Massachusetts General Laws

Mass. Gen. Laws ch. 45, § 5 (2026)

Powers and duties of boards of park commissioners

✓ current as of July 2026

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Section 5. Such boards may lay out and improve public parks, make rules for their use and government, appoint all necessary engineers, surveyors, clerks and other officers, including a police force to act in such parks, define their powers and duties and fix their compensation and do all acts needful for the proper execution of their powers and duties. They shall have the authority given to the mayor, aldermen, selectmen, road commissioners and tree warden respectively by section seven of chapter eighty-four and by chapter eighty-seven, in places under their jurisdiction. Subject to appropriation, such boards shall also have the power to conduct park programs and recreation activities at places other than such public parks.

Notes of Decisions

Cited in 6 cases, 1979–2009 · leading case: Am. Motorcyclist Ass'n v. PARK COMM. OF BROCKTON, 592 N.E.2d 1314 (Mass. 1992).

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Am. Motorcyclist Ass'n v. PARK COMM. OF BROCKTON, 592 N.E.2d 1314 (Mass. 1992). · cites it 4× “The plaintiffs argue that the regulation is inconsistent with a statutory right to operate a motor vehicle on the ways of the Commonwealth.”

Bd. of Pub. Works v. Bd. of Selectmen, 387 N.E.2d 146 (Mass. 1979). “164, § 55), park commissioners (G. L. c. 45, § 5), and tree warden (G. L.”

Am. Motorcyclist Ass'n v. Park Comm'n of Brockton, 575 N.E.2d 754 (Mass. App. Ct. 1991). “G. L. c. 45, § 5. Under this grant of authority, we hold, park commissioners are permitted to adopt regulations, such as the one under scrutiny here.”

Codex Corp. v. Metro. Dist. Comm'n, 392 Mass. 245 (Mass. 1984). “45, § 4, lay out, improve, and regulate public parks, G. L. c. 45, § 5, control military exercises in the parks, G.”

Sisson v. Apbert, 25 Mass. L. Rptr. 459 (Mass. Super. Ct. 2009). “G.L.c. 45, §5, G.L.c. 41, §§19, 39A. There is no such grant of authority for highway supervisors.”

Metcalf & Eddy, Inc. v. City of Lynn, 474 N.E.2d 196 (Mass. App. Ct. 1985). “We do not see in G. L. c. 45, § 5, as in effect when the contracts were signed and as amended by St.”

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