The City owns and operates the City Parks and other recreational areas through the Director of Parks and Recreation and the Parks and Recreation Department. The Parks and Recreation Department is also authorized to supervise and manage the Ridge Cemetery and the City Auditorium, and to regulate and direct the planting and cultivation of trees, shrubs, and vines on all streets, avenues and parkways in the City. The City Council, for the purpose of defraying the cost of the care, management, and maintenance of the Parks and Recreation Department may each year levy a tax not exceeding the maximum limit prescribed by State law, on the actual valuation of all real estate and personal property within the corporate limits that is subject to taxation. The revenue from said tax shall be known as the Park Fund and shall remain in the custody of the Director of Finance. The Department shall recommend to the City Council rules and regulations for the efficient management of the City Parks and other recreational areas of the City. The Department shall not enter into a contract of any nature which involves an expenditure of funds, except for ordinary operating expenses, unless the contract has been approved by resolution of the majority of the members of the City Council prior to the contractual agreement.

Each applicant for the use of park areas or facilities for events or activities shall deposit with the Parks and Recreation Department a sum to be determined by the Board of Park and Recreation Commissioners as a rental fee and damage deposit, such damage deposit to be returned to the applicant, less any deductions for damages and/or cleaning, after the event and inspection of the facility by the Director of the Park and Recreation Department or his or her designated representative.

It shall be unlawful for any person other than authorized governmental and service personnel in the performance of their duties to park or drive a motor vehicle on lawns, fields or any other place other than upon roadways and parking areas clearly constructed and established for such purposes within the parks of Fremont. Any person violating this section shall be deemed guilty of a misdemeanor.

All public parks of the City of Fremont shall be closed to the public between the hours of 11:00 p.m. at night and 6:00 a.m. the following morning. No person or persons shall be permitted inside parks either on foot or on in any type of vehicle during said hours unless for the specific purpose of traveling directly through the park using a public street or sidewalk which passes through said park. This shall not apply to a person or persons who are in the park in conformity with a function or activity for which a permit has previously been authorized or scheduled by the Parks and Recreation Department or the Mayor and City Council. When in the matter of public interest, the Chief of Police or his representative, may order any park closed for a period of time as may be deemed necessary for the safety and good order of the City. Any person violation this section shall be deemed guilty of a misdemeanor.

(a)

The Mayor and City Council shall appoint the Board of Parks and Recreation Commissioners. The Board shall be composed of six (6) members who shall be resident freeholders of the City. They shall be appointed for a three (3) year term by the Mayor and Council at their first meeting in January each year. It shall be the duty of the Mayor and Council to appoint or reappoint one-third of the Board each year for a term of three years. Each member shall serve until his successor is appointed and qualified. A vacancy occurring on such Board by death, resignation or disqualification of a member shall be filled for the remainder of such term at the next regular meeting of the City Council. The Mayor shall be an Ex-officio member of the Board and may vote when his vote would be decisive on any matter. The Board shall serve without compensation. Before entering upon his duties each member of the Board shall take an oath, to be filed with the City Clerk, that he or she will faithfully perform the duties of their office and will not in any manner be actuated or influenced therein by personal or political motives. At the time of the first meeting in February of each year, the Board shall organize by selecting from their number a chairperson. The Director of the Parks and Recreation Department or his designee shall act as ex-officio secretary. It shall be the duty of the secretary to keep the minutes and records of all meetings, and to timely file the same with the City Clerk as public records. A majority of the Board members shall constitute a quorum for the transaction of business. The Board shall meet at such times as the City Council may designate. Special meetings may be held upon the call of the chairman, or any two (2) of the Board members. It shall be the duty of the Board of Park and Recreation Commissioners to recommend rules and regulations for the proper care and maintenance of City parks, Ridge Cemetery and for the proper conduct of the recreational programs and activities of the City. Such Board shall have charge, direction and control of all parks, Ridge Cemetery and recreational facilities of the City including the approval of locations for and authorization of permits for all activities in the park system. The Board shall submit an annual written report to the Mayor and Council of its acts and doings.

(b)

Notwithstanding any other ordinance of the City, the Board of Parks and Recreation Commissioners shall have the right and authority to determine the use, the conduct of and the form of operation of parks, Ridge Cemetery and recreational facilities of the City in every manner and kind whatsoever. Further, the Board is authorized to regulate the cultivation and planting of trees, shrubs, and vines on all streets, avenues and parkways of the City. All employees of the City doing work in or for the City parks shall be under the supervision and direction of the Parks and Recreation Director. The Parks and Recreation Director shall be accountable to the Board, but will work under the supervision of the City Administrator. All actions of the Board shall be subject to the review and control of the City Council. The Board shall be responsible for making such reports and performing such other duties as the City Council may, from time to time, designate. No member of the City Council shall serve as a member of the Board of Park and Recreation Commissioners while serving a term of office as a member of the City Council.

There shall be a Board of Forestry Examiners which shall consist of the Director of Parks and Recreation, who shall act as secretary and official correspondent; and two (2) other members, one (1) of whom should be employed in the business of forestry or related fields.

Appointments to this Board, other than the Director of Parks and Recreation shall be by the Mayor and shall be for terms of two (2) years until their successors are appointed and qualified. This Board shall serve without pay. The Board of Forestry examiners shall meet upon call of the chairman. A majority of the Board shall constitute a quorum for the transaction of business, and a majority vote of the whole Board shall be necessary to transact any business. The secretary of the Board shall keep minutes of all meetings. The Board shall make such reasonable rules as are necessary for the conduct of its business and to ascertain the fitness of applicants to receive forester's certificates. The Board may issue certificates and may require a re-examination of the holder of any certificate, from time to time, in order to ascertain the continued fitness of the holder thereof, and his right to retain such certificate.

The City owns and manages the Municipal Cemetery through the Parks and Recreation Department and Cemetery Sexton. The City Council, for the purpose of defraying the cost of the care, management, maintenance, and beautification of the Cemetery may each year levy a tax not exceeding the maximum limit prescribed by State law, on the actual valuation of all real estate and personal property within the City that is subject to taxation. The revenue from the said tax shall be known as the Cemetery Fund and shall include all gifts, grants, deeds of conveyance, bequests, money, stocks, bonds, or other valuable income-producing personal property and real estate from any source for the purpose of endowing the Cemetery. The Cemetery Fund shall at all times be in the custody of the Director of Finance. The Director of Parks and Recreation and the Sexton shall have the power and authority to hire and supervise such employees as they may deem necessary. The Fremont Parks and Recreation Board shall have the authority to pass such rules and regulations for the operation of the Cemetery as may be proper for its efficient operation. All actions by the Ridge Cemetery Association, Inc., Fremont Parks and Recreation Board, Director and Sexton shall be under the supervision and control of the City Council.

The City Council shall have the authority to appoint a Sexton who shall perform such duties and make such reports as the City Council shall direct. It shall be the duty of the Sexton, upon receiving a notice of burial, to locate burial space and to dig and excavate, or cause the same to be dug or excavated, in compliance with the rules and regulations of the Cemetery.

The City Council may convey cemetery lots by Certificate signed by the Mayor, and countersigned by the City Clerk under the Municipal Seal specifying that the person to whom the same is issued is the owner of the lot described therein by number for the purpose of interment. The said Certificate shall give a right in fee simple to the proprietor, his heirs, and assigns. The Certificate shall then be recorded in the office of the County Clerk.

The interment of any body shall be performed under the direct supervision of a licensed funeral director. The applicant shall also supply a burial record containing the name, date of birth, date of death, and place of death of the deceased person for the records of the City at the time of burial. In the case of burial cremains, no licensed funeral director is required but burial records must be furnished. In the event that the removal of the body of any deceased person is requested, the City shall not proceed with such work until the applicant shall have first complied with the laws of the State of Nebraska with respect to such disinterment.

It shall be unlawful, without the written permission of the Sexton, to plant, maintain, or suffer to remain on any Cemetery lot a shrub, tree or flower.

Persons desiring to erect monuments, tombstones, or other structures shall first obtain written permission from the Sexton and conform to the Cemetery rules as adopted by the Parks and Recreation Department.

Graves shall not be less than five (5') feet deep. Nothing herein shall be construed to prohibit the use of mausoleums or other recognized methods of interring deceased persons if such a burial procedure is approved by the Parks Department.

Any person who shall willfully destroy, mutilate, deface, injure, or remove any tomb, monument, or gravestone placed in the Cemetery, or any fence, railing, or other work for the protection or ornamentation of the Cemetery, or who shall willfully destroy, cut, break, or injure any tree, shrub, or plant shall be deemed to be guilty of a misdemeanor.

All persons desiring to use the facilities of the cemetery shall have first made a prepayment for the use of the facilities.