2015 North Dakota Century Code Title 11 Counties Chapter 11-28 County Parks and Recreational Areas
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CHAPTER 11-28
COUNTY PARKS AND RECREATIONAL AREAS
11-28-01. Board of county park commissioners - Appointment by county
commissioners - Number.
The board of county commissioners shall establish a five-member to seven-member board
of county park commissioners consisting of at least two members of the county commission and
at least two resident citizens of the county.
11-28-02. Eligibility for appointment - Term - Vacancy - Compensation.
Any resident citizen of the county, including county, city, and township officers, is eligible for
appointment to the board of county park commissioners. Each appointed county park
commissioner shall hold office for a term of three years, or until a successor is appointed and
qualified. Any vacancy in the board must be filled for the unexpired term by appointment by the
board of county commissioners as soon as practicable. The appointing authority shall establish
the rate of compensation for park commissioners and actual expenses incurred by the
commissioners may be reimbursed at the official reimbursement rates of the appointing
authority. Unless otherwise agreed upon, the board of county park commissioners shall meet at
the time of the regular meetings of the board of county commissioners upon the order of the
chairman, and appointed members only are entitled to compensation for attendance at the
concurrent meetings.
11-28-03. County auditor, county treasurer, and state's attorney shall serve board.
The county auditor or other official designated by the board shall serve as secretary of the
board of county park commissioners and the county treasurer shall serve as treasurer of the
board and custodian of all its funds from whatever source received. Such funds shall be placed
in a separate fund and shall not be diverted to any other use or purpose. The state's attorney of
the county shall act as legal adviser to the board and shall prosecute and defend any and all
actions brought by or against said board. Neither the county auditor nor official designee, the
county treasurer, nor the state's attorney shall receive any additional compensation for acting in
their respective capacities.
11-28-04. Organization of board - Quorum - Meetings.
Within twenty days after the appointment of the board of county park commissioners, and
within twenty days after any change in its personnel, the board shall meet and shall organize by
selecting one of its members as chairman. One-half or more of the members constitutes a
quorum of the board. The board shall hold such meetings as may be required for the transaction
of its business and activities. If the board decides to hold meetings at a time other than the time
for regular meetings of the board of county commissioners, the board shall draft a schedule of
regular meetings to be held throughout the year. The schedule must be filed with the county
auditor and the meetings must be noticed in accordance with section 44-04-20. A special or
emergency meeting may be called by the secretary upon the order of the chairman, or upon the
request of the majority of the board with notice provided in accordance with section 44-04-20.
11-28-05. Powers and duties of the board of park commissioners.
The board of county park commissioners shall have the power and it shall be its duty to:
1. Sue and be sued in the name of the board.
2. Accept on behalf of the county any and all lands and waters and any and all interests,
easements, or rights therein, and any gifts, grants, donations, or trusts in money or
property, or other assistance, financial or otherwise, from federal, state, municipal, and
other public or private sources for park and recreational purposes; accept and assume
the supervision, control, and management of any privately owned property or
recreational area, when the conditions of the offer for its public use are such as in the
judgment of the board will be conducive to the best interests of the people of the
county and state; and acquire by lease, purchase, gift, devise, or otherwise and hold,
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own, possess, and maintain real and personal property for parks and recreational
purposes.
Cooperate and contract with the state or federal government or any department or
agency thereof in furnishing assurances and meeting local cooperation requirements
in connection with any project involving the construction, improvement, operation,
maintenance, conservation, or use of any park or recreational area under the
jurisdiction, supervision, control, and management of the board.
Regulate, supervise, control, and manage all areas of land and water owned or held
by the county or which may be, under written agreement, placed by an individual, a
corporation, a limited liability company, the federal, state, or a municipal government,
or any department or agency thereof, under the jurisdiction, supervision, control, and
management of the board of county park commissioners for park or recreational
purposes.
Promulgate, publish, and impose rules and regulations concerning the uses to which
such land and water areas may be put, including the regulation or prohibition of the
construction, establishment, or maintenance therein or thereon or within one-half mile
[.80 kilometer] thereof of any concession, dancehall, dance parlor, dance pavilion, soft
or hard drink parlor or bar, and of any and all establishments of every name, nature, or
description which may, in the judgment of the board, be unsightly, noisome, improper,
inappropriate, or detrimental to the social usages of the area or areas for park and
recreational purposes.
Regulate, supervise, control, and manage all such land and water areas, including all
lakes, streams, and ponds and all artificial bodies of water created by any water
development or water conservation or flood control project of the county, state, or
federal government not under the jurisdiction, supervision, or control of any other
board, department, or governing body.
Exercise full police power, supervision, control, and management over such areas and
the adjoining and adjacent lands within one-half mile [.80 kilometer] thereof, and by
regulations duly promulgated, published, and imposed regulate or prohibit the
construction, establishment, maintenance, or operation within one-half mile [.80
kilometer] of any such land or water area of any dancehall, dance parlor, dance
pavilion, soft or hard drink parlor or bar, and any and all establishments of every name,
nature, and description which may, in the judgment of the board, be unsightly,
noisome, improper, inappropriate, or detrimental to the social usages of any land area
or body of water so developed or created. The authority provided by these subsections
is intended to be exercised for the protection of the health, safety, good morals, and
general welfare of the people of the county and state to the fullest extent permissible
under the police power of the county and state.
Prevent the pollution, contamination, or other misuse of any water resource, stream, or
body of water under its jurisdiction, supervision, control, or management.
Certify to the county auditor the amount of money necessary to meet the estimated
expenses and costs of properly conducting its business and activities, including the
operation, maintenance, and improvement of the park and recreational areas under its
control and those recreational activities of benefit to the general populace of the
county which are under the control of a city or a city park district within the county for
the ensuing year, such certificate to be filed with the county auditor not later than the
first day of July each year. Such certificate shall be accompanied by an itemized
budget statement showing the detailed expenditure program, as nearly as possible, of
the board for the ensuing year.
Do all the things reasonably necessary and proper to preserve the benefits accruing
from the park and recreational areas under the jurisdiction, supervision, control, and
management of the board of county park commissioners.
To exercise the power of eminent domain in the manner provided by title 32 for the
purpose of acquiring and securing any right, title, interest, estate, or easement
necessary to carry out the duties imposed by this chapter, and particularly to acquire
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the necessary rights in land for the control of the shores of any lake and to protect the
right of ingress and egress therefrom and to provide recreational areas or facilities.
Lease lands owned or controlled by the board for residential, camping, concession,
and other purposes under terms determined by the board, and to deposit and expend
any income from the lease as other moneys under the control of the board.
11-28-05.1. Board of county park commissioners authorized to collect user fees and
issue evidences of indebtedness in anticipation of user fee revenues.
1. A board of county park commissioners may prescribe and collect user fees for facilities
or activities furnished by the county and in anticipation of the collection of such
revenues may issue evidences of indebtedness for the purpose of acquiring,
constructing, improving, and equipping parks and park and recreational buildings and
facilities, and for the purpose of acquiring land for those purposes.
2. Evidences of indebtedness issued under this section are payable, as to principal and
interest, solely from all or part of the revenues referred to in this section and pledged
for such payment.
3. Notwithstanding any other provision of law, evidences of indebtedness issued under
this section are fully negotiable, do not constitute an indebtedness within the meaning
of any constitutional or statutory debt limitation or restriction, and together with interest
thereon and income therefrom, are not subject to taxation by the state of North Dakota
or any political subdivision of the state.
4. Evidences of indebtedness issued under this section must be authorized by resolution
of the board of county park commissioners and, notwithstanding any other provision of
law, may be issued and sold in such manner and amounts, at such times, in such
form, and upon such terms, bearing interest at such rate or rates, as may be
determined in the resolution.
11-28-06. (Effective for taxable years beginning before January 1, 2016) County parks
and recreation areas funding and county parks and recreation areas capital projects levy
by board of county commissioners.
At the time of levying county general fund taxes for other county purposes, the board of
county commissioners shall consider the budget statement and levy request of the board of
county park commissioners and may fund from revenues derived from county general fund levy
authority an amount to pay the actual necessary expenses of the county park and recreational
areas and activities program of the board of county park commissioners, including repair and
operation of the park and recreational areas and their facilities under its control and those
recreational activities of benefit to the general populace of the county which are under the
control of a city or a city park district within the county. The county auditor shall credit the
funding authorized by the board of county commissioners to the separate fund of the board of
county park commissioners. This levy shall not apply to cities that already have a park levy
unless the governing body of the city by resolution consents to the levy.
The board of county commissioners shall consider the certificate and budget statement of
the board of county park commissioners and may levy taxes annually as provided in section
57-15-06.6 for county park capital projects; acquiring real estate as a site for public parks; and
construction, equipping, and maintaining structural and mechanical components of parks and
recreational facilities. The question of whether the levy for county park capital projects for
county parks and recreational facilities is to be discontinued must be submitted to the qualified
electors at the next regular election upon petition of twenty-five percent of the qualified electors
voting in the last regular county election, if the petition is filed not less than sixty days before the
election. A levy may not be discontinued or reduced if it is dedicated to the payment of bonds
issued pursuant to subsection 6 of section 21-03-07. If the majority of the qualified electors vote
to discontinue the levy for county park capital projects for county parks and recreational
facilities, it may not again be levied without a majority vote of the qualified electors at a later
regular election on the question of relevying the tax, which question may be submitted upon
petition as above provided or by decision of the governing board. The levy for county park
capital projects for county parks and recreational facilities does not apply to any property
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located in a city in which park district taxes are levied, unless the governing body of the city in
which the property is located consents, by resolution, to the levy.
(Effective for taxable years beginning after December 31, 2015) County parks and
recreation areas funding and county parks and recreation areas capital projects levy by
board of county commissioners - Financial reports. At the time of levying county general
fund taxes for other county purposes, the board of county commissioners shall consider the
budget statement and levy request of the board of county park commissioners and may fund
from revenues derived from county general fund levy authority an amount to pay the actual
necessary expenses of the county park and recreational areas and activities program of the
board of county park commissioners, including repair and operation of the park and recreational
areas and their facilities under its control and those recreational activities of benefit to the
general populace of the county which are under the control of a city or a city park district within
the county. In the year for which the levy in sought, a board of county park commissioners
seeking approval of a property tax levy under this chapter must file with the county auditor, at a
time and in a format prescribed by the county auditor, a financial report for the preceding
calendar year showing the ending balances of each fund held by the board of county park
commissioners during that year. The county auditor shall credit the funding authorized by the
board of county commissioners to the separate fund of the board of county park commissioners.
This levy shall not apply to cities that already have a park levy unless the governing body of the
city by resolution consents to the levy.
The board of county commissioners shall consider the certificate and budget statement of
the board of county park commissioners and may levy taxes annually as provided in section
57-15-06.6 for county park capital projects; acquiring real estate as a site for public parks; and
construction, equipping, and maintaining structural and mechanical components of parks and
recreational facilities. The question of whether the levy for county park capital projects for
county parks and recreational facilities is to be discontinued must be submitted to the qualified
electors at the next regular election upon petition of twenty-five percent of the qualified electors
voting in the last regular county election, if the petition is filed not less than sixty days before the
election. A levy may not be discontinued or reduced if it is dedicated to the payment of bonds
issued pursuant to subsection 6 of section 21-03-07. If the majority of the qualified electors vote
to discontinue the levy for county park capital projects for county parks and recreational
facilities, it may not again be levied without a majority vote of the qualified electors at a later
regular election on the question of relevying the tax, which question may be submitted upon
petition as above provided or by decision of the governing board. The levy for county park
capital projects for county parks and recreational facilities does not apply to any property
located in a city in which park district taxes are levied, unless the governing body of the city in
which the property is located consents, by resolution, to the levy.
11-28-07. Auditing and payment of bills.
All bills incurred by the board of county park commissioners shall be audited and
recommended for payment by said board and shall be certified to the county auditor who shall
present them for audit and allowance by the board of county commissioners in the same
manner as other bills of the county are audited and allowed. Upon the allowance of such bills,
they shall be paid out of the funds standing to the credit of the board of county park
commissioners, from whatever source received, in the same manner in which other county
obligations are usually paid.
11-28-08. Publication of rules, regulations, and proceedings.
All rules and regulations governing the use of county parks and recreational areas under the
jurisdiction, supervision, control, and management of the board of county park commissioners
and all proceedings of said board shall be published in the same manner as the proceedings of
the board of county commissioners.
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11-28-09. Violation of any rule or regulation - Penalty - Injunction.
Violation of any rule or regulation of the board of county park commissioners shall be an
infraction, and in addition, the board of county park commissioners shall have remedy by
injunction to enjoin the operation or maintenance of any establishment, concession, or activity
prohibited by the rules and regulations of the board.
11-28-10. Police and sheriff to enforce chapter.
It is the duty of all police, the sheriff, and other peace officers to enforce this chapter and of
the rules of the board of county park commissioners within their respective jurisdictions.
11-28-11. Declaration of power - Saving clause.
It is the purpose of sections 11-28-01 through 11-28-11, among other things, to ensure to
the people of the state that the bodies of water, parks, and recreational areas created by public
agencies in whole or in part with public funds for the use and enjoyment of the public shall not
be made the source of private gain through means inconsistent with the best social uses of the
same, and to that end the above-named sections shall be liberally construed. The provisions of
sections 11-28-01 through 11-28-11 relating to the manner in which these objectives are to be
accomplished do not form an inducement for its enactment. The powers herein granted to the
board over private lands shall extend only so far as not prohibited by the state or federal
constitutions. Should any word, sentence, paragraph, or section hereof be held to be
unconstitutional, or should the exercise of any of the powers herein granted be in any particular
circumstances in violation of either the state or federal constitution, the remaining provisions
would have been enacted even though such provisions had been eliminated, hence invalidity of
any part of sections 11-28-01 through 11-28-11 shall not affect the remainder of these sections,
but the same shall continue to be in full force and effect as to all other provisions and all other
circumstances within the limits of the constitution.
11-28-12. Joint county park district.
Repealed by S.L. 2015, ch. 439, § 104.
11-28-13. Compensation - Vacancy - Meetings.
Repealed by S.L. 2015, ch. 439, § 104.
11-28-14. Secretary and treasurer.
Repealed by S.L. 2015, ch. 439, § 104.
11-28-15. Organization - Quorum.
Repealed by S.L. 2015, ch. 439, § 104.
11-28-16. Powers and duties of board.
Repealed by S.L. 2015, ch. 439, § 104.
11-28-17. District budget - Tax levy - Election.
Repealed by S.L. 2015, ch. 439, § 104.
11-28-18. Auditing and payment of bills.
Repealed by S.L. 2015, ch. 439, § 104.
11-28-19. Publication of rules and proceedings.
Repealed by S.L. 2015, ch. 439, § 104.
11-28-20. Violation of rules - Penalty.
Repealed by S.L. 2015, ch. 439, § 104.
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11-28-21. Police officers to enforce provisions.
Repealed by S.L. 2015, ch. 439, § 104.
11-28-22. Declaration of power.
Repealed by S.L. 2015, ch. 439, § 104.
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