Chap. 264.—An ACT to provide for public playgrounds in certain cities and
towns.

Approved March 16, 1910.

1. Be it enacted by the general assembly of Virginia, That every city
and town in the Commonwealth having a population of ten thousand or
more, accepting the provisions of this act, shall, after the first day of July
in the year nineteen hundred and eleven, provide and maintain at least
one public playground conveniently located and of suitable size and equip-
ment for each race, white and colored, for the recreation and physical
education of the minors of such city or town, and at least one other play-
ground for each race, white and colored, for every additional twenty
thousand of its population.

2. In all such cities and towns having a population of ten thousand 01
more, the mayor of such city shall, in his discretion, appoint three fit
and suitable persons, citizens and residents of such city, who shall be
confirmed by the common council, or other governing body of such city
as commissioners of playgrounds, and who shall constitute and be knowr
as the board of playground commissioners of such city. The commis
gioners first appointed under this act in any city shall hold office fo.
the term of one, two and three years, respectively, as fixed and desig
nated by the mayor in their respective appointments, and after the firs
appointments such commissioners shall be appointed for the full term
of three years; vacancies shall be filled for the unexpired term only.
They shall not receive any salary or other compensation for their ser-
vices.

3. It shall be the duty of such board, from time to time, to select in
different parts and sections of the city for which they are appointed,
lands for public playgrounds and recreation places, of such size and
dimensions as they shall think suitable, regard being had to the popula-
tion of the neighborhood, and to cause surveys and maps to be made
thereof, together with a careful estimate, as nearly accurate as may be,
of the probable cost of acquiring said lands, if it is proposed to purchase
or condemn the same, and a statement of the annual rental and duration
of term, if it is proposed to lease the same, together with an estimate of
the cost of preparing said lands, and of suitably equipping the same, by
the erection of buildings, stands, seats and other structures and apparatus,
for playgrounds and recreation places, which surveys, maps and estimates
shall be submitted to the common council or other body of such city
having control of the finances, with a request that an appropriation be
made for the purpose of acquiring or leasing said lands and preparing
and suitably equipping the same. If the common council or other body of
such city, by resolution, authorize the acquisition of the said lands and
appropriate a sum for the purchase and equipment thereof, the said
board shall proceed to acquire said lands by purchase or condemnation,
or lease the same, as the case may be, and suitably to prepare and equip
the same for a playground and recreation place. If the land is con-
demned and the award exceeds the amount appropriated for its acquisi-
tion the commissioners shall immediately submit the award to the com-
mon council or body having control of the finances, and unless they ap-
prove the same, shall within twenty days from the filing of the report of
the commissioners abandon the condemnation proceedings. In case of
condemnation preceedings, either party thereto shall have the rights to
appeal from the award of the commissioners. The title to all lands so
purchased or taken shall vest in the city, and all leases of lands for the
purpose of this act shall be in the name of the city.

4, The board of playground commissioners shall have full control]
over all lands, playgrounds and recreation places acquired or leased under
the provisions of this act subject to the consent and approval of the city
council or governing body of such city, and may adopt suitable rules,
regulations and by-laws for the use thereof, and the conduct of all per-
sons while on or using the same; and any person or person who shall
violate any of such rules, regulations or by-laws shall be deemed and ad-
judged to be a disorderly person. The custodians and assistants ap-
pointed by the board shall, while on duty and for the purpose of pre-
serving order and the observance of the rules, regulations and by-laws
of the board, have all the powers and authority of police officers of the
respective cities in and for which they are severally appointed. The said
board may appoint a secretary or clerk and such number of custodians
and assistants for the several playgrounds and recreation places as they
shall think necessary, but the salaries of all such officers, custodians and
assistants shall be fixed and determined by the common council or other
body having control of the finances of the city.
5. The common council or body having control of the finances of
each city having such playgrounds shall annually fix, determine and
appropriate a sum sufficient for the care, custody, policing and mainte-
nance of such playgrounds and recreation places, and for the expenses
of the several boards of commissioners, which sum shall be raised by
taxation as other taxes are raised in such city. The common council or
other body having control of the finances shall provide a suitable office
or offices for said board of commissioners of playgrounds.

6. The sum or sums of money necessary to pay for lands purchased
or condemned for such playgrounds and recreation places and for pre-
paring and equipping the same from time to time may be raised and
provided by the common council or body having control of the finances
by general taxation as other taxes are raised and levied, or by the issue
of temporary loan bonds or by the issue of temporary bonds of the par-
ticular city. If permanent bonds are issued they shall be for not less
than thirty nor more than fifty years, shall bear interest not exceeding
four per centum per annum, and shall be sold at not less than their par
value. If permanent bonds are issued there shall be raised each year by
general taxation by the city issuing the same, as other taxes are raised and
levied, a sum sufficient to pay the annual interest and also a sum for a
sinking fund for such bonds sufficient to meet, pay and retire the same
at maturity. If temporary loan bonds are issued, they shall be so issued
that at least one-fifth thereof shall be due and payable each year, and
there shall be raised each year by genera! taxation a sum sufficient to pay
and retire the temporary loan bonds falling due that year. The annual
appropriation made by the city council for the purpose of establishing
and maintaining playgrounds shall be placed with the city treasurer to
the credit of the said playground commissioners in the name of the play-
ground commissioners’ account; and further, all disbursements made in
behalf of said playgrounds of whatever description shall be payable by
voucher of said commission drawn on the city treasurer and by him
when paid charged to said playground commissioners’ account. An an-
nual report of the playground commission shall be made to the mayor
and council by February first each calendar year.

”. Each section of this act and every part of each section are hereby
declared to be independent sections and parts of sections, and the holding
of any section or part thereof to be void, ineffective or unconstitutional
for any cause shall not affect any other section or part thereof.