§ 36-10-4-9 — Control of property within district; public ways passing through park property; powers of board

Indiana § 36-10-4-9

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 10: RECREATION, CULTURE, AND COMMUNITY
• Ch. 4: Parks Department in Certain Cities

Text

(a) The board has, subject to statute and to the
right given by section 5 of this chapter to other municipalities within
the district to operate separate parks and recreational facilities,
exclusive control of all property within the district used for park
purposes.
(b) In addition, the part of all public ways that pass through park
property is considered to be a part of this property and is also under the
control of the board.
(c) The board may do the following:
(1) Acquire, lay out, and improve land for park purposes in the
district and may equip, operate, maintain, and regulate the public
use of that property.
(2) Appoint a secretary, and, in the secretary's absence a secretary
pro tempore, landscape architects, engineers, surveyors, attorneys,
clerks, guards, laborers, playground directors, and other
employees, prescribe their duties and authority, and fix their
compensation. If a superintendent of the department is appointed,
the secretary shall be appointed under IC 36-4-9-2.
(3) Make rules not in conflict with statutes or the ordinances of
the city for the management of the property under its control.
(4) Require the department of public safety of the city to detail
police officers to execute the orders and enforce the rules made
by the board and to be subject to the board, with the city executive
deciding any disagreement between the two (2) departments as to
the number and duration of the details of police officers.
(5) Locate, erect, and maintain fountains in parks, as well as in
the public ways that form the boundaries of parks, or intersect
with them.
(6) Erect and maintain suitable fences around parks.
(7) Seize and impound animals found running at large in any of
the parks, including establishing suitable places for the
impounding.
(8) Lease or sell any buildings, grounds, materials, equipment, or
any parts of them owned by the city that are under the control of
the department and that the board determines are not required for
park purposes, permitting any other department of the city or the
school city to occupy or use the property upon terms that are
approved by the executive. All sums realized from the lease, sale,
or other disposition of property shall be deposited in the city
treasury to the credit of the department and expended for park
purposes. All buildings and structures erected upon land under
the control of the board are under the control of the board, and the
board may not permit the erection of any building or structure
upon land unless it becomes the property of the city. A lease or
sale of minerals, mineral rights, or royalties for minerals for more
than one (1) year from land owned by a second class city or a
lease for more than one (1) year in a city that adopted this chapter
by ordinance under IC 19-7-9 (before its repeal on September 1,
1981) may be made only to the highest and best bidder after
notice of the sale or lease has been given by publication in
accordance with IC 5-3-1.
(d) The board may also do the following:
(1) Vacate public ways, or parts of them, on land under the
control of the board in the same manner as the city works board
may vacate them.
(2) Take over and control public ways, or parts of them, within
the city and convert them into boulevards or pleasure driveways
if they connect with or run into or through a park, parkway, or
boulevard or are necessary for the establishment of a park or
boulevard system in the city, including grading, improving, and
beautifying them and relinquishing to other departments of the
city the control of a public way or parkway in streets taken over
that are not necessary or desirable for maintenance as part of the
park system of the city.
(3) Petition the proper board of the city to construct any necessary
drainage or sanitary sewers and connections in a public way or
parkway bordering park property and require a public service
corporation to lay, install, and connect water and gas mains and
electric light conduits in and along a boulevard or park drive
when reasonably necessary.
[Pre-Local Government Recodification Citations: 19-7-9-5
part; 19-7-30-9 part; 19-7-15-1.]
As added by Acts 1981, P.L.309, SEC.111. Amended by Acts
1981, P.L.45, SEC.97; Acts 1981, P.L.320, SEC.13; P.L.3-1990,
SEC.139; P.L.127-2017, SEC.380.