As used in this article, the following terms shall have the
meanings indicated:
EQUIPMENT and APPARATUS
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.
No equipment or apparatus shall be placed by any person in a
public street or right-of-way or on private property within 15 feet
of any public street or right-of-way such that the use of the equipment
or apparatus would tend to require any user to be in a public street
or right-of-way.
The owner, occupant or tenant of the private property on which
the equipment or apparatus is situated, or if the equipment or apparatus
is in a public street or right-of-way, those who control the property
closest to the equipment or apparatus shall be responsible for the
removal of any such equipment or apparatus from the public street
or right-of-way.
Should such equipment or apparatus described herein not be removed from the public street, right-of-way or private property, the same shall be removed under the direction of the Supervisor of the Department of Public Works. Said removal may take place after 48 hours notice has been given to the person described in §
266-7. Such equipment shall be retrieved from the supervisor of the Department of Public Works by its owner within a period of 120 days. Any such equipment not retrieved by its owner upon the expiration of the one-hundred-twenty-day period shall be sold at public auction and the proceeds shall become property of the Town of Newton.
The supervisor of the Department of Public Works shall only
release removed equipment after proof that the penalty for any violation
issued by the court has been satisfied.