Counties and CitiesMunicipal Park Control
Section § 5181
This law states that any lands, parks, highways, and avenues in cities or counties in California that were designated as public parks before March 14, 1889, and are managed by a board of park commissioners, must remain public parks. These parks will continue to be managed by the respective boards of park commissioners.
Section § 5182
This law states that each board of park commissioners in California is made up of three people, who are appointed by the Governor.
These commissioners serve for four years and do not get paid for their work.
Section § 5183
If a spot opens up on the board, the remaining board members will pick someone to fill it until the term ends. If a board member’s term ends, or if the Governor’s appointee doesn’t qualify or take their position, the Governor will fill the vacancy.
Each board member must own property and live in the city, or city and county, where the board operates.
Section § 5184
When a commissioner is appointed by the Governor, the Governor must give them a formal certificate of their appointment, known as a commission.
Within 20 days of getting this commission, the commissioner has to take an official oath of office as required by law.
Section § 5185
This section explains that two members of the board are needed to make decisions. If two members agree, they can make contracts related to the parks they oversee. They can also use any allocated money for park support.
Section § 5186
This law states that each board is responsible for overseeing and managing the parks, avenues, and grounds assigned to them.
Section § 5187
This law allows for the hiring and appointment of various personnel, such as superintendents, laborers, clerks, secretaries, attorneys, surveyors, engineers, musicians, and other assistants, for service in the park.
Section § 5188
This law section allows a governing body to determine the responsibilities, power, and pay of its staff. It is also responsible for managing and distributing the funds set aside for the maintenance and support of parks and grounds.
Section § 5189
This law states that for any money to be taken out of a city's treasury, it requires a proper warrant. This warrant must be signed by most park commissioners and also reviewed by the city's auditor.
Section § 5190
If a park commissioner is involved in any contract or work related to the park they oversee, they are committing a felony. Anyone who knows about this must report it to the Governor.
The Governor will then review the evidence, and if convinced of the wrongdoing, must remove the commissioner from their position immediately.
Section § 5191
Every year, on the first Monday of July, each board is required to create a full report of their activities and a detailed financial statement. This report must be submitted to both the state legislature and the city government where the board operates. It includes both what they've done and how they've spent their money.
Section § 5192
This law allows park commissioners to rent out small parts of parks, up to one acre per person, until the city needs it for park development or public use. These leases can't be transferred to others, and leases to railroad companies can't be longer than three years. Any money earned from these leases must go to the city's funds to support the parks.
Section § 5193
This law allows each board in charge of parks and grounds to create rules (ordinances) that help manage and regulate these areas, as long as they don't conflict with state laws. Once an ordinance is passed, it needs to be published in a local daily newspaper for ten days, starting within five days after it's enacted. Breaking any of these ordinances results in being charged with a misdemeanor crime.
Section § 5194
This law states that prisoners over 18, who are sentenced to hard labor in a city's penal establishment, can be assigned to work in parks and grounds managed by the city's board of park commissioners if the board requests it.
Section § 5195
This section allows a board to accept donations, gifts, and inheritances for the enhancement of parks they oversee. If not specified differently by the donor, these funds are to be placed in the city's treasury and used just like any other money allocated for park upkeep and enhancement.
Section § 5196
This law allows the board responsible for managing parks and grounds to invest money from gifts, bequests, or legacies in certain financial securities if the funds exceed the immediate needs for park expenses or if it makes sense to invest them. The permissible investments include interest-bearing bonds from the U.S. or California governments, and securities under specific federal acts such as the Federal Home Loan Bank Act and the National Housing Act. The board can also sell these securities or change the investments as needed.
Section § 5199
This law states that park commissioners in California cannot spend more money than what is legally allocated for the maintenance, improvement, and preservation of parks and related grounds. The commissioners are not allowed to create any debts or liabilities beyond the approved budget for these activities.