IDAHO Municipalities classified. All cities having a population of more than 15,000 inhabitants are cities of the first class. All cities, towns, and villages containing more than 1,000 and less than 15,000 inhabitants are cities of the second class (title 49, chs. 1 and 3). CITIES, TOWNS, AND VILLAGES PARKS AND PLAYGROUNDS Bonds; referendum.-Every municipal corporation is empowered to issue its bonds to provide for the purchase, improvement, equipment, and maintenance of lands for the use of public parks, either within or without its corporate limits. Whenever the legislative body deems it advisable to issue bonds for the described purpose, provision therefor is to be made by ordinance. Provision must also be made for the collection of an annual tax sufficient to pay the interest on the proposed bonds as it falls due, and also to constitute a sinking fund for the payment of the principal within 20 years from the time of contracting the same. The ordinance must also provide for the holding of an election of the qualified electors who are taxpayers. The assent of two-thirds of the electors voting at such election is necessary to authorize the bond issue (title 49, ch. 24). Parks alienable by people only. The rights of a city in and to its waterfront, land under water, public buildings, and parks are inalienable except by vote of the people (ibid., ch. 35). Leasing of parks and playgrounds. The mayor and council or village trustees of a city or village, upon a three-fourths vote, may set apart portions of the public parks, playgrounds, or other grounds, to be used from time to time for athletic contests, golf links, agricultural exhibits, ball parks, fairs, rodeos, swimming pools, and other amusements, and for State and Federal military units, and may make and enter into contracts with organizations and associations to carry out such purposes. The city or village is not liable for any damage by reason of any accident occurring on the parks set apart for such purposes, except for gross negligence on the part of the city or village or its officers or agents. An entrance or other fee may be charged sufficient to pay the expense of maintaining the ground and operating such facilities and amusements. Baseball parks and/or football parks may also be leased (chs. 75 and 214, Laws of 1939). Commission and city manager forms of government.—In cities adopting the commission form of government or city manager plan of government, the executive and administrative powers, authority, and duty are divided into departments, including a department of parks and public property (title 49, chs. 32 and 37). Extension of boundaries into waters.-Cities and villages situated on navigable lakes and streams, when the corporate boundaries extend to the shoreline, are empowered to extend the corporate boundaries or limits over the waters of such lakes or streams for a distance of one-fourth of a mile from the low watermark of such navigable lakes, and for a distance of 75 feet from the low watermark of such navigable streams (title 49, ch. 11). COUNTIES PARKS Use for fairgrounds.-Any county may purchase a site, grounds, or parks on which to hold public fairs or exhibitions, care for and maintain the same, and regulate the use thereof; and, in its discretion, let or lease the same to the State or the department of agriculture for public fair or exhibition purposes upon such terms and conditions and for such consideration as will best promote the holding of fairs or exhibitions. Upon becoming the member of any fair district, the county may sell the grounds or parks to the same, provided any such conveyance expressly provides that upon failure to use the grounds or parks for a district fair for 2 years the property is to revert to the county (title 30, ch. 7). SCHOOL DISTRICTS PLAYGROUNDS Acquisition of lands; bonds; tax.-The board of trustees of independent and joint independent school districts may purchase or otherwise acquire grounds or sites for playgrounds and gymnasiums, either in connection with school buildings or as separate buildings; may equip and maintain the same; may issue and sell bonds to raise money for such purposes; and may levy for the proper maintenance and care of the gymnasium and grounds a special tax not exceeding 1 mill on the dollar; may prescribe rules and regulations for the use of the grounds, buildings, and apparatus by the pupils of the district, and by which other than the pupils of its districts may use the same, and fix the membership for which such other persons are to pay for the privileges (title 32, ch. 6). School budget. The board of trustees of common and joint common school districts is required to include annually in its budget the expenditures for the past year and the requirements for the school year next ensuing, including, among other things, recreational equipment and lands for playgrounds (ibid., ch. 7). IRRIGATION DISTRICTS PARKS Authority; acquisition of land. The board of directors of any irrigation district may maintain public parks and recreation grounds for the benefit of the people of the district, and may set aside land for such purposes, including land acquired from sale of delinquent water assessments; also may purchase land for public parks and recreation grounds. In the maintenance of such grounds, the board may construct buildings and provide facilities for recreation purposes; also may receive gifts and donations of either real or personal property for such purposes (ch. 11, Laws of 1935). GENERAL Conduct at pleasure resorts. Any person violating the provisions of any rules or regulations adopted for the orderly and healthful conduct of any park, picnic ground, dance hall, pleasure or health resort, sanitarium or buildings, or grounds of any kind or description to which the public has general access, whether owned or operated by the State, a county, municipality, corporation, association, partnership, or individual, is to be deemed guilty of a misdemeanor and fined not less than $10 or more than $100, or imprisoned not less than 5 days or more than 30 days, or both. Owners or managers must adopt and keep posted regulations for the orderly conduct of such places (title 17, ch. 30). Protection of flowers and shrubs.-Any person who willfully and maliciously cuts down, removes, destroys, or uproots any flowering or ornamental tree, shrub, perennial, or ornamental plant in any park or upon any highway which has been planted as a part of any beautification system or place of any city, county, State, or Government of the United States, is to be deemed guilty of a misdemeanor (ch. 220, Laws of 1937). Aid to housing projects. For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of housing projects located in the area in which it is authorized to act, any State public body may upon such terms, with or without consideration, as it may determine, cause parks, playgrounds, recreational, or any other works which it is otherwise empowered to undertake, to be furnished adjacent to or in connection with housing projects (ch. 233, Laws of 1939). NOTE. Title references are to Idaho Annotated Code, 1932. ILLINOIS CITIES, VILLAGES, AND TOWNS PARKS Establishment; improvement; acquisition of land.-Cities and villages may lay out, establish, open, alter, widen, extend, pave, or otherwise improve streets, parks, and public grounds and vacate the same, and for such purposes or uses take real property belonging to the city or village or to county school districts, boards of education, sanitary districts or sanitary district trustees, forest preserve districts or forest preserve district commissioners, or park districts or park commissioners, and already devoted to a public use, when the taking will not materially impair or interfere with the use already existing and is not detrimental to the public (ch. 24). Certain cities; acquisition of land, referendum; tax.-All cities not exceeding 15,000 inhabitants may acquire by purchase or otherwise, lands in or within 4 miles of the corporate limits, for the purpose of providing public parks for the use of their inhabitants; and may enclose, improve, and maintain any such park and regulate its use by ordinance. No money may be expended for the purchase of any land until the question of the expenditure has been submitted to a vote of the people of such city and has received a majority of the votes cast. Such cities may borrow money and levy and collect a general tax for such purpose, or for the purpose of improving and maintaining the park (ch. 105). Certain cities and villages; leases to county fairs; referendum; tax.-Cities and villages having a population of less than 50,000 may purchase, establish, and maintain public parks for the use and benefit of their inhabitants; may lease the parks for the purpose of holding county fairs therein; and may levy a tax not to exceed 2 mills on the dollar annually for such purpose. If the inhabitants of any city or village having a population of 1,500 or more by vote so determine, such annual tax may be levied in addition to or in excess of tax limitations contained in other acts or by any provision of any special charter under which any city or village is organized. Upon petition of a number of voters of any city or village equal to 1 percent of the votes cast at the last preceding city or village election, but in no case fewer than 100 voters, the election officers must submit to the electors the proposition to levy additional taxes for park purposes as above. A majority of the votes cast is necessary to carry the proposition (ibid., as amended by Laws of 1937, p. 985). Same; change in population; continuance of tax.-Any city or village which has authorized the levy of the tax provided for in the preceding paragraph at the time when its population was less than 50,000 may continue the levy annually at the rate approved by the |