and are to be certified to the governing body, which body, by a majority vote within 10 days of the receipt of such certification or nomination, must appoint or decline to appoint the nominee of the park and recreation board, and must certify its action to the park and recreation board. Such procedure must be followed until a suitable nominee is found (ibid.).

Organization of board; reports; removal of members; powers.The members of the board must organize by selecting one of their members as president, and such other officers as may be necessary, to hold office for 1 year and until their successors are elected and qualified. A regular meeting must be held once a month. The board must establish rules and regulations for its government and for the performance of its duties, as well as for the use and conduct of all facilities and activities. At the end of each fiscal year the board must file with the governing body a full and detailed report of its operations for the year then ending, together with such recommendations as it may deem advisable.

The governing body may delegate any power to the board that it has and which power is consistent with the purposes of the board and within the constitutional powers of the governing body so to delegate. The members of the board may be impeached and removed from office upon the same grounds and in the same manner as provided by law for the impeachment or removal from office of members of the governing body of the municipality or county. No member of the board, or anyone connected therewith for the preceding 6 months from the time of the making of any contract, may be directly or indirectly pecuniarily interested in any contract or in the profits of any contract made through the agency of the board. Any contracts so made are to be held to be void and of no avail. However, the contract may be enforced by the municipality or county at its option, and no contractor has any recourse to the courts for a recovery on a quantum meruit for the work done or materials furnished. However, if any member of the board is a stockholder in a corporation owning land or interest in land desired by the municipality or county for park and recreation purposes, or is the owner of an individual interest in the land desired for such purposes, or if any member of the board is a stockholder in a corporation desiring to purchase land proposed to be sold by the municipality or county at the instance of the park and recreation board, such member may in open meeting of the board disclose his interest and retire from the meeting, and the other members of the board, if a quorum remains, may consider the matter and decide as they deem best. If any member of the board is the owner of land which the board desires to acquire, the same must be acquired by the exercise of the right of eminent domain, and the petition or proceeding. for condemnation must set forth the facts in regard to the ownership by a member of the board (ibid.).

Issuance of bonds.--If in the opinion of the board the funds available for providing suitable land, buildings, and equipment for park needs and related facilities are inadequate, it may petition the governing body to call an election for the issuance of bonds on the credit of the municipality or county in an amount sufficient to provide for the necessites. The governing body must call an election at the time requested (ibid.).

Park and recreation fund; receipts; disbursements.-The governing body must cause to be set aside and maintained a "park and recreation fund." An account must be kept of all receipts and disbursements. In years when no special tax is levied for park and recreational activities, the governing body may appropriate moneys for such purposes to be paid into the park and recreation fund. Additional appropriations may be made as necessary. The proceeds from the sale of bonds issued for park purposes must be paid into the park and recreation fund. The park and recreation board has no power to contract debts or obligations in any year in excess of the amount paid into or appropriated for the park and recreation fund, and any debts or obligations so contracted by the board are not to be an obligation of the municipality, nor may the general credit of the municipality be pledged for the purchase or acquisition of lands or buildings unless the same be authorized by a resolution of the governing body (ibid.).

Election on levy for operation; maintenance. Upon petition signed by 5 percent of the voters of the municipality or county voting at the last election, requesting the governing body to levy annually a special tax, as specified in the petition, for the operation, maintenance, development, and equipment of park and recreation systems, parks, street and highway planting, playgrounds, recreation centers, and other recreation facilities and activities, not to exceed 3 mills on each dollar of the assessed valuation of all properties subject to taxation, the question of such levy must be submitted to the electors at the next general election. If a majority of the votes are favorable, the governing body must levy the specified tax annually and pay the proceeds into the park and recreation fund (ibid.).

Operation declared to be a governmental function. The establishment, conduct, equipment, and maintenance of parks, playgrounds, recreational centers, and recreational activities by the municipality or county are declared to be public and governmental functions (ibid.).

Exemptions. The above-mentioned provisions do not apply to recreation and playground commissions, boards, or systems created by special acts of the legislature (ibid.).

COUNTIES

Use of bathing beaches by white and colored races. In all counties containing a city having a population in excess of 60,000, according to the 1930 Census, it is unlawful to maintain public parks, public recreation centers, and public bathing beaches for the joint use and enjoyment of both the white and colored races. Each such park, etc., must be publicly posted by signs at the entrance to show whether the same is dedicated and maintained for the use and enjoyment of the white race or the colored race, as the case may be. It is unlawful for any person of the white race to enter, use, or attempt to use any such place which is duly posted as dedicated and maintained for the use of the colored race; and it is unlawful for any person of the colored race to enter, use, or attempt to use any such place which is duly posted as dedicated and maintained for the use of the white race. The foregoing provisions are not applicable to domestic servants accompanying their employers in the course of their employment, or to nurses accompanying the children of the opposite race in their charge, nor are such provisions applicable to employees of such places (ch. 150, art. 6).

Deputies for parks. When the president or treasurer or other executive officer having the management of any park or place of amusement located in any county presents a written statement, setting forth that in his opinion the interests of the patrons of such place require special police supervision, it is the duty of the sheriff of the county to appoint a discreet and suitable person as his deputy, one satisfactory to the officer requesting the appointment, whose salary must be paid by the park or place of amusement, the amount to be fixed by contract between the appointed officer and the park. The jurisdiction of such deputy extends over the park property and to all territory within a radius of 1 mile from the center of such park (ch. 115, art. 1).

Operation of vehicles on seashore. The sheriff of any county in which a part of the shore of the sea is situated may promulgate rules and regulations specifying the days or hours during which motor vehicles may be operated on or along such shore or any section thereof, and may barricade from motor vehicular traffic any section thereof used for bathing purposes in connection with any resort during such time as is necessary to protect properly the pedestrians using such section (act No. 308, Acts of 1939).

GENERAL

Aid to housing projects. For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of housing projects within the area in which it is authorized to act, any public body may upon such terms, with or without consideration, as it may determine, cause parks, playgrounds, recreational, community, or any other works which it is authorized to undertake, to be furnished adjacent to or in connection with housing projects (act No. 210, Acts of 1939).

NOTE. Chapter and article references are to Code of Laws of South Carolina 1932, and 1934 Supplement.

SOUTH DAKOTA

Municipalities classified.-Municipal corporations having a popu-lation of 5,000 or over are cities of the first class; those having a population of more than 500 and less than 5,000 are cities of the second class; those having a population of 500 or less are towns (title 6, pt.. 8, ch. 1, art. 2).

CITIES OF THE FIRST CLASS

PARK BOARD CREATED BY ORDINANCE

Composition; terms, etc.-All cities of the first class may by ordinance create a park board consisting of five members. One member is to be appointed to act until the next regular meeting of the governing body in May after the appointment, and until his successor is appointed and qualified; one is to hold office for 1 year after the first regular meeting in May after his appointment, one for 2 years, one for 3 years, and one for 4 years after such meeting. At the first regular meeting of the governing body in each year, one member is to be appointed to succeed the retiring member. The salaries of board members are to be fixed by the ordinance creating the same. The board must elect from its number a president and secretary to serve a term of 1 year, or until a successor is elected and qualified. The officers, in addition to the usual duties of such offices, must sign all warrants drawn on funds in the hands of the city treasurer, but no warrant may be drawn unless authorized by a majority vote of the members of the board at a meeting in which there is a quorum present. A vice president may be elected at the option of the board, to act in the absence or disability of the president. In case of death or retirement of an officer, a successor must be elected immediately (title 6, pt. 8, ch. 11, art. 2).

Appropriation; tax levy.-The board is empowered to recommend annually to the governing body the amount of appropriation necessary for park purposes, and must state in the report the particular purpose. or purposes for which the appropriation is desired. The governing body may make an appropriation and levy a tax therefor not to exceed in any fiscal year 111⁄2 mills on the dollar of the assessed valuation of taxable real and personal property within the city. The city treasurer is required to keep in a special fund all moneys derived from the tax levy for park purposes, from collection of special assessments: levied by the board, and any other moneys received for the use of the board (ibid.).

Powers of board. The board is empowered to have charge of the parks; to care for them; to erect buildings, lay out walks and roads, plant trees, shrubbery, and flowers; and to make all other improvements which in its judgment may be beneficial or necessary for the construction, maintenance, or development of the parks; to establish, construct, and maintain places of public amusement, recreation, or

entertainment within or in connection with the parks, and to conduct the same with or without admission or service charges, or to grant concessions within the park for the furnishing of public amusement, entertainment, or refreshment upon such terms and under such regulations as the board may prescribe, except that professional travelling shows and performances or exhibitions of any kind at which an admission is charged may not be allowed or given in any park; to park and boulevard the streets of the city and prescribe rules and regulations for the care of same; to provide for the upkeep and maintenance of such parking and boulevarding; and in all cases, except for public parks, to assess the cost of parking and boulevarding the streets and avenues of the city and of their upkeep and maintenance to the abutting property (ibid.).

Secretary, powers and duties.-The secretary is empowered to require all noxious and unsightly weeds on any lot within the corporate limits to be destroyed by the owner on or before the 15th day of July of each year. In case the owner or occupant fails so to do within 48 hours after written notice, the secretary may employ some person to destroy the weeds, the expense to be paid out of the fund appropriated for the park board and certified to the city auditor to be levied as a special assessment against the property upon which the weeds were destroyed, and, when collected, to be covered into the park fund. (ibid.).

DEPARTMENT OF PARKS AND BOULEVARDS;

BOARD OF PARK SUPERVISORS CREATED BY ELECTORS

Petition; election; composition of board; officers. In any city of the first class, upon petition signed by 15 percent of the qualified voters, and upon approval by a majority of the electors, there is to be a department of parks and boulevards under the control and management of a nonsalaried board of park supervisors. The board is to consist of five persons, well known for their intelligence and integrity, who are to serve for a period of 5 years (rotated) and until their successors are appointed and qualified, and who are to be appointed and qualified as other appointive officers. The term of office of each member of the first board must be designated in his appointment. Before entering upon his official duties, each member is required to give bond to the city in the sum of $2,000, and to take and file in the auditor's office with the bond the usual oath of office required from appointive officers of the city. Any premium required to be paid for the bonds is to be paid by the city. Official bonds are to be approved by the governing body of the city. Upon its organization, and annually thereafter, the board must elect one of its members president and another vice president. A secretary must be appointed, to hold office at the will of the board. The secretary must keep all records and make such reports as may be required. In his absence or inability to act, the board may appoint a secretary pro tempore to perform such duties. The records of the board kept by its secretary, or copies of any such records when duly certified by the secretary, are to be deemed competent evidence of the proceedings of the board. The board must hold regular meetings at least once each month, and as many special meetings as it may deem proper. Three members constitute a quorum for the transaction of business, but an affirmative vote of at least three