The placement of portable, mobile or moveable basketball hoops
and other portable game equipment (hereafter individually and collectively
described as "portable game equipment") is hereby prohibited on all
highways, roads, public streets and shoulders and rights-of-way within
the City of Middletown (hereafter also described as "public right-of-way").
In the event that portable game equipment is found on or in
the public right-of-way, the City, through its agents or employees,
may issue a notice to the owner and/or occupant of the real property
adjacent to the portable game equipment to remove the same from the
public right-of-way. In the event the portable game equipment is not
removed from the public right-of-way within 24 hours after delivery
or posting of the notice, then the Commissioner of Public Works of
the City of Middletown, or his designee, is hereby authorized to remove
such portable game equipment and to store the same at the City's Department
of Public Works garage. The owner will then have one week to claim
the portable game equipment at the City's Department of Public Works
garage. Before releasing the portable game equipment to its owner,
the City can collect storage fees and the actual cost of removing
the portable game equipment from the public right-of-way. In the event
the portable game equipment is not claimed by its owner within one
week from the date that it is removed from the public right-of-way,
then the Commissioner of Public Works is authorized to dispose of
the portable game equipment in accordance with the City's procedures
for disposing surplus property. In that event, the City may charge
storage fees and the actual cost of removing the portable game equipment
from the public right-of-way as well as the costs of such disposal.
The playing of ball games is hereby prohibited on all highways, roads, public streets and shoulders and rights-of-way within the City of Middletown. For purpose of this section and this Article
X, "ball games" is defined to include, but is not limited to, baseball, football, basketball, street hockey, soccer, lacrosse and any other game in which a ball is used.