Kentucky Revised Statutes

Ky. Rev. Stat. § 97.010 (2026)

City and county recreation facilities

✓ current as of May 2026
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(1) The acquisition, development, maintenance and operation of parks, playgrounds and recreation centers, which may include but is not limited to zoos and museums, is a proper municipal purpose for all cities and counties. The legislative body of any city or the fiscal court of any county may dedicate for use as parks, playgrounds and recreation centers any lands or buildings owned or leased by the city or county and not devoted to an inconsistent public use and may acquire real property for such purpose by purchases, lease, condemnation or otherwise, at any place reasonably accessible to the inhabitants of the city or county and either within or without the boundaries of the city or the county. (2) Any two (2) or more cities, or any city and county, may jointly establish, maintain and conduct a park and recreation system. Any school district may join with any city or county in providing and conducting public parks, playgrounds and recreation centers. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 382, sec. 1, effective June 17, 1978. -- Amended 1958 Ky. Acts ch. 124, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 3909a-1, 3989a-4.

Notes of Decisions
Cited in 7 cases, 1944–2003 · leading case: Schwindel v. Meade Cnty., 113 S.W.3d 159 (Ky. 2003).
Schwindel v. Meade Cnty., 113 S.W.3d 159 (Ky. 2003). “, it can be sued for damages for the tortious performance of a proprietary function but not a governmental function.”
Dodge v. Jefferson Cnty. Bd. of Educ., 181 S.W.2d 406 (Ky. Ct. App. 1944). · cites it 2× “Section 97.010 provides for the acquisition of suitable properties, and by subsection 2 provided that any school district may join either with a city or county in “providing and conducting public playgrounds and recreational centers.”
Kenton Cnty. Pub. Parks Corp. v. Modlin, 901 S.W.2d 876 (Ky. Ct. App. 1995). “Kenton County PPC was not created pursuant to specific statutory authority as was the Kentucky Center for the Arts in the Bems ease.”
Embry v. City of Caneyville, 397 S.W.2d 141 (Ky. Ct. App. 1965). · cites it 4× “Appellee maintains that KRS 97.010(1) plainly enables it to establish this type of facility either inside or outside its city limits.”
Sawyer v. Jefferson Cnty. Fiscal Court, 392 S.W.2d 83 (Ky. Ct. App. 1965). · cites it 4× “KRS 97.010 (1). The Board also is empowered to join with the County in furnishing recreational services.”
Wilson v. Graves Cnty. Bd. of Educ., 210 S.W.2d 350 (Ky. Ct. App. 1948). · cites it 2× “See KRS 97.010. And this court has held that a cooperative effort between a county school board and a county fiscal court for establishment of a recreation center within the latitude of that statute is of itself an educational undertaking.”
O'Bryan v. City of Louisville, 382 S.W.2d 386 (Ky. Ct. App. 1964). · cites it 2× “Although there is no statute specifically authorizing zoo operation, it appears clear that KRS 97.010(1) affords ample statutory basis for the activity.”
— Ky. Rev. Stat. § 97.010(1) — 3 cases
Embry v. City of Caneyville, 397 S.W.2d 141 (Ky. Ct. App. 1965). “Appellee maintains that KRS 97.010(1) plainly enables it to establish this type of facility either inside or outside its city limits.”
O'Bryan v. City of Louisville, 382 S.W.2d 386 (Ky. Ct. App. 1964). “Although there is no statute specifically authorizing zoo operation, it appears clear that KRS 97.010(1) affords ample statutory basis for the activity.”
Sawyer v. Jefferson Cnty. Fiscal Court, 392 S.W.2d 83 (Ky. Ct. App. 1965). “KRS 97.010 (1). The Board also is empowered to join with the County in furnishing recreational services.”
— Ky. Rev. Stat. § 97.010(2) — 1 case
Schwindel v. Meade Cnty., 113 S.W.3d 159 (Ky. 2003). “, it can be sued for damages for the tortious performance of a proprietary function but not a governmental function.”
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