450 PARKS 



local legislation on parks and recreation is based upon authority granted 

 by the states in the form of enabling acts of general application. Many of 

 the acts, however, while of general application, are limited to cities of a 

 certain class or to cities above a certain population, or within certain mini- 

 mum and maximum population limits. Some of the state laws authorizing 

 counties to establish park and recreation systems are applicable only in 

 counties above a given population. 



In some sections of the United States direct legislation by the state 

 for a local political division is practiced. The Alabama state law, under 

 which the Birmingham Park and Recreation System is organized and con- 

 ducted (pages 435-440), is an example of a state enabling act providing 

 for the creation of a park and recreation system in cities above a certain 

 population. The Ohio state law (pages 440-443) is an example of a state 

 enabling act applicable to cities having metropolitan districts. The West- 

 chester County park law (New York) is an example of direct legislation 

 applicable to Westchester County alone. (See pages 443-449.) 



During the past decade (1915-26) twenty-one states have passed 

 enabling acts or so-called "home rule bills" authorizing cities, villages, 

 counties, townships, school districts, to establish and operate systems of 

 recreation and playgrounds. The acts in twelve of these states have referen- 

 dum features. The following is the full text of one of these enabling acts 

 as enacted by the state legislature of Florida in 1925. It is more or less 

 typical of all of them. 



A bill to be entitled an Act empowering cities, towns may now or hereafter be authorized or provided by 



and counties in the State of Florida to provide, main- law for the acquisition of lands or buildings for public 



tain and conduct supervised recreation systems and to purposes by such municipality or county, acquire or 



acquire, establish, conduct and maintain playgrounds, lease lands or buildings, or both, within or beyond the 



recreation centers and other recreational facilities and corporate limits of such municipality or county, for 



activities and to vote bonds and an annual tax therefor; playgrounds, recreation centers and other recreational 



defining the powers of such municipalities and counties, purposes, and when the governing body of the munic- 



their governing bodies, school boards and park boards ipality or county so dedicates, sets apart, acquires or 



in connection with all such matters, and providing for leases lands or buildings for such purposes, it may, on its 



the creation of playground and recreation boards or own initiative, provide for their conduct, equipment 



commissions the election and the terms of the members and maintenance according to provisions of this Act, 



thereof. Be it enacted by the Legislature of the State by making an appropriation from the general municipal 



of Florida: or county funds. 



Section i. This Act shall apply to all cities, towns Section 3. The governing body of any such munic- 

 and counties of the State of Florida. The term "such ipality or county may establish a system of supervised 

 municipality or county" as used in this Act refers to recreation and it may, by resolution or ordinance, vest 

 and means any city, town or county of the State of the power to provide, maintain and conduct play- 

 Florida, grounds, recreation centers and other recreational activ- 



Section 2. The governing body of any such munic- ities and facilities in the school board, park board, or 

 ipality or county may dedicate and set apart for use as other existing body or in a playground and recreation 

 playgrounds, recreation centers and other recreation board as the governing body may determine. Any 

 purposes, any lands or buildings, or both, owned or board so designated shall have the power to maintain 

 leased by such municipality or county and not dedicated and equip playgrounds, recreation centers and the 

 or devoted to another or inconsistent public use; and buildings thereon, and it may, for the purpose of carry- 

 such municipality or county, may, in such manner as ing out the provisions of this Act, employ play leaders, 



