amount legally applicable to the support, preservation, and improvement of the parks and grounds under its control (ibid.).

PARKS AND BOULEVARDS

Acquisition of land; jurisdiction.-Any incorporated city or city and county may acquire and hold land for public parks or public boulevards, or both, by purchase or by condemnation. The legislative body may determine what lands are necessary and proper to be acquired. The land may be within the city or city and county or conveniently adjacent, and in either case is subject to the jurisdiction of the municipality acquiring it and to its laws, ordinances, rules, and regulations (ibid., art. 5).

Tax levy. There may be assessed and levied an annual tax in such amount as may be deemed necessary and proper for the acquisition, maintenance, or improvements of the parks and boulevards, or both, and the revenue so obtained may not be used for any other purpose (ibid.).

Bonds; election; tax.-An election may be called by the legislative body for the purpose of submitting the proposition to issue bonds of the municipality, to a specified amount, the proceeds to be applied exclusively to the acquisition, maintenance, and improvements of its parks and/or boulevards. If two-thirds of the voters assent, bonds are to be issued as voted for. The bonds may not be for a period in excess of 20 years and may not bear interest in excess of 5 percent per annum. Provisions must first be made for the collection of an annual tax sufficient to pay the interest, and also to constitute a sinking fund to pay the principal at maturity. No bonds may be sold during any 1 year in excess of the actual expenditures incurred in that year. The money derived from the sale of bonds must be kept in a separate fund and be used exclusively for the acquisition or maintenance or improvement of the parks and/or boulevards, and for no other use or purpose (ibid.).

CITIES; COUNTIES; CITIES AND COUNTIES;
SCHOOL DISTRICTS

COMMUNITY RECREATION; RECREATION COMMISSIONERS Purposes of act; definitions.-The purposes of the Act (Community Recreation Enabling Act of 1939) are (1) to promote and preserve the health and general welfare of the people of the State and to cultivate the development of good citizenship by provision for adequate programs of community recreation; and (2) to authorize cities, counties, cities and counties, and public school districts to organize, promote, and conduct such programs of community recreation as will contribute to the attainment of general educational and recreational objectives for children and adults of the State.

"Recreation" means any activity, voluntarily engaged in, which contributes to the physical, mental, or moral development of the individual or group participating therein, and includes any activity in the fields of music, drama, art, handicraft, science, literature, nature study, nature contacting, aquatic sports, and athletics, or any of them, and any informal play incorporating any such activity.

"Community recreation" and "public recreation" mean such recreation as may be engaged in under control of a public authority. "Public authority" means any city of any class, city and county, county of any class, or school district.

"Recreation center" means a place, structure, area, or other facility under the jurisdiction of a governing body of a public authority used for community recreation, whether or not the same may be used also for other purposes, playgrounds, playing fields or courts, beaches lakes, rivers, swimming pools, gymnasiums, auditoriums, rooms for arts and crafts, camps, and meeting places (ch. 558, Statutes of 1939) Authority to conduct; admission price. The governing body of every public authority may organize, promote, and conduct programs of community recreation; may establish systems of playgrounds and recreation; and may acquire, improve, maintain, and operate recreational centers within or without the territorial limits of the public authority. No events for which an admission is charged are permitted except amateur athletic contests, demonstrations, or exhibits, and other educational and noncommercial events (ibid.).

Cooperation; joint system. The governing bodies of any two or more public authorities may cooperate with each other or with the Federal Government, or any department thereof to carry out the purposes of the Act, and to that end may enter into agreements with each other, and may do any and all things necessary or convenient to aid and cooperate in carrying out such purposes. The governing bodies of any two or more public authorities having jurisdiction over the same territory, or over contiguous territories, may jointly establish a system or systems of recreation and may jointly do any act which either is authorized to do under the preceding paragraph (ibid.).

Board of recreation commissioners. The governing body of any public authority other than a school district may designate any already existing board, officer, or employees of the public authority to exercise the powers granted; or may provide for the appointment of a nonsalaried board of recreation commissioners, to consist of five persons, to exercise such powers. Such board, or the board, officer, or employees of the authority so designated shall exercise such powers and perform such duties as the governing body may prescribe (ibid.). Use of school property. The governing body of any school district may use the buildings, grounds, and equipment of the school district, or any of them, or may grant the use of any buildings, grounds, or equipment of the district to any other public authority whenever the use of the buildings, grounds, or equipment for community recreational purposes will not interfere with use of the buildings, etc., for any other purpose of the public school system (ibid.).. Employees. Every public authority may appoint, prescribe the duties of, and provide for the compensation and necessary expenses of such recreational directors, supervisors, custodians, assistants, deputies, and other employees as it deems reasonably necessary for carrying out the provisions and purposes of the Act. Any such employees who are to be compensated out of funds set aside for the payment of teachers' salaries are required to hold legal recreation certificates in full force and effect, and on file at the time such employment becomes effective in the office of the county superintendent of schools (ibid.).

Recreation credentials.-The State board of education must provide for the issuance of a recreation credential to any person who submits a certificate from a physician licensed to practice medicine and surgery that the applicant is physically and mentally fit; also evidence that he has 2 years of college training, or its equivalent, beyond graduation from a 4-year high school. Each county and city and county board of education may without examination grant a recreation certificate to the holder of a valid recreation credential issued by the State board of education. Except as herein otherwise provided, the issuance of recreational credentials and certificates is subject to the provisions of the school code (ibid.).

Expenditures.-All necessary expenses incurred by the governing body of any school district in carrying out the purposes of the Act are a charge against the funds of the district (ibid.).

State department of education.-The State department of education may advise and assist public school authorities and, upon request, any public authority other than school districts, in establishing, developing, and maintaining a system or systems of recreation in accordance with the provisions of the Act (ibid.).

CITIES; COUNTIES; CITIES AND COUNTIES;
OTHER MUNICIPAL CORPORATIONS

PARKS, ETC.

Park maintenance tax; expenditures.-Any city, county, or city and county may levy a yearly tax of not to exceed 3 cents upon every $100 assessed value of the real and personal property for the purpose of maintaining and improving any public park or parks therein having an area of 10 acres each. All moneys so collected are to be kept by the treasurer, and to be subject only to the order of the public officer or officers or board of commissioners having charge and control of the management and maintenance of the park or parks (General Laws, act 6366).

Bonds for city plan. In any city having a city planning commission, which commission has approved a number of municipal improvements in one group as constituting a city plan, and which plan has been approved by a majority vote of the electors voting thereon, the legislative body may submit the proposition of a bond issue to the electors, to include bonds for all the improvements of such city plan in one bond issue for one gross amount. The vote of two-thirds of all the voters voting on the proposition is required to authorize the bond issue. Included in the improvements covered by the city plan and bond issue may be land for public use, public buildings, including auditoriums and stadia, parks, or other works, property or structures necessary or convenient to carry out the objects, purposes, and powers of the city, the cost of which will be too great to be paid out of the ordinary annual income and revenue (ibid., act 5178).

Condemnation; assessment.-Whenever the public interest or convenience may require, any municipality is empowered to acquire by condemnation any land situate in the municipality for public park or public playground purposes. When the land has been so acquired or otherwise, the same may be improved for park and playground pur

poses and the cost thereof assessed upon the district to be benefited (ibid., act 6373).

Declaration of intention.-Before ordering the acquisition of any land for any purpose authorized in the preceding paragraph, the council must pass an ordinance stating the purpose for which the land is to be acquired, describing the land necessary or convenient to be taken, and the exterior boundaries of the district to be benefited and assessed. Notices of the passage of the ordinance must be posted along the exterior boundary lines of the land to be condemned. Notice similar in substance must also be published in a local newspaper, and notice must likewise be mailed to the owners of the property to be assessed (ibid.).

Protests. Any person interested, objecting to the improvement, or to the extent of the assessment, may file a protest. If protests against the improvement are signed by the owners of a majority of the frontage of the property fronting on streets within the assessment district, all further proceedings are barred and no new ordinance of intention for the same improvement may be passed within 6 months unless such owners petition therefor. If the protests are against the improvement, and the council finds they are not signed by a majority of the frontage owners, or are only against the extent of the assessment district, the council must hear the protests and pass upon the same, and its decision is to be final and conclusive. If the protests are sustained, no further proceedings are to be taken under the ordinance, but a new ordinance of intention for the same improvement may be passed at any time. If the protests are denied, proceedings are to continue as if such protests had not been made. At the expiration of the time within which protests may be filed, if none are filed, or if protests are filed and after hearing are denied, the council is to be deemed to have acquired jurisdiction to order the improvement described in the ordinance of intention (ibid.).

Excess acquisition. Any city or county may acquire by gift, purchase, or condemnation lands for establishing, laying out, widening, enlarging, extending, and maintaining memorial grounds, streets, squares, parkways, and reservations in and about and along and leading to any or all of the same, provided land so acquired shall be limited to parcels lying wholly or in part within a distance not to exceed 150 feet from the closest boundary of such public works or improvements: Provided, That when parcels which lie only partially within said limit of 150 feet only such portions may be acquired which do not exceed 200 feet from said closest boundary, and after the establishment, laying out, and completion of such improvements, may convey any such real estate thus acquired and not necessary for such improvements, with reservations concerning the future use and occupation of the real estate so as to protect such public works and improvements and their environs and to preserve the view, appearance, light, air, and usefulness of such public works (sec. 142, art. 1, Constitution).

Roads to parks. Any city or town may lay out, open, construct, maintain, and control all roads, streets, and boulevards which may be necessary or requisite for the purpose of connecting such city or town with any public park or playground situated wholly or partly outside the limits of such city or town, of which it may be the owner,

and may acquire by gift, purchase, or condemnation any land or rights-of-way lying between its corporate limits and the exterior limits of such park or playground, for the purpose aforesaid (General Laws, act 6370).

Jurisdiction over parks beyond city limits.-Cities or towns. owning any parks or boulevards or playgrounds situated outside the limits of such cities or towns have the same power, authority, and jurisdiction over such parks or boulevards, or playgrounds, and over streets and avenues leading therefrom to the parks, boulevards, or playgrounds, and over persons and property therein as they have over the cities or towns and over persons and property therein. The local courts of the cities or towns have the same jurisdiction, both civil and criminal, over the parks, boulevards, and playgrounds, and over persons and property therein as they have over the parks, boulevards, and playgrounds within the cities or towns (ibid., act 6371).

Buildings on lands dedicated for park purposes.-When any lands have been granted to any county, city and county, or city in trust, or dedicated for park purposes, the construction thereon by private persons with the permission of the governing board of the county, city and county, or city to which such lands have been granted, of buildings attractive in appearance and of a style of architecture approved by the governing board giving such permission, is not to be construed to be inconsistent with or in contravention of the conditions of such grant or dedication where such buildings are used for public meetings or for meetings of organizations such as the Native Sons and Daughters of the Golden West, the Pioneer Society, and other historical or patriotic organizations (ibid., act 5770).

Franchises for park railroads. The governing body of any city or town owning public parks outside its boundary may grant franchises for the building and operation of railroads from any point in or at the exterior boundary of such city or town to, in, or through such park: Provided, That it is a condition of such franchise that the passenger fare shall never exceed 5 cents for a single trip (ibid., act 6471).

Use of parks for airports.-Any lands which have been acquired for park purposes by any city and county, or city operating under a freeholder's charter, or otherwise, or any town or any municipal corporation, may be used for airports, it being specifically declared that such purpose constitutes a park purpose (ibid., act 149).

Tree planting. In all municipalities having a board of park commissioners, park department, or any other similar municipal authority, having control or jurisdiction over, or charged with the duty of superintending, directing, planting, removing, maintaining, or otherwise caring for the parks, shrubs, trees, or vegetation within the limits of such municipality, such board is vested with full power and authority over the trees planted, or to be planted in that part of each and every street lying between the lot lines and in the center or side. plots of same, as well as the parks, parkways, and public grounds subject to its control, and may establish rules and regulations relat-. ing to the planting, maintenance, and removal of such trees. The board is required to recommend to the governing body of the municipality the enactment of such ordinances as may be deemed necessary to protect such trees (ibid., act 5220a).