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40:37-201.1 - Powers of commission as to use and enjoyment of parks; franchises;  use of proceeds from operation

40:37-201.1.  Powers of commission as to use and enjoyment of parks; franchises;  use of proceeds from operation
    The commission may provide and operate, or arrange for the operation of, such facilities for the use and enjoyment of its parks by the public as it may deem to be necessary and expedient.  It may also provide, at its discretion, by  a proper rule or regulation, for the terms upon which and the manner in which  all of such facilities may be used;  but nothing herein contained shall be  deemed to authorize the commission to issue or consent to licenses, privileges  or franchises to individuals or corporations for the operation for private  profit of any facility, utility or devise within the park, except upon terms  which will provide for limiting the operation of such license, privilege or  franchise to a period not exceeding twenty years in any event. No franchise  shall be awarded except after advertisement published at least once, ten days  prior to the date fixed for receiving bids, in a newspaper circulating in the  county, designating the time and place of the meeting at which the bids will be  received;  and no franchise shall be awarded except to the responsible person  or persons who will, in open competition, offer to pay to the commission the  highest return for such franchise;  and no license or privilege shall be let or awarded except upon terms reserving to the commission the power to revoke the  same for cause.

    The commission may provide for the pleasurable use, subject to rules and regulations, of its parks or any portion or portions thereof for general park purposes, and also by campers, camping parties, vacation outings of societies organized and operated not for pecuniary profit and by vacationists in general,  upon such terms as the commission shall fix and either with or without  financial compensation to the commission as it shall deem proper.

    The commission shall always have power, at any time, to close the grounds or  any part thereof and the buildings thereon and the privileges thereof to the  public or to any individual or individuals or to any group of individuals,  party or society and, without legal procedure, to evict and remove such persons  and their belongings from the buildings and grounds of its parks or portions  thereof when, by the determination of the commission, it is to the interest of  the county or of the public or of the park so to do. All proceeds derived from  the operation of such facilities or from any of the operations of the  commission shall be used by such commission for the development and management  of its parks, any general or special law to the contrary notwithstanding.

     L.1939, c. 360, p. 868, s. 1, eff. Oct. 9, 1939.

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