ALABAMA

Municipalities classified.-Municipal corporations containing 2,000 or more inhabitants are classified as cities; those containing more than 100 and less than 2,000 inhabitants, as towns (ch. 43, art. 1).

CITIES AND TOWNS

PARKS, ETC.

Establishment and maintenance. The council of cities and towns may establish, lay out, and improve public grounds, parks, and boulevards, and regulate the same; establish, erect, maintain, and regulate public baths and bathhouses; provide music and other exhibitions for the amusement of the inhabitants, and appropriate moneys out of the general funds for the maintenance and support of municipal bands and other musical organizations for public entertainments (ch. 43, art. 25).

Police jurisdiction. Police jurisdiction may be exercised over all lands purchased or required for the purpose of being used or occupied as a park, the laws and ordinances being applicable to and extending over all the lands so used or occupied (ibid.).

Issuance of bonds; purposes.-All municipalities are empowered to issue and sell bonds, when such issue is authorized by a majority vote at an election thereon, for the purchase of real estate necessary for any improvement authorized by law, or for the site for any building or improvement to be used for public purposes; for extending, enlarging, improving, repairing, or securing the more complete use of and enjoyment of any building or improvement owned, purchased, or constructed by the municipality, or for equipping and furnishing the same; for the purchasing or condemning of necessary land for parks, boulevards, and public places, for improving or completing the same, or for acquiring additional land for parks, boulevards, or public places; for improving any watercourse or waterfront; for the establishment of public baths; for the purpose of providing for the payment of any obligations, whether arising from administration or from the acquisition of any property for public use, or the construction of any improvement or otherwise, whether such obligations have matured or not at the time of such issue; for any other purpose for which authorized by law to expend money (ibid., art. 40a).

Purchase of land; condemnation. Whenever in the judgment of the council it may be necessary or expedient for the carrying out and full exercise of any power granted, a city or town may acquire by purchase the necessary lands, or rights, easements, or interests therein, thereunder, or thereover; or, for the purposes for which private property may be acquired by condemnation, may proceed to condemn the same (ibid., art. 41).

Games, amusements; license for.-The council is empowered to license and tax, permit and regulate, restrain or prohibit all kinds of amusements and athletic games, the use of public parks and places of resort within the corporate limits and within the police jurisdiction, and is required to prescribe the places, manner, and method of regulating and conducting all such amusements and games, and to fix the time when all or any of such places may be opened or must be closed (ch. 42A, art. 32).

CITIES OF CERTAIN POPULATION

PARKS, PLAYGROUNDS, AND RECREATION CENTERS

Use and acquisition of land; police jurisdiction.-Any city having a population of 100,000 or more inhabitants may use for parks, playgrounds, recreational centers, and other recreational purposes and activities, any public parks or park areas of such city, or any lands or buildings or both, owned or leased by it; and may, by and through its park and recreational board, acquire or lease lands or buildings, or both, within or beyond the corporate limits, for parks, park areas, park boulevards, playgrounds, recreational centers, and other recreational purposes and activities, and have full police jurisdiction thereover. Police jurisdiction is also extended over highways connecting any such lands or places with the city, except as to such parts thereof as may lie within the corporate limits of some other municipality (acts 1923, p. 707).

Employment of personnel.-Any such city may, by and through its park and recreation board, establish, provide, conduct, develop, equip, improve, and maintain parks, park areas, park boulevards, playgrounds, recreation centers, and other recreational activities and facilities, and for any or all of such purposes or in connection therewith, may employ engineers, architects, landscape artists, playground directors, play leaders, supervisors, recreation superintendents, or such other officers and employees as may be necessary (ibid.).

Fees and charges; disposition. Reasonable fees and charges for access to or use or enjoyment of any playgrounds, recreation centers, recreational activities, or other places of recreation established, maintained, or conducted, may be charged and collected. All funds received from such sources are to be paid into and become a part of the park and recreation fund (ibid.).

Gifts of land, money, or other property.-The city may, through its park and recreation board, accept any gift, bequest, devise, or donation of real estate, money, or other property, or any donation to be applied, principal or income, or both, for either temporary or permanent use; and, if conditional, the proper city authorities may accept the same upon the conditions attached and comply therewith if in their judgment such conditions be reasonable and to the best interests of the city. Money received in any such manner, unless otherwise provided by the gift or bequest, is to become a part of the park and recreation fund (ibid.).

Purchase of land; payment.-Upon the recommendation of the park and recreation board the city may purchase on time, or partly for cash with balance on deferred payments, or otherwise acquire any real property or interest therein, either within or without the

city limits, securing the deferred payments with mortgages or deed of trust; or with or by any means retaining title thereto in the vendor, or enter into any other contractual arrangement, provided that the deferred payments shall not be a charge against the general credit of the city or be a general liability thereof, but that the liability shall only extend to and be a charge against the land (ibid.). Cooperation with other agencies.-The city may join or cooperate with other municipalities having like powers, or with boards of education, in providing, establishing, and conducting parks, playgrounds, recreation centers, and other recreation facilities and activities (ibid.).

PARK AND RECREATION BOARD

Establishment; duties. It is a requirement of the act that within 60 days from its approval there be established a permanent park and recreation board, which is charged with the planning of a park system and the administration, improvement, development, conduct, and supervision of the parks, park areas, park boulevards, playgrounds, recreational centers, and other recreational activities. The board is to be composed of five resident members, four of whom may not be members of the city council or commission or other governing body of the city. Members are to serve without compensation, and.must be chosen solely because of their character and fitness. One member of the governing body of the city is to be at all times a member of the board. If there be in such city a member of the governing body whose department of the city government has supervision of the parks, such member is to be ex officio a member of the board. Each of the other members first selected is to be chosen by the governing body of the city. Terms are 4 years, except that members first chosen are to be appointed so that one term expires annually. Thereafter, vacancies are to be filled. by nominations upon a majority vote of the governing body. Nominations are to be certified to the board, and the remaining board members by majority vote within 10 days after such certification must appoint or decline to appoint the nominee to fill the existing vacancy. If the board declines to appoint the nominee, such fact must be certified to the governing body, which must certify another nominee to the board. This procedure is to be followed until a nominee is certified who is acceptable to the board. Members of the board organize by electing one of the members as president and such other officers as may be necessary. In addition to the powers vested by the act, the governing body may confer and delegate to the board any other power or authority conferred upon the city by any other provision of law with respect to or connected with parks and recreational activities. Members 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 the members of the city's governing body (ibid.).

Participation in contracts prohibited. Members of the board, or any person who has been a member of the board within 6 months from the time of making any contract in behalf of the city by or through the board, are prohibited from being directly or indirectly interested in any contract or in the profits of any contract made through

the board. However, any board member who is a stockholder in a corporation owning land or interest in land desired by the city for park and recreation purposes, or is the owner of an undivided interest in land desired for such purposes, or is a stockholder in a corporation desiring to purchase land to be sold by the city at the instance of the board, may in open meeting disclose his interest. and retire from the meeting. If any board member is the owner of land desired by the city for any such purpose the same must be acquired by the exercise of the right of eminent domain (ibid.).

Issuance of bonds.-If, in the opinion of the board, available funds are inadequate to provide ample, appropriate, and suitable grounds, buildings, and equipment for all the needed parks, park areas, park boulevards, playgrounds, park and playground systems, recreation centers, and other recreational facilities and activities, the board may petition the governing body to call an election for the issuance of bonds on the credit of the city in an amount sufficient to provide the necessities in these respects, subject to constitutional limitations. The governing body is required to call an election at the time requested in the petition (ibid.).

Park and recreation fund. The governing body of the city is required to maintain a park and recreation fund. Each year during which there is not levied and collected a special tax for park purposes, there is to be appropriated and credited to the fund a minimum of $50,000. The governing body may from time to time make additional appropriations to the fund. Proceeds from the sale of bonds issued for park purposes are to be credited to the fund. The board may not contract any debts or obligations in any year in excess of the amount paid into or appropriated to the fund during such year, nor may the general credit of the city be pledged for the purchase or acquisition of lands or buildings unless authorized by a resolution of the governing body (ibid.).

Governmental functions.-The establishment, conduct, equipment, and maintenance of parks, playgrounds, recreational centers, and recreational activities are declared to be public and governmental functions of the city (ibid.).

CITIES, TOWNS, AND COUNTIES

Aid to State park system. Any county, and any incorporated city or town, may donate, convey, and grant to the State any land owned by it, or which it may subsequently acquire, to become a part of the State park system. Counties, cities, and towns may also appropriate moneys to the department of conservation to be used and expended in extending, improving, operating, or maintaining the State park system (No. 556, acts of 1939).

Federal loans and cooperation; State forestry commission.— The State forestry commission is authorized to make such rules and regulations for the development, maintenance, management, and operation of forest, park, or parkway enterprises or projects entered upon by the State, counties, and municipalities, with a view to securing loans or other financial cooperation from any agency of the Federal Government, as will enable the State, counties, and municipal

ities to obtain such loans or other financial cooperation (acts 1936-37, extra session, p. 185).

Airports in parks. Each municipality may establish, construct, equip, improve, maintain, operate, and regulate airports or landing fields in and upon any public parks or other property owned, whether acquired by condemnation or otherwise, and the use of parks for such purpose or purposes is declared a proper park use. The council or other governing body may adopt regulations for the government of such airports, provide penalties for violations of such regulations, and establish and collect fees, tolls, and charges for their use, facilities, and equipment. Such power and authority may be conferred upon a municipal officer or board, or upon any board created by law for the government of the municipal parks. The term "municipality" is defined to include any county, city, town, or incorporated village (ch. 42A).

COUNTIES

Acquisition of land for public purposes.-Each county may, with the approval of the governor, acquire lands by donation or purchase, and make improvements thereon for county, State, national, and public purposes. Such lands may be used, among other things, for the recreation, health, and betterment of the people within the county; for the betterment and improvement of all useful and ornamental vegetable life; for the betterment of all animal life, including wildlife and fish; for the creation and maintenance of springs, streams, and lakes thereon; for other improvements thereon such as fairgrounds, athletic fields, and such other improvements and buildings thereon as may be deemed necessary for public purposes (No. 382, acts of 1939).

Board of trustees; qualifications, etc.-The county governing body may, with the approval of the governor, appoint a board of three trustees for the acquisition and maintenance of lands and property. The trustees must be college or high school graduates, must be men or women of public spirit, of means, and must serve without compensation. Their terms and successors are to be fixed and determined by the governing body of the county with the approval of the governing body (ibid.).

Trust funds; contributions.-A trust fund may be created by public donations or otherwise for the acquisition and maintenance of property and lands. The county, State, and national government may contribute to the acquisition and maintenance of lands and property. The governing body of the county may make such contracts as may be deemed necessary (ibid.).

SCHOOLS AND SCHOOL DISTRICTS

Use of buildings for civic purposes. The board of school trustees may authorize the use of the schoolhouse for such civic, social, recreational, and community gatherings as in its opinion do not interfere with the principal use of the building or property. The person or persons making application for the use of the schoolhouse for a public meeting place must see that the building after the meeting is in as clean condition as it was before the meeting, and in case of