08-09-1995 Council Agenda - Laserfiche WebLink

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PARK DISTRICT 398.08 GENERAL POWERS. Park districts shall have all the rights, powers. privileges and immunities of a municipal corporation at common law and they shall be subject to the duties of a municipal corporation at common law. Except as otherwise limited in this chapter they shall have perpetual succession, may sue and be sued. may use a corporate seal, may acquire by lease. purchase, gift, condemnation or otherwise such real and personal property as the purposes of the board may require and may hold. manage. control. sell, convey, lease or otherwise dispose of such property or its interests therein. The board shall have full authority to exercise all the powers of the district, to make all necessary or desirable contracts, to procure public liability and other insurance protection as may be necessary or desirable. to hire and employ help and assistance as its needs require. to exercise the power of eminent domain, to enact ordinances and to declare that the violation thereof shall be a penal offense and to prescribe the penalties thereof, not to exceed a fine of $100, or imprisonment in a statutory city or county jail for a period of not more than 90 days, or both, and in either case the cost of prosecution may be added to the penalties imposed. The board shall have full power and authority to acquire and establish parks and to operate, maintain, protect, improve and preserve a park system and to conduct a recreational program in its parks. History: 1955 c 806 s 8; 1973 c 123 art 5 s 7 398.09 SPECIFIC POWERS. Park district boards in addition to the foregoing general powers shall have these specific powers: (a) The power to regulate by ordinance the use of the waters of any lake lying wholly within a park established under this chapter and the use of any lake shore which is within a park established under this chapter and the waterfront immediately abutting such lake shore for not to exceed 300 feet therefrom, by all persons, including persons boating, swimming, fishing, skating or otherwise, in, upon or about said lake, lake shore and abutting waterfront, subject to regulation by the state of Minnesota. CITIES AND TOWNS 459.20 AUTHORITY OVER PUBLIC WATERS. The governing body of any home rule charter or statutory city or town in the state has, with respect to any body of water situated wholly within its boundaries, all the pow- ers to improve and regulate the use of such body of water subject to section 86B.205, subdivision 6, as are conferred on county boards by sections 86B.205 and 103F.801, and to establish and administer lake improvement districts under sections 1038.501 to 1038.581. With respect to any body of water situated wholly within the contiguous boundaries of two or more home rule charter or statutory cities or towns or any combi- nation thereof, the city councils and town boards may, under the provisions of section 471.59, jointly exercise such powers to improve and regulate the use of the body of water subject to section 103F.751, as are conferred on county boards by sections 86B. 205 and 103F.801, and to establish and administer lake improvement districts as pro- vided under sections 1038.501 to 1038.581, provided that no home rule charter or stat- utory city or town may establish and administer a lake improvement district or exercise any of the powers granted in this section if a lake improvement district covering the same territory has been created by a county board under sections 1038.501 to 103B. 581. References in sections 86B.205, 1038.501 to 1038.581. and 103F.801 to the county board shall be construed to refer to the governing body of a home rule charter or statutory city or the board of supervisors of a town. Page 49