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A Study of the Park and Recreation Problem of the United States



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Cover

Contents

Foreword

Supplemental Foreword

Introduction

Recreational Habits and Needs

Aspects of Recreational Planning

Present Public Outdoor Recreational Facilities

Administration

Financing

Legislation

A Park and Recreational Land Plan





A Study of the Park and Recreation Problem of the United States
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Chapter VI: Legislation (continued)

ENABLING LEGISLATION FOR LOCAL UNITS OF GOVERNMENT

The power to establish public park and recreational departments, and through them to provide recreational services, is conferred upon local governmental units in several forms. In a number of States the power is expressed in the constitution. In others the constitution confers home rule authority. However, the latter authority generally is granted only to incorporated municipalities of substantial population; and as the necessity for recreational authority became more generally recognized, other governmental units, both incorporated and unincorporated, were confronted with the necessity of seeking passage of general or special acts empowering them to render recreational services.

In recent years recreation has been recognized as one of the important municipal functions; consequently, in the acts granting charters to municipalities provision has been made for park and recreational systems. In some cases their form of organization has been specified in the city charter and occasionally more detailed provisions concerning their method of operation. Today the municipal charter, either by its original provisions or by amendments, is the most prevalent means of providing for the establishment of public park and recreational systems.

As recreational programs developed, it became evident that the needs of the people of a city could not be satisfactorily met within the limits of the municipal boundaries, and as a result special legislation was sought and passed creating metropolitan park districts, or empowering the cities or other units to acquire property and conduct activities beyond their boundaries.

Agencies entrusted with other functions of government have felt the desirability for a similar extension of their facilities and activities so that metropolitan utility districts, conservancy districts, etc., have been established. Often these metropolitan districts related to different functions are established with the same city as a nucleus, but their boundaries are not coterminous. It would appear to be a sound policy in establishing such districts to consider the whole field of social function so that such a district might serve all functions which require such an extension of influence.

It is still necessary in a number of States for local governmental units to secure special legislation for the establishment of park and recreational departments, or to extend the service of those departments beyond their borders. It is highly desirable that adequate legislation of a general nature be passed in those States which have not already done so, empowering cities and towns of all classes, as well as counties, townships, etc., to establish park and recreational departments and to perform all necessary functions within and outside their boundaries.

As the concept of the scope of a comprehensive recreational program embracing a multiplicity of activities based upon the variety of interests of people of all ages and inclinations has constantly enlarged, it has become evident that a similar diversity of areas and facilities is necessary to its successful functioning. In the early days of the movement, frequently playground departments were established which very often operated a limited program for the period of the school vacation and included only activities for children. Park boards very often did not provide leadership for a recreational program, and often school boards considered that their responsibility for recreation extended only to the pupils in their curricular and extracurricular activities. In recent years it is generally accepted that the facilities under the jurisdiction of the park boards and school boards should be available for community recreational activities. This often necessitates additional legislation expanding the function of these agencies or creating a recreational department with authority to conduct a program using all municipally owned areas and facilities suited to this purpose. This department is frequently governed by a recreational board or commission, and often provision is made for representation on this board of the various agencies having suitable facilities under their jurisdiction, together with other citizens.

General enabling acts should, therefore, provide for the establishment of the recreational department as a primary agency with authority to acquire areas by means of purchase, gift, devise, and other methods, to improve and develop them, to construct facilities and to conduct a program of activities for the benefit of the citizens of the particular governmental unit on any suitable area or in connection with any facility within or outside the boundaries of the governmental unit.

Provision should be made for the financing of the department through appropriation, gift, bequest, trust funds, through the issuance of bonds, a millage tax, and other means. Provision should be made for a minimum and maximum millage and such funds should be definitely allocated for the purposes of the recreational department and for no other purpose. Provision should also be made for the recreational department to enter into arrangements with other departments of the governmental units, other lesser governmental units, the State, and with the Federal Government in the acquisition, development, and operation of recreational areas and facilities, in the conduct of recreational programs, and in such activities as would promote the recreational movement.

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