[Adopted 10-25-2006 by Ord. No. 2006-40]
As used in this article, the following terms
shall have the meanings indicated:
Any item or items, whether permanent or mobile, that require
for their use the congregation of one or more persons in and about
the immediate area of the item or items. This definition is intended
to include but is not limited to basketball hoops and hockey goals,
skateboard ramps, street hockey nets, tetherball poles, or other equipment
that encroaches into the public right-of-way in residential neighborhoods.
No equipment or apparatus shall be placed by
any person in a public right-of-way nor shall any persons congregate
in any public right-of-way such that the use of the equipment or apparatus
would tend to require any user to be in and about the public right-of-way.
A.
Any person violating the above provision shall be
subject to a warning for the first violation, a fine of $100 for the
second violation, and a fine of not to exceed $250 for each subsequent
offense.
B.
There shall be a presumption that the person or persons
who have violated this provision are those who control the private
property on which the equipment or apparatus is situated, or if the
equipment or apparatus is in a public right-of-way, those who control
the private property closest to the equipment or apparatus.
