The governing body of such municipality or county may dedicate and set apart for use as playgrounds, recreation centers, zoos and other recreation purposes, any lands or buildings, or both, owned or leased by such municipality or county, and not dedicated or devoted to another or inconsistent public use; and authorized or provided by law for the acquisition of lands or buildings for public purposes by such municipality or county, acquire or lease lands or buildings, or both, within or beyond the constituted limits of such municipality or county, for playgrounds, recreation centers, zoos and other public recreational purposes, and when the governing body of the city, town or county, so dedicates, sets apart, acquires or leases lands or buildings for such purposes, it may provide for their conduct, equipment and maintenance according to the provisions of this act [5-4-1 to 5-4-9 NMSA 1978], by making an appropriation from the general municipality or county funds.
History: 1941 Comp., § 71-1002, enacted by Laws 1945, ch. 67, § 2; 1953 Comp., § 6-4-2; Laws 1963, ch. 53, § 1.
Horse race not recreational purpose. — Although persons may attend a horse race as a source of recreation, a horse race is not ordinarily attended for that primary purpose and does not normally constitute such an activity. It is not the same type of activity as is contemplated by the terms playground, zoo and recreational center and is not, therefore, a recreational purpose within the meaning of this section. 1967 Op. Att'y Gen. No. 67-136.
Neither is library. — A library, being a place of study, of storing books and of recreational reading is not a "place of recreation". 1967 Op. Att'y Gen. No. 67-136.
Purchase of stock in corporation conducting recreational facility is not within the provisions of this section. 1967 Op. Att'y Gen. No. 67-136.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 500; 59 Am. Jur. 2d Parks, Squares, and Playgrounds § 7.
Maintenance of auditorium, community recreational center, building or the like by municipal corporation as governmental or proprietary function for purposes of tort liability, 47 A.L.R.2d 544.
Power of municipal corporation to exchange its real property, 60 A.L.R.2d 220.
20 C.J.S. Counties § 147; 64 C.J.S. Municipal Corporations § 1557.
Structure New Mexico Statutes
Chapter 5 - Municipalities and Counties
Article 4 - Playgrounds and Recreational Equipment
Section 5-4-1 - [Governmental unit subject to act.]
Section 5-4-2 - Dedication of lands and buildings as playgrounds and recreation centers.
Section 5-4-3 - Establishing system of supervised recreation; powers of managing boards.
Section 5-4-4 - [Petition for establishment of a supervised recreational system; election.]
Section 5-4-5 - Establishment of joint recreational systems.
Section 5-4-6 - Acceptance of grants and donations by supervisory boards; limitation.
Section 5-4-7 - [Disposition of funds received by gift or bequest.]
Section 5-4-8 - Power to issue bonds.
Section 5-4-10 - Revenue bonds.
Section 5-4-11 - Revenue bonds; refunding authorization; escrow; detail.
Section 5-4-12 - Terms of bonds.
Section 5-4-13 - Ordinance or resolution issuing bonds; validation.
Section 5-4-14 - Retirement of bonds only from cigarette tax proceeds; tax levy irrevocable.
Section 5-4-15 - Proceeds not to be divested [diverted]; exclusions of this act.
Section 5-4-16 - School districts; community recreational facilities.