[HISTORY: Adopted by the Township Council of the Township of Stafford 3-7-1995 by Ord. No. 95-28. Amendments noted where applicable.]
The short title of this chapter shall be the "Basketball Hoop Ordinance," and this chapter shall hereinafter be cited and referred to, for the purposes of amendment or otherwise, by said title.
The Township of Stafford defines and declares that the purpose of this chapter is to protect and preserve the safety and welfare of its residents, including the children, by prohibiting the construction or placement of basketball hoops or basketball hoop structures, as defined herein, on roadways that are deemed to be dangerous in an effort to promote the safe playing of basketball within the Township of Stafford.
The voters of the Township, by majority vote on a referendum question placed on the November 8, 1994, ballot, decided to regulate, rather than ban, the placement of basketball poles and backboards and the use of municipal streets for basketball games where there is a demonstrated safety factor which would require such restriction. This chapter reflects the spirit and intent of the referendum. Based upon the outcome of the referendum vote, all existing and future basketball structures must comply with the provisions of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
- A game that requires a person or persons to juggle or bounce a ball with the ultimate goal being to throw a ball through a basketball hoop or basketball hoop structure.
- BASKETBALL HOOP or BASKETBALL HOOP STRUCTURE
- Any pole or structure, whether permanent or temporary, upon which a backboard and hoop is attached.
The Township shall not allow or cause to allow the construction or placement of any basketball hoop or basketball hoop structure on any roadway that, by its nature or design, is dangerous or hazardous to the safety of playing basketball. Such roadways shall include but shall not be limited to high-volume traffic areas, roadways with curves or bends, or areas in close proximity to high-powered utility lines as designated by the Township Engineer and the Township Traffic Safety Officer. Said roadways are set forth in Schedule A attached to and made a part of this chapter.
The playing of basketball in any right-of-way within the Township of Stafford, or along any roadway within the Township, shall be prohibited 30 minutes after sunset, but not before 9:00 p.m., and before 9:00 a.m. Monday through Friday or 9:00 a.m. on Saturdays and Sundays.
In no event shall any basketball hoop structure, basketball hoop, basketball backboard or any individual player cause the obstruction of traffic. At all times the playing of basketball shall not impede the flow of traffic.
In no event shall the playing of basketball violate any of the provisions of Chapter 142, entitled "Noise."
All basketball hoop structures must be issued a zoning permit from the Zoning Officer prior to construction. The zoning permit must be applied for and obtained by the property owner whose property the basketball hoop structure will abut. The zoning permit fee shall be waived for all basketball structures.
The placement of the pole of the basketball hoop structure must comply with the prevailing minimum rear and side yard accessory setbacks for the zone in which it shall be placed. The provisions of this section shall not apply to or affect all existing basketball structures as of the effective date of this chapter.
All basketball hoop structures shall be located outside of sight triangles of all public roads.
Any and all basketball hoop structures must comply with the provisions of this chapter and otherwise be deemed to be a safe structure by the Zoning Officer, or said structure shall be ordered to be removed by the Zoning Officer.
No unauthorized person shall paint, mark or draw on and/or to the municipal street. Specifically excluded are chalk markings.
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $1,000, by imprisonment for a term not to exceed 90 days or by community service of not more than 90 days, or any combination of fine, imprisonment and community service as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
The violation of any provision of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
[Amended 9-3-1996 by Ord. No. 96-54]