It is the goal and purpose of this chapter to prevent individuals from
storing recreation equipment in, on or above right-of-way within the municipality,
whether that right-of-way is part of a municipal, county or state controlled
road. This chapter will allow cost-effective and simple enforcement against
such storage, where previously there was no venue to ensure such enforcement
without resort to Superior Court for general enforcement of right-of-way principles,
a costly and burdensome process.
For the purpose of this chapter, the following terms are defined:
INDIVIDUAL
A person aged 18 years or older, a corporation or other entity similar
entity. For the purposes of this chapter, a parent or guardian shall be responsible
for the actions of their child. It shall be no defense that the recreation
equipment is not owned by the parent or guardian, but by the child.
RECREATIONAL EQUIPMENT
Basketball backboards, hockey nets, bicycle ramps, skateboard ramps
and any similar type of equipment designed for or used for recreation.
STORE
Placement while not in use. Further, recreational equipment placed
in, on or above the right-of-way for a period in excess of 24 hours.
It shall be unlawful for an individual to store recreational equipment
in, on or above right-of-way within the Township. This prohibition is intended
to extend to basketball backboards, where the base of the backboard is placed
outside of the right-of-way, but a portion of the structure extends into area
above the right-of-way.
Nothing in this section is intended to permit the use of recreational
equipment within the right-of-way in the Township, as it is specifically recognized
that right-of-way is intended for vehicular passage. Any individual that undertakes
such use, or permits their minor to undertake such use, is solely responsible.
Every individual convicted of a violation of this chapter or any supplement thereto shall be punishable as provided in Chapter
1, General Provisions, Article
II, General Penalty.