11-28-05. Powers and duties of the board of park commissioners
The board of county park commissioners shall have the power and it shall be its duty to:
1. Sue and be sued in the name of the board.
2. Accept on behalf of the county any and all lands and waters and any and all interests,
easements, or rights therein, and any gifts, grants, donations, or trusts in money or
property, or other assistance, financial or otherwise, from federal, state, municipal, and
other public or private sources for park and recreational purposes; accept and assume
the supervision, control, and management of any privately owned property or
recreational area, when the conditions of the offer for its public use are such as in the
judgment of the board will be conducive to the best interests of the people of the
county and state; and acquire by lease, purchase, gift, devise, or otherwise and hold,
own, possess, and maintain real and personal property for parks and recreational
purposes.
3. Cooperate and contract with the state or federal government or any department or
agency thereof in furnishing assurances and meeting local cooperation requirements
in connection with any project involving the construction, improvement, operation,
maintenance, conservation, or use of any park or recreational area under the
jurisdiction, supervision, control, and management of the board.
4. Regulate, supervise, control, and manage all areas of land and water owned or held
by the county or which may be, under written agreement, placed by an individual, a
corporation, a limited liability company, the federal, state, or a municipal government,
or any department or agency thereof, under the jurisdiction, supervision, control, and
management of the board of county park commissioners for park or recreational
purposes.
5. Promulgate, publish, and impose rules and regulations concerning the uses to which
such land and water areas may be put, including the regulation or prohibition of the
construction, establishment, or maintenance therein or thereon or within one-half mile
[.80 kilometer] thereof of any concession, dancehall, dance parlor, dance pavilion, soft
or hard drink parlor or bar, and of any and all establishments of every name, nature, or
description which may, in the judgment of the board, be unsightly, noisome, improper,
inappropriate, or detrimental to the social usages of the area or areas for park and
recreational purposes.
6. Regulate, supervise, control, and manage all such land and water areas, including all
lakes, streams, and ponds and all artificial bodies of water created by any water
development or water conservation or flood control project of the county, state, or
federal government not under the jurisdiction, supervision, or control of any other
board, department, or governing body.
7. Exercise full police power, supervision, control, and management over such areas and
the adjoining and adjacent lands within one-half mile [.80 kilometer] thereof, and by
regulations duly promulgated, published, and imposed regulate or prohibit the
construction, establishment, maintenance, or operation within one-half mile [.80
kilometer] of any such land or water area of any dancehall, dance parlor, dance
pavilion, soft or hard drink parlor or bar, and any and all establishments of every name,
nature, and description which may, in the judgment of the board, be unsightly,
noisome, improper, inappropriate, or detrimental to the social usages of any land area
or body of water so developed or created. The authority provided by these subsections
is intended to be exercised for the protection of the health, safety, good morals, and
general welfare of the people of the county and state to the fullest extent permissible
under the police power of the county and state.
8. Prevent the pollution, contamination, or other misuse of any water resource, stream, or
body of water under its jurisdiction, supervision, control, or management.
9. Certify to the county auditor the amount of money necessary to meet the estimated
expenses and costs of properly conducting its business and activities, including the
operation, maintenance, and improvement of the park and recreational areas under its
control and those recreational activities of benefit to the general populace of the
county which are under the control of a city or a city park district within the county for
the ensuing year, such certificate to be filed with the county auditor not later than the
first day of July each year. Such certificate shall be accompanied by an itemized
budget statement showing the detailed expenditure program, as nearly as possible, of
the board for the ensuing year.
10. Do all the things reasonably necessary and proper to preserve the benefits accruing
from the park and recreational areas under the jurisdiction, supervision, control, and
management of the board of county park commissioners.
11. To exercise the power of eminent domain in the manner provided by title 32 for the
purpose of acquiring and securing any right, title, interest, estate, or easement
necessary to carry out the duties imposed by this chapter, and particularly to acquire
the necessary rights in land for the control of the shores of any lake and to protect the
right of ingress and egress therefrom and to provide recreational areas or facilities.
12. Lease lands owned or controlled by the board for residential, camping, concession,
and other purposes under terms determined by the board, and to deposit and expend
any income from the lease as other moneys under the control of the board.
