(a) A municipality has the power to operate and maintain parks and recreation facilities and to conduct recreation programs. This power includes the power to appropriate funds for these purposes.
(b) A municipality shall use one (1) and only one (1) of the following methods to operate and maintain parks and recreation facilities and to conduct recreation programs:
(1) The authority to operate and maintain parks and recreation facilities and to conduct recreation programs may be retained by the governing body of a municipality and in that case there may be a recreation advisory board or boards. If an advisory board or boards are created, they shall be so named and shall be created by ordinance. The affairs of advisory boards shall be conducted in a manner determined by the governing body of the municipality. Advisory boards shall not be responsible for the supervision of staff, the hiring or dismissal of staff, the expenditure of public funds or the promulgation or enforcement of rules and regulations governing parks and recreation facilities or programs. However, advisory boards may advise the governing body of the municipality on any of these matters and act on behalf of the governing body, on a case by case basis, if so authorized by the governing body;
(2) The authority to operate and maintain parks and recreation facilities and to conduct recreation programs may be delegated by the governing body of a municipality to a parks and recreation board as permitted by § 11-24-104(a); and
(3) The authority to operate and maintain parks and recreation facilities and to conduct recreation programs may be delegated by the governing body of a municipality to a joint board or authority as permitted by § 11-24-105.
(c) A municipality may employ a parks and recreation director and any other supervisory or maintenance staff as it deems proper. The director shall be qualified by education and experience and be of good moral character.
(d) Nothing in this section shall be interpreted as abolishing or limiting the powers or authority of local parks and recreation boards or special boards of trustees with responsibility for park properties pursuant to existing state law.
(e) Notwithstanding chapter 21 of this title, or any other law to the contrary, if by resolution or ordinance a county legislative body selects one of the methods enumerated in subsection (b) to manage county parks and recreation facilities and programs, then chapter 21 shall not apply within the county until such resolution or ordinance is superseded or repealed.
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