Q May a county operate a water park?

A Yes, the county may establish and operate recreational parks and may charge fees for its use and/or sell concessions to generate funds to pay the operational costs of such. Section 55-9-1 gives counties and municipalities the authority to construct, equip, maintain, and operate recreational centers and parks located on land owned by counties, municipalities, or the state, or lands leased to counties or municipalities. Section 17-1-3 grants the board of supervisors the authority to create public parks and the right to apply public money thereto. Implicit in the authority to create a recreational park is the power to enact or establish reasonable rules and regulations governing the use of the park. The rules and regulations, including the setting of fees, must be promulgated in the interests of protecting the public safety and welfare and applied uniformly to all citizens wishing to use the public park. (Attorney Generalís Opinion to Brown, January 20, 2017)