §2¼-66(e) modified to reflect gender neutrality)
Sec. 2¼-67. Staff.
The Civilian Review Board shall have the authority to hire, with the approval of the Board of Alders, such staff as is necessary to perform the duties herein described and to perform such other tasks as the Civilian Review Board may in its discretion require with the exception of the first Civilian Review Board coordinator, who shall be hired by the Board of Alders.
(Ord. No. 1853, § 8, 1-7-19) (Ord. No. ____ __-__-24, §2-803 transferred to §2¼-67)
Sec. 2¼-68. Applicability of other Laws.
Nothing in this article shall exempt any person from applicable provisions of any other laws of the city, state, federal, or other appropriate jurisdiction.
(Ord. No. 1853, § 9, 1-7-19) (Ord. No. ____ __-__-24, §2-804 transferred to §2¼-68)
Sec. 2¼-68. Confidentiality of Records.
The provisions of this chapter are intended to preserve and enhance the security of persons and property within the city. Where public release of certain information may put someone in jeopardy, it shall be the intent of the Civilian Review Board to preserve the confidentiality, where permitted by law.
(Ord. No. 1853, § 10, 1-7-19) (Ord. No. ____ __-__-24, §2-805 transferred to §2¼-69)
Sec. 2¼-69 - 74. Reserved.
Chapter 19 PARKS, RECREATION AND TREES
Sec. 19-1. Definitions.
As used in this chapter, the following terms shall have the following meanings:
(1) Commission shall mean the " Commission on Parks, Programs, and Recreational Facilities."
(2) Director shall mean the director of the parks department or his/her designee(s).
(3) Parks department shall mean the "department of parks, recreation and trees."
(Ord. of 5-3-82, § 1; Code of 1985, § 19-1; Ord. No. 1406, 3-6-06)
Sec. 19-2. Parks department; created.
Pursuant to city charter section 113 as amended from time to time, there shall be a parks department in the City of New Haven. It shall consist of a director, a Commission on Parks, Programs, and Recreational Facilities, and department employees.
(Ord. No. 1406, 3-6-06)
Sec. 19-4. Parks department; commission.
In accordance with Article VII, Sec. 4.D of the Charter there shall be a Commission on Parks, Programs, and Recreational Facilities as set forth in Sec. 2¼-30 through 2¼-39. In addition to the powers and authority set forth therein, the Commission shall provide policy advice concerning the use, preservation and enjoyment of all city parks and recreation areas to the director and evaluate such policies.
(Ord. No. 1406, 3-6-06)
Sec. 19-5. Rules of conduct and prohibited acts.
(a) All parks and other facilities under the jurisdiction of the Commission on Parks, Programs, and Recreational Facilities and the parks department will be governed and controlled by the following rules of conduct, and by other rules and regulations set forth herein pertaining to specific parks or facilities.
(b) Any person who violates, assists or encourages the violation of any of the following rules in any park, playground or other facility under the jurisdiction of the Commission on Parks, Programs, and Recreational Facilities, or the parks department, will be charged with an offense, and upon conviction, fined up to the maximum amount authorized by state statutes or this Code. Upon conviction, such person(s) shall also be responsible for the costs of injury to persons or property caused as a result of such violation:
(1) Public gathering, permit requirement. An organization, group, or individual requesting permission to hold or present an organized event, assembly, public speech, musical program, festival, or similar activity in any park area shall obtain a permit from the director or his/her designee(s) in accordance with this chapter.
The permit requirement shall not apply to students attending school in New Haven, who are engaged in educational activities under the immediate direction and supervision of the proper school authorities, nor to informal picnics as defined in this chapter.
(2) Commercial vendors, selling. No individual or commercial entity shall operate any vending enterprise, nor offer for sale or sell any good(s) or service(s) unless such vendor is employed or retained by the parks department or is licensed by the appropriate authorities and has obtained a permit from the director or the designee(s).
(3) Domestic animals. Domestic animals shall not be permitted to enter or go at large in any park, except for dogs held on a leash by their keepers.
(4) Horses. Horseback riding is not allowed in any park except on designated bridle trails. Horses shall be thoroughly broken and properly restrained, ridden with due care, and shall not be allowed to graze or go unattended.
(5) Structures, plants, trees, earth, water. No person shall:
(i) Mark, deface, disfigure, injure, tamper with, destroy, displace or remove any building, bridge, table, bench, fireplace, railing, pavement or paving material, water line or other public utility or part or appurtenance thereof, sign, notice or placard, monument, stake, post, boundary marker, or other structure, equipment, facility, park property or appurtenance.
(ii) Dig or remove any soil, rock, sand, stone, tree, shrub, plant, wood or other material, or make any excavation by tool, equipment, blasting or other means or agency.
(iii) Construct or erect any building or structure for temporary use, or run or string any public service utility into, upon or across any park, except on special written permit from the director or his/her designee(s).
(iv) Damage, cut, carve, mark, transplant or remove any plant, injure the bark, pick a flower or seed of any tree or plant, dig or otherwise disturb grass in any area, or in any other way injure the natural elements of any park area.
(v) Climb any tree or wall; climb, stand or sit upon a monument, vase, planter, fountain, railing, fence, or upon any other property or structure not designated or customarily used for such purpose.
(vi) Attach any rope, cable or other contrivance to any tree, fence, railing, bridge, bench or other property or structure.
(vii) Throw, discharge, place or cause any substance, matter or thing to be placed in any body of water in or adjacent to any park, tributary, sewer or drain flowing into such water, which will or may result in the pollution of such waters.
(6) Wildlife. No person shall hunt, molest, harm, frighten, kill, trap, pursue, chase, tease, shoot or throw missiles at any animal, wildlife, reptile or bird; nor remove or have in his/her possession the young of any wild animal, nor the egg, nest or young of any reptile or bird. However, any snake known to be deadly poisonous may be killed on sight.
(7) Disturbing conduct. No one shall engage in breach of the peace or disorderly conduct as defined by Conn. General Statutes section 53a-182 as amended from time to time.
(8) Litter/dumping. No person shall take in, dump, deposit, leave, place or cause any bottle, broken glass, ash, paper, box, can, dirt, rubbish, waste, garbage, refuse, or other trash to be placed on any park land, or in any waters in or contiguous to any park. Refuse and trash produced in any park shall be placed in proper receptacles where provided; where receptacles are not provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere.
(9) Ball playing. Ball playing and other group games may be played in an undesignated open area, and only where such activity does not interfere with the general public's normal use of the park.
(10) Bathing. No one shall bathe, swim or wade in any water or waterway in or adjacent to any park, except in such water and at such place and hour as the director or his/her designee(s) shall designate by a notice displayed for that purpose.
(11) Fires. No one shall light, kindle, or use any fire except in connection with an approved picnic grill at Lighthouse Point Park, Fort Nathan Hale Park, Margaret Fisher Memorial and East Rock Park. Only self-contained fires in a fireproof vessel for cooking purposes will be permitted. Fires shall be totally extinguished, and ashes or coals disposed of in a proper receptacle upon termination of use.
(12) Firearms. It shall be unlawful for any person to bring into or have in his/her possession in any park or recreation area:
(i) Any pistol, revolver or object(s) in which loaded or blank cartridges may be used, except for official starters at authorized track and field events.
(ii) Any burglar tool(s), implement(s) or similar equipment.
(iii) Any rifle, shotgun, air gun, spring gun, slingshot, bow or other weapon in which the propelling force is gunpowder, a spring or compressed air.
(13) Fireworks, explosives, missiles. No one shall ignite, explode or throw any firework, firecracker, rocket, explosive or other missile without a license from the appropriate authorities and a permit from the director.
(14) Motor vehicles. No one shall park any vehicle (except baby carriages) on any park drive or road, or drive at a speed more than twenty-five (25) miles per hour on any park drive or road. No one shall operate or park any such vehicle upon the turf, lawn, sidewalk and footpath, or any other park land, except in such place and at such time as may be designated by the director. No one shall wash, clean or repair any motor vehicle in any park.
(15) Boat launching. No one shall launch, set forth in or place any boat or water borne conveyance in the water, in or adjacent to any park, except at the designated boat launch location at Lighthouse Point, unless a permit is first obtained from the director or the designee(s). This prohibition shall not apply to canoe launch sites.
(16) Opening and closing hours. Except as hereinafter expressly permitted, no one shall enter or remain in any park, playground or other facility during the following times and under the following conditions:
(i) In any park, playground, or other facility before 6:00 a.m. or after sunset.
(ii) Access roads to East Rock Park including Summit Drive (i.e. Hillhouse Drive), Trowbridge Drive, and English Drive are open all the time except when the director or the designee determines that public safety is threatened.
(iii) After 10:00 p.m. in lighted areas.
(iv) By permit, exceptions to the above hours may be allowed in accordance with procedures established by the parks department.
(v) The director may declare any section or part of any park to be closed to the public at any time and for any interval of time for maintenance of the facility, or if the park has been properly reserved by a group.
(17) Public fountains. The following activities shall not be allowed in a public fountain:
(i) Wading, swimming, running in or otherwise entering a public fountain;
(ii) Throwing any foreign objects or materials into a public fountain;
(iii) Committing any activity which causes damage to a public fountain or contaminating the water in a public fountain.
(18) A public fountain shall not be used in a special event unless a permit from the director is obtained.
(Ord. of 5-3-82, § 1; Code of 1985, § 19-2; Ord. of 5-2-88; Ord. No. 1333, 10-20-03; Ord. No. 1406, 3-6-06)
Sec. 19-6. Picnics.
(a) The parks department does not require a permit for informal picnics in any of its parks. There is a permit fee as authorized, established and amended from time to time by the Board of Alders, and listed in this Code for organized group picnics. An organized group picnic is any gathering of a group of individuals with a unified purpose or membership, which will exclude the public at large from the area to be covered by a permit.
(b) Picnic permits are issued on the condition that the applicant will not sell, distribute or otherwise make available intoxicating liquors in connection with the use of such permit. This stipulation does not apply to beer and wine at Lighthouse Point Park.
(Ord. of 5-3-82, § 1; Code of 1985, § 19-11; Ord. of 5-5-86, § 1; Ord. No. 1345, 2-2-04; Ord. No. 1406, 3-6-06)
Sec. 19-7. Permit application; procedure and contents.
(a) Applications for a park/recreational facility permit shall be filed with the director at the parks department office at least twenty-one (21) days prior to the date applied for.
(b) The application shall state:
(1) The type of activity and name of the person or organization proposing such activity;
(2) Whether the activity is proposed on behalf of or by an organization, and if so, the name, address and telephone number of the headquarters of the organization, and of the authorized agent of such organization;
(3) The name, address and telephone number of the chairperson or director of the proposed activity who agrees to be responsible for its conduct;
(4) The name, address and telephone number of the person or organization to whom the permit is to be issued;
(5) The date when such activity is to be conducted;
(6) The park, recreational facility or portion thereof for which the permit is desired;
(7) An estimate of the anticipated attendance;
(8) The hours when the activity will start and terminate;
(9) Whether the activity is to be held by, on behalf of, or for any person other than the applicant. If so, the applicant for such permit shall file a written communication from the organizer authorizing the applicant to apply for the permit on his/her behalf. Such authorization is to be filed with the director; and
(10) In the event the permit involves Lighthouse Point Park, Fort Nathan Hale Park, East Rock Park or Margaret Fisher Memorial, whether permission to build a fire is requested.
(Ord. of 5-3-82, § 1; Code of 1985, § 19-13; Ord. No. 1406, 3-6-06)
Sec. 19-8. Permit issuance.
In order to ensure the public's fair and full use of the city parks, to promote general public enjoyment of the parks through coordinated scheduling of activities, and to promote health, safety, welfare and recreation: The director, with the concurrence of the city's chief of police, and in appropriate cases, the director of the department of public works, director of traffic and parking, fire marshal, and building and electrical inspectors of the city, may issue permits upon the payment of a fee as authorized, established and amended by the Board of Alders from time to time, and as listed in this Code, for the use of any city park or recreational facility by any person or entity unless the director finds:
(1) The facilities desired have been reserved for other use on the day and hour requested in the application. In such case, an alternative site will be offered if available;
(2) The activity is to be held for the sole purpose of advertising products or goods, and/or is designed to be held purely for commercial profit; or
(3) The proposed attendance, duration and usage of sound amplification equipment, either alone or in combination, would constitute a disturbance of the surrounding neighborhood. If the applicant's request is denied, the director shall use his/her best efforts to offer an alternative location acceptable to the applicant.
(Ord. of 5-3-82, § 1; Ord. of 5-5-86, § 2; Code of 1985, § 19-14; Ord. of 6-6-88, § 8; Ord. of 5-29-90; Ord. No. 1406, 3-6-06)
Sec. 19-10. Appeal procedure with respect to refusal of permits.
The director shall grant the permit or inform an applicant in writing of the reason for denying it within seven (7) days after the application's receipt. Any aggrieved applicant shall have the right to appeal such denial in writing to the Commission on Parks, Programs, and Recreational Facilities within ten (10) days. The Commission shall consider the application at its next regular or special meeting, and either sustain, overrule or modify the director's decision, and any special conditions imposed by him/her. The presiding officer of the Commission shall provide advance written notice to the city clerk within twenty-four (24) hours of any special Commission meeting.
(Ord. of 5-3-82, § 1; Code of 1985, § 19-16; Ord. No. 1406, 3-6-06)
Sec. 19-11. Posting and notice.
(a) The director shall post sections of these rules and regulations in each park, playground and other facility under the jurisdiction of the parks department.
(b) The director shall furnish the chief of police with a complete list of parks, playgrounds and other facilities under the director’s jurisdiction including the rules and hours of operation and shall update such list as needed. The director shall file such list with the city clerk.
(Ord. of 5-3-82, § 1; Code of 1985, § 19-17; Ord. No. 1406, 3-6-06)
Sec. 19-13. Lighthouse Point Park.
(a) Hours of Operation:
Park hours:
In season: (the Friday preceding Memorial Day through Labor Day and any other times to be opened at the discretion of the director of parks, recreation and trees), 6:00 a.m. to 9:00 p.m.
Off-season: (all other times), 6:00 a.m. to sunset.
Boat launch hours:
Boat launching is restricted to the hours posted by the director and filed in the city clerk's office. If such hours are inconsistent with state rules and regulations, the state rules and regulations shall prevail.
(b) Fees: During the season, fees shall be paid in accordance with those which are authorized, established and amended from time to time by the city's Board of Alders, and listed in this Code. These include fees for parking, picnic shelter reservations, use of facilities, and use of the carousel and building.
(1) New Haven residents may obtain a free seasonal parking sticker issued by the director. The sticker shall be affixed to the driver's side of the front windshield of the vehicle. A sticker so affixed shall be valid at, and during the hours of operation of, Lighthouse Point Park from the issuance date through the last day of the season for which the sticker has been issued.
(2) Buses shall not be allowed in Lighthouse Point Park on Saturdays, Sundays or holidays, except for regularly scheduled Lighthouse line buses operated by the Connecticut Department of Transportation which enter the park as part of the normal operation.
(c) Free facilities: The following facilities at Lighthouse Point Park will be available free of charge:
(1) Bathing beach with lifeguards on duty, as noted in this section;
(2) Picnic tables, as available;
(3) Picnic grills, as available;
(4) Playground equipment and designated play areas; and
(5) Boat launching ramp.
(d) Free admissions: Groups of children participating in organized playground and day camp programs operated by the City of New Haven, who are accompanied by adequate adult supervision to the satisfaction of the director or his/her designee(s), shall be admitted free to use the park area and its facilities upon display of a permit issued by director or his/her designee(s) under this chapter.
(e) Additional rules of conduct: Besides the rules set forth in this chapter pertaining to general rules of conduct and prohibited acts, the following rules of conduct are applicable to Lighthouse Point Park, and are subject to the same penalties for violation:
(1) Bathing and swimming shall be confined to the beach on the south side of the park, or to such other specific areas as designated by the director.
(2) Bathing and swimming in the waters off the west side, or harbor side, are expressly prohibited.
(3) Sleeping or loitering in the bathhouse is expressly prohibited.
(4) Ball playing and other activity that interferes with the comfort of the persons using the bathing beach are expressly prohibited.
(5) Bringing controlled or dangerous substances and alcoholic beverages to the park; and/or drinking or using the same in the park at any time. This provision shall not apply to permitted events within the Carousel building with a New Haven police officer on duty. Being under the influence of intoxicating liquor or a controlled or dangerous substance in the park is expressly prohibited.
(6) Soliciting contributions in the park for any purpose is expressly prohibited.
(7) Playing any game of chance or being in possession of any gambling instrument or device in the park is expressly prohibited.
(8) Camping or staying overnight anywhere in the park without the director's consent is expressly prohibited.
(9) Failing to produce and exhibit a permit upon request of any authorized person desiring to inspect the same is expressly prohibited.
(10) Disturbing or interfering unreasonably with any person or party occupying any area of the park is expressly prohibited.
(11) Commercial vendors, other than those operating concessions owned by the city, are expressly prohibited in the park.
(f) Carousel hours and rental fees:
(1) The carousel shall be in regular operation from Memorial Day through Labor Day. The director will determine the hours of operation at the start of the season.
(2) The director shall have the authority to open or close the carousel to the public at any time, and/or for any interval of time, either temporarily or at regular or stated intervals (in and out of season), for the maintenance of the facility, or if the carousel has been properly reserved by a group, or if weather conditions prohibit or do not allow the safe and comfortable operation of the carousel.
(3) A membership card obtained from the Friends of the Lighthouse Park Carousel, Inc. shall be recognized as an in-season pass to the carousel, and shall be honored upon presentation to the ride operator for a ride by the individual member only bearing said card. Said membership card shall not be transferable.
(4) The parks department will assume all costs associated with operation of the carousel for special parks department sponsored events. All other city agencies or departments requesting use of the carousel and carousel building for special events must agree to assume all costs, including overtime costs, incurred in the use and operation of the carousel.
(5) All children forty-two (42) inches in height or less must be accompanied by an adult who shall ride free of charge.
(6) The carousel and carousel building may be rented by individuals, groups or organizations in accordance with the fee as authorized, established and amended from time to time by the Board of Alders, and listed in this Code.
(7) The rental charge for the use of the carousel building by persons or groups other than city agencies or departments shall include the following:
(i) Adequate accident and liability insurance as determined by the director, which must be secured and supplied as proof of such insurance before the use of the carousel and carousel building.
(ii) Adequate measures for security of the facility and participants in the event as required by the director.
(8) The Friends of the Lighthouse Park Carousel, Inc., a 501-(C)(3) nonprofit organization formed for the sole purpose of restoring and supporting the continued operation of the Lighthouse Point Park Carousel, shall be granted special privileges regarding the rental charges for the carousel and carousel building as follows:
(i) The Friends of the Lighthouse Park Carousel, Inc., shall be allowed up to three (3) days for special fund raising events. The days are to be determined mutually between the Friends of the Lighthouse Park Carousel, Inc., and the director. All proceeds from these events shall be deposited in the carousel endowment and restoration fund. The parks department shall assume all costs of operating the carousel for such events.
(ii) The Friends of the Lighthouse Park Carousel, Inc. are prohibited from assigning the rights and privileges described in subsection (8)(i) above to any other individual, group, or organization.
(9) Lighthouse Park Carousel Event Fund established.
(i) A fund entitled the Lighthouse Park Carousel Event Fund ("the fund") is established to account for revenues and expenses associated with usage of the Lighthouse Point Park Carousel Pavilion ("the facility") for special events.
(ii) The mayor shall submit the annual fund budget as a component of the annual city budget submission required by this Code. The fund's budget shall become effective upon approval by order of the Board of Alders. This budget shall include estimates of the accrued unexpended balance, which may be available from prior years' operations, revenues which may be earned from fees imposed on rentals of the carousel and the facility, and expenditures which may be incurred during the fiscal year for which said budget is proposed. The director of the parks department may adjust expenses to meet actual conditions at the facility, provided that expenditures incurred may not exceed the sum of revenues earned during the fiscal year plus unexpended balances available from prior years' operations. Overtime expenses incurred in the general fund, which are associated with the use of the facility for special events, shall be allocated at least quarterly to the fund. Any unexpended balance in the fund at the end of the fiscal year shall remain in it and be carried forward as allowed by Conn. General Statutes section 7-148(2)(K).
(iii) An annual report on the fund shall be provided pursuant to this Code.
(iv) Sums appropriated by the Board of Alders for operation, maintenance or capital repairs of the facility may be used to supplement expenditures from the fund. The board must appropriate the sums before they are added to it.
(Ord. of 5-3-82, § 1; Ord. of 4-15-85, § 6; Code of 1985, § 19-3; Ord. of 5-16-85; Ord. of 6-6-88, § 4a; Ord. of 5-17-93; Ord. of 8-7-95; Ord. of 5-19-97; Ord. of 5-24-99; Ord. No. 1263, 5-1-00; Ord. No. 1289, 8-5-01; Ord. No. 1345, 2-2-04; Ord. No. 1406, 3-6-06; Ord. No. 1577, 12-15-08; Ord. No. 1639, 9-7-10)
Sec. 19-14. Athletic fields.
(a) Areas under the jurisdiction of the parks department are available for athletic events including, but not limited to, softball, baseball, soccer and football. Playgrounds/athletic fields are to be governed by rules including, but not limited to, the following:
(1) Collection of money for attendance at athletic events on park property is expressly prohibited unless a permit is obtained from the director.
(2) Betting, playing for stakes, or other gambling on any sporting event are expressly prohibited.
(3) Care must be taken that property is not injured or destroyed.
(b) The parks department has the authority to issue permits for the scheduled use of playground areas/athletic fields. Those areas not reserved by permits may be used without charge by any resident who follows the regulations governing their use.
(c) Violation of rules issued by the director or his/her designee may result in penalties.
(d) Fees for entry, use of a practice field, use of lights and tournament fees shall be those authorized, established and amended from time to time by the Board of Alders, and are listed in this Code.
(Ord. of 5-3-82, § 1; Code of 1985, § 19-4; Ord. of 5-29-90; Ord. of 5-24-99; Ord. No. 1354, 5-3-04; Ord. No. 1406, 3-6-06)
Sec. 19-17. Golf course improvement revolving fund.
(a) A golf course improvement revolving fund is established to support capital expenditures for playing surface maintenance, repair, and reconstruction at the Alling Memorial Golf Course. Said fund shall derive its income from receipts of the surcharge on fees provided for in this chapter, and interest which may be earned on the balance in said fund. Relevant charter provisions and ordinances pertaining to capital projects shall govern appropriation of monies that accrue in said fund.
(b) Any new agreement, renewal or extension of the management agreement in effect on March 1, 1999, for operation of the Alling Memorial Golf Course shall specify that all sums collected in connection with the surcharge on fees provided for in the above section shall be deposited into the golf course improvement revolving fund. No sums collected in connection with said surcharge shall be included in calculations of fees or other compensation payable to the golf course operator.
(Code of 1985, § 19-7.1; Ord. of 3-18-91; Ord. of 2-17-98; Ord. No. 1406, 3-6-06)
Sec. 19-18. Golf course enterprise fund.
(a) A fund entitled the Alling Memorial Golf Course Enterprise Fund ("the fund") is established, commencing with the 1997-98 fiscal year. This fund shall account for all revenues and expenses associated with the operations and management of the Alling Memorial Golf Course.
(b) All assets, liabilities and reserves (including depreciation reserves) applicable to the Alling Memorial Golf Course shall be transferred to the fund effective July 1, 1997.
(c) The accounts and records of the fund shall be maintained under the enterprise fund accounting, in which the golf course is operated and managed under a private self-sustaining fund, governmental accounting, auditing, financial reporting and generally accepted accounting principles. The controller or designee shall prescribe the account and record forms, render reports and maintain such accounts and records pursuant to article VII, section 22(b) of the city charter as amended from time to time.
(d) The mayor shall submit the annual budget of the fund as a component of the annual city budget submission required by this Code, and such budget shall become effective upon approval by order of the Board of Alders.
(Code of 1985, § 19-7.2; Ord. of 5-5-97; Ord. No. 1406, 3-6-06)
Sec. 19-20. Ralph Walker Skating Rink at Blake Field.
(a) Hours of operation. Weather permitting, the rink shall be in operation from November 15th through March 15th. The director shall determine public skating hours, which shall be a minimum of seven hours per week with times on Saturdays, Sundays and holidays. Hours of public skating shall be clearly posted in the rink. Peak hours shall be all hours from Monday through Friday, 2:00 p.m. to 11:00 p.m., Saturdays, Sundays, holidays, and New Haven Public School vacation days. Contract ice rental rates shall be for fifty (50) minutes of ice time.
(b) Fee schedule. Rates for Ralph Walker Ice Rink ice rentals and skating shall be those authorized, approved and amended from time to time by the Board of Alders, and are listed in this Code.
(c) Rules of conduct. In addition to the rules of conduct found in this chapter, the following rules are applicable to the rink. The penalty for violation of these additional rules shall be forfeiture of use of the rink.
(1) No one shall be allowed on the ice without skates.
(2) Skaters must leave the ice when asked to do so by the rink operators.
(d) Skating Rinks Fund.
(1) A fund entitled the Skating Rinks Fund ("the fund") is established commencing with the 2000-01 fiscal year, to account for revenues and expenses associated with the operation, maintenance and improvement of any skating rinks owned by the city ("the facilities").
(3) An annual report on the fund shall be provided pursuant to this Code.
(4) Sums appropriated by the Board of Alders for operation, maintenance or capital repairs of the facilities may be used to supplement expenditures from the fund, but such sums shall not be added to the fund unless the board has appropriated them.
(Ord. of 5-3-82, § 1; Ord. of 4-15-85, § 6; Code of 1985, § 19-9; Ord. of 3-7-88, § 1; Ord. of 6-6-88, § 4b; Ord. of 5-29-90; Ord. of 11-18-91; Ord. of 3-7-94; Ord. of 11-10-94; Ord. of 5-24-99; Ord. of 11-20-00; Ord. No. 1345, 2-2-04; Ord. No. 1406, 3-6-06)
Sec. 19-21. Athletic leagues.
This section shall apply to all leagues operated by the recreation division of the parks department:
Fees. Entry fees payable by each team each season in softball and basketball leagues shall be those authorized, established and amended from time to time by the Board of Alders, and are listed in this Code.
(Ord. of 5-3-82, § 1; Code of 1985, § 19-10; Ord. of 6-6-88, § 4c; Ord. of 12-4-89; Ord. of 5-29-90; Ord. of 3-18-91; Ord. of 5-24-99)
Sec. 19-23. Use of stages and auxiliary equipment.
(a) Responsibility for costs. The parks department will assume all costs for use of the stages, bleachers, the public address system, generator and light tower when used for events sponsored by the city. All other entities requesting use of said stages or equipment must agree to assume all costs, including regular, overtime and other labor costs incurred by that use.
(b) Fees and costs. Rental or user fees for stages, bleachers, the public address system, generator and light tower shall be authorized, established and amended from time to time by the Board of Alders, and are listed in this Code.
(c) Insurance. In addition to applicable fees and costs as referenced above, adequate accident and liability insurance as required by the parks director must be secured and supplied in advance of said rental or use.
(d) Permit. Persons or groups must obtain a permit in order to rent stages and equipment referenced in subsection (a). This applies to all city agencies and departments except the parks department. A permit fee as authorized, established and amended from time to time by the Board of Alders shall be imposed as listed in this Code. However, a city department is not required to pay the fee to use them.
(e) Restriction of use. Stages and equipment described in subsection (a) of this section shall be rented only for use on property within the limits of New Haven, or on property outside the city limits that the city loans or leases.
(Ord. of 5-3-82, § 1; Ord. of 12-13-84; Code of 1985, § 19-19; Ord. of 5-5-86, § 3; Ord. of 6-6-88, § 4d; Ord. of 5-29-90; Ord. No. 1406, 3-6-06)
Sec. 19-24. Fees for building use.
Fees for the rental use of the Coogan and Salperto building shall be those as are authorized, established and amended from time to time by the Board of Alders and listed in this Code.
(Code of 1985, sec. 19-19.5; Ord. No. 1345, 2-2-04; Ord. No. 1406, 3-6-06)Sec. 19-25. Contractual relationships.
The Commission on Parks, Programs, and Recreational Facilities may enter into contractual relationships with profit and nonprofit organizations for programmatic use of parks and park structures, provided that the programs are in accordance with the intended use of the parks, and that the organization's activities are open to the public. Such contractual relationships must be within the limits of charter section 117 as amended from time to time and are to be distinguished from permits for activities elsewhere in this chapter.
(Ord. of 5-3-82, § 2; Code of 1985, § 19-20; Ord. No. 1406, 3-6-06)