PUBLIC PARKS, PLAYGROUNDS AND THE PUBLIC DOMAIN

M.G.L. pt. Part I, tit. Title VII, ch. c. 45

in effect

M.G.L. c. 45, § 1 Definitions

c. 45, § 1. Definitions Section 1. In this chapter ''town'' shall not include city. In this chapter ''park'' shall include a city or town common dedicated to the use of the public, or appropriated to such use without interruption for a period of twenty years.

M.G.L. c. 45, § 2 Board of park commissioners; membership; tenure; vacancies; removals

c. 45, § 2. Board of park commissioners; membership; tenure; vacancies; removals Section 2. A town may elect a board of park commissioners, consisting of three or five persons and prescribe their terms of office, or the members of a town planning board or department of public works, or road commissioners may if so authorized by vote of the town act as park commissioners therein. In a town which has not elected a board of park commissioners or has not authorized the town planning board so to act, the selectmen shall act as such board of park commissioners and have authority to approve or disapprove the acquisition of lands by eminent domain as set forth in section seventy-nine of chapter ninety-two and shall have all other powers and duties of a park commission. The mayor of a city may, with the approval of the city council, appoint a board of park commissioners for said city, consisting of five persons, who shall hold office for terms of one, two, three, four and five years respectively from the first Monday in May next following such appointment, or until their successors are qualified; and thereafter the mayor shall annually, before the first Monday in May, with like approval appoint one such commissioner for a term of five years from said first Monday in May. No member of the city council, clerk or treasurer of such city or town shall be such commissioner. In cities a vacancy in such board shall be filled in like manner for the residue of the unexpired term. A commissioner may be removed by a vote of two thirds of the voters of a town, or by a vote of two thirds of all the members of a city council. Such commissioners shall serve without compensation.

M.G.L. c. 45, § 3 Acquisition of property for parks

c. 45, § 3. Acquisition of property for parks Section 3. Any such board may locate public parks within its city or town and for that purpose may take in fee by eminent domain under chapter seventy-nine or by purchase, gift, devise or otherwise, land which it considers desirable therefor, or may take bonds for the conveyance thereof to its city or town, but any such taking by eminent domain or by purchase shall be subject to the provisions of section fourteen of chapter forty. A city or town may take and hold in trust or otherwise any grant, gift, bequest or devise, made for the purpose of laying out or improving any parks therein.

M.G.L. c. 45, § 4 Connecting ways; extent of power of eminent domain

c. 45, § 4. Connecting ways; extent of power of eminent domain Section 4. Such boards may connect any public park or way, under their control, with any part of the city or town for which they are appointed by taking over any connecting ways, or part thereof leading to such park, and may accept and add to such park any way or part thereof, adjoining and parallel with any boundary line of the same; but the consent of the public authorities having control of such way, and the written consent of a majority of the owners of land abutting thereon, shall first be obtained. They shall have the same power and control over such ways as they have over parks, and a town may invest them with the control, improvement and maintenance of any of the ways thereof for the purpose of carrying out this section. If any such way or part thereof shall pass from the control of any such board, the power and authority over the same shall revert to the public authorities having control of ways in the town in which such way is located.

M.G.L. c. 45, § 5 Powers and duties of boards of park commissioners

c. 45, § 5. Powers and duties of boards of park commissioners Section 5. Such boards may lay out and improve public parks, make rules for their use and government, appoint all necessary engineers, surveyors, clerks and other officers, including a police force to act in such parks, define their powers and duties and fix their compensation and do all acts needful for the proper execution of their powers and duties. They shall have the authority given to the mayor, aldermen, selectmen, road commissioners and tree warden respectively by section seven of chapter eighty-four and by chapter eighty-seven, in places under their jurisdiction. Subject to appropriation, such boards shall also have the power to conduct park programs and recreation activities at places other than such public parks.

M.G.L. c. 45, § 5A Leasing of concessions; bids

c. 45, § 5A. Leasing of concessions; bids Section 5A. Whenever the board or officer having charge of the public parks in a city or town having a population of more than fifty thousand determines to lease concessions in any such park, said board or officer shall invite sealed proposals for such leasing which shall be publicly opened and read and shall award the contract for any such concession to the highest responsible bidder who, in the opinion of said board or officer, would be the most suitable from the standpoint of character, reputation and experience to operate such concession, provided, however, that the provisions of this section shall not apply to an award of such a lease to a nonprofit organization or group organized for the purpose of promoting the assistance of youth programs.

M.G.L. c. 45, § 6 Funds received for betterments; disposition

c. 45, § 6. Funds received for betterments; disposition Section 6. All amounts received for betterments which accrue by the laying out of parks under this chapter shall be applied to the payment of park loans.

M.G.L. c. 45, § 7 Erection of buildings in parks

c. 45, § 7. Erection of buildings in parks Section 7. Land taken for or held as a park under this chapter shall be forever kept open and maintained as a public park, and no building which exceeds six hundred square feet in area on the ground shall be erected on a common or park dedicated to the use of the public without leave of the general court; but, except in parks in Boston and in parks comprising less than one hundred acres in extent, structures for shelter, refreshment and other purposes may be erected of such material and in such places as, in the opinion of the fire commissioners, if any, do not endanger buildings beyond the limits of such park. The superior court shall have jurisdiction in equity, upon petition of not less than ten taxable inhabitants of the city or town in which such common or park is located, to restrain the erection of a building on a common or park in violation of this section.

M.G.L. c. 45, § 8 Use of parks by military forces

c. 45, § 8. Use of parks by military forces Section 8. Without the consent of such board no military organization shall camp, parade, review, or perform any military evolution or exercise in, or enter, any park laid out as aforesaid, except in case of riot, insurrection, rebellion or war.

M.G.L. c. 45, § 9 Annual reports of park commissioners

c. 45, § 9. Annual reports of park commissioners Section 9. Such boards shall make reports of their respective doings and detailed statements of all receipts, expenditures and liabilities for the preceding financial year, in towns at the annual town meetings and at such other times as the town directs, and in cities to the city council annually within thirty days after the end of the financial year.

M.G.L. c. 45, § 11 Restrictions on height of buildings on parkways

c. 45, § 11. Restrictions on height of buildings on parkways Section 11. In a city which by a vote of its city council, or in a town which by vote of a town meeting, accepts this section, or has accepted corresponding provisions of earlier laws, the park commissioners may, in accordance with section thirty-seven of chapter eighty-two, establish a building line distant at no point more than twenty-five feet from any exterior line of a way under their control or the part of a public way on which a park abuts; and the extreme height to which buildings upon such ways may be erected shall be seventy feet exclusive of such steeples, towers, domes, cornices, parapets, balustrades, sculptured ornaments, chimneys and roofs as such board may approve.

M.G.L. c. 45, § 12 Authorization for improvement of open spaces

c. 45, § 12. Authorization for improvement of open spaces Section 12. A city or town having public grounds or open spaces in any of its public ways, which have been or may be designated by it as not needed for public travel, may give the improvement thereof to corporations within its limits organized under section four of chapter one hundred and eighty, which, under the direction of the city council, selectmen or road commissioners, shall have the use, care and control thereof and may grade, drain, curb and fence the same, set out shade or ornamental trees, lay out flower plats and otherwise improve them.

M.G.L. c. 45, § 13 Trespassing in parks; destruction of park property; penalty

c. 45, § 13. Trespassing in parks; destruction of park property; penalty Section 13. Any person who wilfully or maliciously drives cattle, horses or other animals, or any vehicle, on or across such grounds or ways, or destroys or removes any fence or railing on such grounds or ways, or plays games thereon, or otherwise interferes with or injures the work of the corporation having the care of the property so injured, shall be punished by a fine of not more than twenty dollars, which shall be paid over to such corporation.

M.G.L. c. 45, § 14 Playgrounds; acquisition; use; management

c. 45, § 14. Playgrounds; acquisition; use; management Section 14. Any city or town may acquire land and buildings within its limits by gift or purchase, or by eminent domain under chapter seventy-nine, or may lease the same, or may use suitable land or buildings already owned by it, for the purposes of a public playground or recreation centre, and may conduct and promote recreation, play, sport and physical education, for which admission may be charged, on such land and in such buildings, and may construct buildings on land owned or leased by it and may provide equipment for said purposes. Land and buildings so acquired, leased or constructed may be used also for town meetings, and, with the consent of, and subject to the conditions and terms prescribed by, the officer or board in control of the land or building, may be used by the municipality, or by any department thereof, or by any person, society or other organization for such other public, recreational, social or educational purposes as the said officer or board may deem proper. The foregoing provisions shall apply to land and buildings acquired for playground purposes, or for park and playground purposes, but shall not apply to land and buildings acquired solely for park purposes. For the purposes aforesaid, any city or town may appropriate money, and may employ teachers, supervisors and other officers, and may fix their compensation. Except in Boston and except as to the making of appropriations, the powers conferred by this section shall be exercised by the board of park commissioners, or by the school committee, or by the planning board, or by a playground or recreation commission appointed by the mayor in a city or by the selectmen or town moderator in a town, or elected by the voters of the town at a town meeting; or may be distributed among the board of park commissioners, the school committee, the planning board and such playground or recreation commission, or among any two or more of them; or they may be exercised by a committee consisting of one member each designated by all or any one of said boards or commissions, together with two or more members at large appointed by the mayor or selectmen or town moderator, or elected by the voters, accordingly as the city council or the town may decide. Any municipal officer or board authorized to exercise any of the powers conferred by this section may, within or without the city or town limits, conduct its activities on property under its control, on other public property under the control of other public officers or boards, with the consent of such officers or boards, or on private property, with the consent of the owners. Two or more towns may severally vote to establish co-operative arrangements between those towns for the provision and operation of recreational facilities and programs of mutual benefit to their citizens. The management and control of such facilities and programs and the apportionment of the expenses for their maintenance and support shall be provided for by the authorized recreation agencies of the participating towns. The provisions of section fifteen or sixteen shall not be construed to apply to any city or town because of any action taken under this section.

M.G.L. c. 45, § 15 Playgrounds for minors

c. 45, § 15. Playgrounds for minors Section 15. Every town having a population of more than five thousand which accepts this section, and every city and town having such population which has accepted corresponding provisions of earlier laws, shall provide and maintain at least one public playground conveniently located and of suitable size and equipment, for the recreation and physical education of the minors of such city or town, and at least one other playground for every additional twenty thousand of its population.

M.G.L. c. 45, § 16 Procedure for accepting law requiring playgrounds for minors

c. 45, § 16. Procedure for accepting law requiring playgrounds for minors Section 16. In towns which have a population of more than five thousand and which have not already satisfied the provisions of the preceding section or corresponding provisions of earlier laws, upon petition to the selectmen by ten per cent of the voters filed fifteen days before the day of the annual election of town officers, the following question shall be submitted to the town at the next annual meeting or shall be placed on the official ballot, if any, at the next town election: ''Shall section fifteen of chapter forty-five of the General Laws, requiring certain towns to provide public playgrounds, be accepted by this town?'' Said section shall take effect in any town to which it applies upon its acceptance by a majority of the voters voting as aforesaid.

M.G.L. c. 45, § 17 Temporary playgrounds

c. 45, § 17. Temporary playgrounds Section 17. If in a town in the metropolitan parks district, or in any city, tenement buildings are built about or contiguous to open spaces, the owners of such buildings may apply to the park commissioners, if any, or, in a city or town of said district having no park commission, to the metropolitan district commission, and said boards may, with the approval of the board of health of the city or town, take a lease of such open spaces for a neighborhood playground for a term not exceeding fifteen years, subject to renewal, at a rental not exceeding the taxes thereon. The owners of such buildings shall have the care and control thereof under the supervision of the park commissioners, or if there are none, of the selectmen.

M.G.L. c. 45, § 17A Use of streets for recreation or playground purposes

c. 45, § 17A. Use of streets for recreation or playground purposes Section 17A. For the purpose of promoting recreation, play or sport, the city of Boston, by written order of its commissioner of transportation and written approval by its police commissioner, any other city by ordinance and any town by by-law may provide for the closing to vehicular traffic, during periods of time specified in such order, ordinance or by-law, of any public way or part thereof within the limits of such city or town, except a state highway or a parkway or boulevard, having due regard in every instance to the rights of abutting owners and the general public in the use of such way or part thereof.

M.G.L. c. 45, § 18 Persons entitled to use playgrounds

c. 45, § 18. Persons entitled to use playgrounds Section 18. This chapter shall not be construed to prohibit the use of any playgrounds or recreation centers by adults or children of special age groups at the discretion of the body having the grounds or premises in charge.

M.G.L. c. 45, § 18A Chain link metal basketball nets prohibited

c. 45, § 18A. Chain link metal basketball nets prohibited Section 18A. A chain link metal basketball net shall not be used in a public park, playground, or recreation center.

M.G.L. c. 45, § 19 Acquisition of property; use

c. 45, § 19. Acquisition of property; use Section 19. A town, by a two thirds vote at an annual town meeting, or a city, by a two thirds vote of the city council, may determine to take or purchase land within its limits, which shall be a public domain, and any appropriate money and accept gifts of money and land therefor. Such public domain shall be devoted to the culture of forest trees, or to the preservation of the water supply of such city or town, and the title thereto shall vest in the city or town in which it lies, except that cities or towns owning land within the territorial limits of other cities and towns for water supply purposes may, as herein provided, convert such land into a public domain and retain the title thereto.

M.G.L. c. 45, § 20 Method of acquisition

c. 45, § 20. Method of acquisition Section 20. If a city or town has determined to take land for a public domain as provided by the preceding section, the aldermen or the selectmen shall within ten days adopt an order for the taking of such land in fee by eminent domain under chapter seventy-nine.

M.G.L. c. 45, § 21 City or town forests; management

c. 45, § 21. City or town forests; management Section 21. The selectmen in the town and the mayor and the city council in a city shall appoint a special town forest committee to manage and care for that portion of the public domain known as the city or town forest; provided, however, that a town may vote to designate the conservation commission of said town to manage and care for such town forest; provided, further, that a town may vote to authorize said conservation commission to appoint such forest committee; and provided, further, that in a city, the mayor and the city council may appoint a forester or other board or officer to provide such management and care of such forest. Such forest shall exclude lands held within the watershed of any pond, stream, reservoir, well or other water used by a city of town as a source of water supply. The special town forest committee shall be composed of three members who shall choose their own chairman, and shall serve without compensation. One member of said committee shall be appointed each year for a term of three years, except that, when first appointed, one shall be appointed for a term of three years, one for a term of two years and one for a term of one year.

M.G.L. c. 45, § 22 Buildings; erection; lease

c. 45, § 22. Buildings; erection; lease Section 22. Any city or town owning a public domain may lease any building thereon, and it may erect thereon any building for public instruction and recreation. All sums derived from rents or from the sale of the products of any such domain shall be applied, so far as may be necessary, to the management thereof.

M.G.L. c. 45, § 23 Limitation on use of funds

c. 45, § 23. Limitation on use of funds Section 23. No land shall be taken or purchased for a public domain, no building erected thereon and no expenditures authorized or made or liability incurred therefor until an amount sufficient to cover the estimated expense thereof has been appropriated therefor as provided in section nineteen, and all contracts made for expenditures in excess thereof shall be void. The expenditures shall not exceed the appropriations therefor.

M.G.L. c. 45, § 23A Petition for shore reservation

c. 45, § 23A. Petition for shore reservation Section 23A. A town bordering on tidewater may, at an annual town meeting, vote to instruct its selectmen to petition in writing the county commissioners of the county in which said town is situated, in this and the two following sections called the commissioners, to establish, lay out and maintain, on behalf of the county, a shore reservation bordering on tidewater in such town, and thereupon said selectmen shall so petition. This section and sections twenty-three B and twenty-three C shall not apply to cities.

M.G.L. c. 45, § 23B Submission of plans and estimates of cost of shore reservation

c. 45, § 23B. Submission of plans and estimates of cost of shore reservation Section 23B. If the commissioners, after a public hearing upon the petition and after such further investigation as the commissioners consider desirable, determine that public necessity requires that such a reservation should be so established, laid out and maintained, they shall submit plans and estimates of the cost to the general court by filing the same with the clerk of the house of representatives not later than December first following such determination, for such action as to the general court may seem advisable.

M.G.L. c. 45, § 23C Taking or acquisition of land for establishment of shore reservation

c. 45, § 23C. Taking or acquisition of land for establishment of shore reservation Section 23C. After being authorized by the general court to establish any such reservation, the commissioners, on behalf of the county, may take by eminent domain under chapter seventy-nine, or acquire by purchase, gift, devise or otherwise, such land in fee as may be necessary therefor, and may establish, lay out and maintain the same. Any person injured in his property by the establishment and laying out of such a reservation may recover compensation therefor from the county under said chapter seventy-nine. The selectmen of any town instructed to petition for the establishment of such a reservation, if and to the extent authorized by vote of the town at a town meeting, may stipulate in writing in behalf of the town to indemnify and save harmless the county against all or any part of any claims for damages sustained under this section, and to contribute money, labor or materials toward the cost of establishing, laying out, maintaining and properly policing such a reservation.

M.G.L. c. 45, § 24 Penalty for violation of rules and regulations made under authority of chapter

c. 45, § 24. Penalty for violation of rules and regulations made under authority of chapter Section 24. Whoever violates any rule or regulation for the government or use of any land or way taken or held under this chapter or for like purposes under any special act, and made under authority of law by any board or officer in charge thereof, shall be punished by a fine of not more than two hundred dollars.

M.G.L. c. 45, § 25 Posting of emergency numbers at ice skating facilities

c. 45, § 25. Posting of emergency numbers at ice skating facilities Section 25. In cities and towns the emergency telephone numbers of the local municipally-designated emergency ambulance service to render emergency first aid and transport persons to hospitals shall be posted in a conspicuous place at ice skating facilities, both public and private.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter45Fetched: 10/20/2026