Section § 5181

Explanation

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.

All lands, parks, highways, and avenues in any city or city and county, which prior to March 14, 1889, were set apart by law for public parks and which have been placed under the management or control of a board of park commissioners, shall remain and continue to be public parks, subject to the management and control of the several boards of park commissioners.

Section § 5182

Explanation

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.

Each board of park commissioners shall consist of three persons, who shall be appointed by the Governor.
They shall hold their offices for four years, respectively, and shall receive no compensation for their services.

Section § 5183

Explanation

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.

In case of a vacancy in the membership of the board, it shall be filled by an appointee of the remaining members of the board, for the unexpired term.
All vacancies caused by the expiration of the term of office of any member or by the failure or neglect to qualify of any person appointed by the Governor, shall be filled by the Governor.
Each member of each board shall be a freeholder and a resident of the city, or city and county, in which the board of which he is a member is to act.

Section § 5184

Explanation

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.

The Governor shall issue a commission to each commissioner appointed by him or her, and each commissioner shall, within 20 days after the receipt thereof, take and subscribe the oath of office prescribed by law.

Section § 5185

Explanation

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.

Two members of the board constitute a quorum for the transaction of business; and the concurrent action of two members is sufficient to enable the board to:
(a)CA Public Resources Code § 5185(a) Make any contracts pertaining to the park or parks under the control of the board.
(b)CA Public Resources Code § 5185(b) Draw and expend any money which has been appropriated or set apart for the support of the park or parks, or which constitutes any portion of the funds applicable to their support.

Section § 5186

Explanation

This law states that each board is responsible for overseeing and managing the parks, avenues, and grounds assigned to them.

Each board shall govern, manage, and direct the parks, avenues, and grounds which are placed under its care and charge.

Section § 5187

Explanation

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.

It may employ and appoint superintendents, laborers, clerks or secretaries, attorneys, surveyors, and engineers, and it may engage and employ musicians for service in the park, and other officers and assistants.

Section § 5188

Explanation

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.

It may prescribe and fix the duties, authority, and compensation of its appointees and employees. It shall manage and disburse funds appropriated or provided for the support of the parks and grounds.

Section § 5189

Explanation

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.

Moneys shall not be paid out of the treasury of any city, or city and county, except upon warrants duly signed by a majority of the board of park commissioners and audited by the auditor of the city.

Section § 5190

Explanation

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.

Every park commissioner who is interested, directly or indirectly, in any contract or work of any kind connected with the park or grounds under the control of the board of which he is a member is guilty of a felony.
Every person who knows or is informed of a violation of this section, shall forthwith report it to the Governor, who shall hear the allegations and proofs. If, after the hearing, the Governor is satisfied of the truth of the charge, he shall immediately remove the commissioner who has been guilty of the offense.

Section § 5191

Explanation

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.

Each board shall on the first Monday of July of each year make to the Legislature of the State, and to the legislative body of the city in which the board is acting, a full report of its proceedings and a detailed statement of its receipts and expenditures.

Section § 5192

Explanation

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.

Each board of park commissioners may let or lease any portion of the parks or grounds under its control, not exceeding one acre in extent, to any one person, until the grounds so leased are required for the improvement of such parks, or for public use as a park. The lease shall be unassignable. No portion may be leased to any street or other railroad company for a term exceeding three years.
All money realized from the leases shall be paid into the treasury of the city, or city and county, in which the parks are situated, and added to the funds appropriated or provided for the support of the parks.

Section § 5193

Explanation

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.

Each board may pass and adopt ordinances which are necessary for the regulation, use, and government of the parks and grounds under its supervision, not inconsistent with the laws of the State. These ordinances shall be published for ten days, Sunday excepted, in a daily newspaper to be selected by the board, published in the city or city and county in which the board is acting. Publication shall be commenced within five days after passage of the ordinance.
Every person who violates any published ordinance is guilty of a misdemeanor.

Section § 5194

Explanation

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.

Prisoners over the age of 18 years, who have been sentenced to hard labor in any penal establishment of any city or city and county may, upon the request and requisition of the board of park commissioners, be put to work upon the parks and grounds which are under the control of the board.

Section § 5195

Explanation

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.

Each board may accept donations and aid from any person or corporation, and legacies and bequests by the last wills of deceased persons, for the aid or improvement of the parks and grounds under the control of the board. All money derived by any board from donations, legacies, and bequests shall, unless otherwise provided by the terms of the gift, legacy, or bequest, be deposited in the treasury of the city or city and county and withdrawn and paid out in the same manner as money legally appropriated for the support and improvement of the parks and grounds.

Section § 5196

Explanation

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.

If the money derived from gifts, bequests, or legacies at any time exceeds the sum necessary for immediate expenditure on the parks and grounds, or if it is advisable to invest all or a part of such funds in an interest-bearing or productive investment, the board may invest such money in interest-bearing bonds of the Government of the United States, or the State of California, or in obligations issued pursuant to the provisions of the Federal Home Loan Bank Act, approved July 22, 1932, as now or hereafter amended, or in obligations issued pursuant to Title 4 of the National Housing Act, approved June 27, 1934, as now or hereafter amended. Thereafter the board may sell and dispose of these securities, or change the form of the investment.

Section § 5199

Explanation

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.

A board of park commissioners shall not in any year incur any debt or liability or expend any money beyond the amount legally applicable to the support, preservation, and improvement of the parks and grounds under the control of the board.