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System of parks, parkways, and boulevards.-The board is empowered and directed to devise and adopt a system of public parks, parkways, and boulevards for the use of the city and its inhabitants; to select and designate lands to be used and appropriated for such purposes within or without the city limits; to select routes and streets for boulevards, and to cause the same to be opened and widened; by and with the approval and authority of the common council, to lease, purchase, condemn, or otherwise acquire in the name of the city lands for parks, parkways, boulevards, or public squares; with similar approval, to establish, change, or reestablish the grade of any boulevard or parkway, and to require any railway upon or across such boulevard or parkway to be brought to the grade so established, changed, or reestablished. No change may be made in the grade of any street upon which any park land abuts unless the board of park commissioners approves the change of grade (ibid.).

Regulation and control. The board is empowered to superintend, control, and manage any and all parks, parkways, and boulevards belonging to or under the control of the city, also such other public grounds and thoroughfares as may, upon its recommendation, be placed under its control and management; to construct, improve, adorn, regulate, and maintain the same in such manner as it may deem best; also to establish the width for sidewalks on all boulevards and parkways. The common council is empowered and required, upon the recommendation of the board, to prepare ordinances for the regulation and orderly government of the parks, parkways, and boulevards; and to prescribe fines and penalties for the violation of the same. The council may, upon the recommendation of the board, regulate the traffic on all boulevards, parkways, avenues, or roads under the control of the board, and may regulate the width of tires on all vehicles used on or passing over the same, and may exclude heavy traffic or any kind of vehicle therefrom (ibid.).

PARK DISTRICTS

Establishment.-The board must recommend to the council that the territory within the city limits be divided into one or more park districts, designating the number, name, and description of the district or districts. Thereafter, when the city limits may be extended, or the board deems it advisable for any reason, such park district or districts may be increased or diminished in number, and the extent and area thereof may be increased or diminished by adding to or taking from the territory thereof. Such changes may be made only by ordinance as recommended by the board. It is the duty of the board to provide at least one park in each park district in which there is no park, and to purchase or otherwise acquire, with the concurrence of the council, real estate therefor. The council is authorized and empowered to purchase, condemn, or otherwise obtain land within the city limits for public parks, parkways, and boulevards; and to establish the same, provided the acquisition be first recommended by the board. Whenever the board selects and recommends to the council the acquisition of any land, the council is required to provide for the acquisition of the same by purchase, condemnation, or otherwise. Payment for any land so selected and acquired,

whether within or without the city limits, may be made out of the general fund, or by the issuance and sale of bonds of the city, or by special assessments upon the real estate situated therein found benefited thereby. If the mayor and council, with the concurrence of the board, find and determine that the establishing of any parks, parkways, or boulevards is a benefit to more than one park district, or part or parts thereof, the cost may be assessed upon real estate found benefited in such park districts. The lands which may be selected and obtained must remain forever for parks, parkways, and boulevards for the use of the inhabitants of the city (ibid.).

Park board; powers and duties.-The park board is empowered to cause any roadway, parkway, boulevard, or avenue, or part thereof, which may be under its control or management, to be graded, regraded, paved, repaved, curbed, recurbed, guttered, reguttered, or otherwise improved, repaired, and maintained, including the construction, repair, and maintenance of bridges, viaducts, and sidewalks; the sodding of the sidewalk spaces; and the planting of trees and shrubbery in such manner and at such time and with such materials as the board may determine. The cost of such work or improvement may be paid out of the funds in which such improvement is made, belonging to the park district, or out of the general park fund. If the board recommends to the council that payment of the whole of any such work or improvement, or any part thereof, be made in special tax bills, the council is empowered to order such work to be done, in which case the board of public works must apportion the cost of such work or improvement and issue special tax bills therefor, in the same manner as the cost of similar work or improvement is apportioned and tax bills in payment therefor issued for public improvements for work upon the streets not under the control or management of the board of park commissioners (ibid.). Assessments for repairs in parks and boulevards. It is the duty of the mayor and council, upon the recommendation of the board of park commissioners, to assess annually all the real estate, exclusive of the improvements thereon, in each park district for maintaining, adorning, constructing, repairing, and otherwise improving the parks, parkways, roads, boulevards, avenues, or portions thereof, located therein, which are under the control and management of the board. Such assessments may be made according to the valuation and assessment for the taxation of real estate in each park district made for city purposes. Such annual assessments may never exceed in any year 312 mills on each dollar of valuation. The council may also, upon recommendation of the board, for the purpose of maintaining, repairing, and otherwise improving the boulevards, parkways, roads, and avenues under the control and management of the board, levy annually a special assessment on the lots, tracts, and parcels of land found fronting and abutting on such boulevards, etc. No such assessment may exceed the sum of 15 cents per front foot of such lots, tracts, and parcels of land according to the frontage thereof on such boulevards, etc. (ibid.).

Expenses charged to city. All other sums used for improving any public parks, parkways, roads, boulevards, avenues, or portions thereof, which are under the control and management of the board, are to be paid out of appropriations from the general fund of the

city. It is the duty of the mayor and council, within the first month of each fiscal year, and from time to time thereafter, to include in the apportionment of the revenue of the city an apportionment for the purpose of acquiring, establishing, maintaining, adorning, and improving such other roads or avenues as may be under the management and control of the board, and for the general expenses of such board and for other park purposes. Money appropriated for one park district may not be used in any other park district (ibid.).

Annual reports.-The board is required to make an annual report to the council of its acts and all its expenditures, showing the condition of all affairs under its control. The council may require a report at any time, and the records of the board must at all times be subject to the inspection of the mayor, controller, or a committee appointed by the council for that purpose. The board must also cause to be published in pamphlet form, at least once in 4 years, a comprehensive report of the operations of the department for public distribution (ibid.).

Control of improvement; permits.-No roads or streets may be laid out or constructed through any parks except by the board or under a permit issued by it. Any road, highway, street, or alley (excepting railroads), or part thereof which may pass through, into, divide, or separate any land used, acquired, or condemned for parks, must upon recommendation of the board, with the consent of the council, be vacated and closed up and made a part of such park. No railway may be built into, through, or over any park, parkway, or boulevard without the permission of the board, and subject to such terms and conditions as the board and council may determine; nor may any telegraph, telephone, or electric light wires, or other wires, posts, or supports be erected or placed in, upon, through, over, or under any park without the consent of the board (ibid.).

Donations of real or personal property for park purposes.Real or personal property, or the income thereof, may be granted, bequeathed, devised, or conveyed to the city for the purpose of improvement or ornamentation of parks, parkways, or boulevards, or for the establishment or maintenance in any park or zoological or other gardens, observatories, monuments or works of art, or other park purposes, upon such trusts and conditions as may be prescribed by the grantors or devisors and agreed to by the council and the board of park commissioners. All property so devised, granted, bequeathed, or conveyed and rents, issues, profits, and incomes thereof are subject to the management and control of the board. Real estate may also be devised or conveyed to the city for the purpose of parks, parkways, or boulevards, or additions thereto, upon such conditions, including exemption from the payments of benefits or assessments for such improvement as may be prescribed by the grantors or devisors, provided that the location of such real estate is acceptable and the conditions of the conveyance are agreed to by the council and the board (ibid.).

Regulation of structures; sale of concessions and leases.— Neither the common council nor the park board may permit any persons, firm, or corporation to build or maintain any structure within any park, square, or parkway under the control or management of the board; nor may any structures be erected or maintained therein, excepting such structures or buildings that may be erected by the board for

park uses or park pleasure purposes, and excepting also such statues, monuments, works of art, or other structures intended for ornamentation only as may be erected by authority of the board; nor may any part of any such park or public ground be leased to any person, firm, or corporation for any purpose, except that the board may lease any building, or part thereof, erected by it for park purposes, to any person undertaking to serve such purposes, and may grant concession therein for the sale of refreshments and for other park purposes upon such terms and under such regulations as the board may prescribe. The sale of spirituous, vinous, or malt liquors or other intoxicating beverages shall never be permitted within any park, square, or public ground under the control and management of the board. No lease may be for a longer term than 3 years. No concessions may be granted for any purpose not within the object for which such parks, squares, and grounds were acquired by the city, and in every such lease the board must reserve the right to enter at all times in and upon the premises so leased, and must make the condition that the building so leased is to be used only for the purposes expressed in such lease. No shows or exhibitions of any character or kind may be allowed or given in any park, square, public ground of the city under the control of the board, except such musical entertainments, concerts, and zoological or other exhibits as may be provided by the board for the use and enjoyment of the public and for strictly park purposes. All moneys derived from any leases or concessions, or from the sale of the products obtained from any park, or of any personal property in use by or belonging to the department of parks and boulevards, must be paid into the treasury of the city and be credited to the fund under control of the board and be used and expended by the board for park purposes (ibid.).

or

Building restrictions.-For the purpose of adorning, beautifying, and improving the city, and to the end that the public good may be conserved, the council is empowered, upon the recommendation of the board, to establish and fix building restrictions on any boulevard, parkway, road, or avenue, or any part thereof, under the control and management of the board. Such restrictions may be to limit, confine, or exclude and prohibit the carrying on of any business vocation or vocations, or the erection and maintenance of any factories, stores, or business houses on the lots, tracts, or parcels of land fronting or abutting on such boulevard, parkway, road, or avenue, or any parts thereof, or within 50 feet of the same; or to establish a building line on such property to which all buildings, fences, or other structures must conform. Such restrictions may be made to apply to all property fronting or abutting on any boulevard, parkway, road, or avenue, or part thereof, along which the same are established, or may provide for excepting from such restrictions any property or lot, piece, or parcel of land. However, no restriction may be fixed unless the owners of the majority in front feet of the land fronting or abutting on any such boulevard, parkway, road, or avenue, upon which it is proposed to fix and establish such restrictions, petition therefor, stating clearly the restrictions desired. The board, in establishing any new boulevard or parkway, may also provide for establishing a building line thereon without petition therefor, in which case, if the same be approved by the council, the benefits and damages may be ascertained and assessed by the jury in the

condemnation proceedings for the establishment of such boulevard or parkway (ibid.).

Police powers in parks outside city.-The police department is authorized and empowered to enforce all ordinances of the city violated within public parks or grounds belonging to the city, but located outside its limits, in the same manner and with the same effect as if located within the corporate limits of the city (ibid.).

CITIES OF THE SECOND CLASS

What cities and towns eligible to become.—All cities and towns containing more than 27,500 and less than 75,000 inhabitants may elect to become cities of the second class (ch. 38, art. 3).

PARKS, PARKWAYS, ETC.

General corporate powers.-Every city of the second class is empowered to assess, levy, and collect taxes for general and specific purposes; to issue bonds for local improvements, payable only from the proceeds of special assessments; to establish, open, vacate, alter, widen, extend, and otherwise construct and improve parks, avenues, public grounds, and squares, and regulate the use of the same; to condemn private property for public use; to acquire by condemnation, purchase, gift, lease, or otherwise real and personal property, within or without the corporate limits, for the purpose of establishing and maintaining parks, parkways, boulevards, museums, and places of recreation (ibid.).

Departments; supervision. In cities of the second class the executive and administrative powers, authority, and duties are distributed into and among five departments, including a department of public property and public utilities, headed by a commissioner, with control over all public parks and pleasure grounds in the city (ibid.).

Bonds. Negotiable bonds of the city may be issued and sold for the acquiring of land for the use of the city, and for the purchase, construction, reconstruction, or extension of public parks, boulevards, grounds, and squares, and other public improvements which the city may be authorized or permitted to make. Before or at the time of issuance of bonds the city must provide for the collection of an annual tax sufficient to pay the interest on the bonds and also sufficient to constitute a sinking fund for payment of the principal as it matures (ibid.).

CITIES OF THE THIRD CLASS

PARKS

Acquisition and maintenance; bonds; tax.-The mayor and board of aldermen of cities of the third class may acquire property for public parks and squares by gift, purchase, or condemnation, within the cities or within 1 mile thereof, and for that purpose may borrow money and issue bonds in payment thereof, and for the maintenance thereof; may establish, improve, and maintain the same as public parks or squares; and may levy an annual tax, not to exceed 2 mills on the dollar, for the maintenance of the parks and squares, to be

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