City of Middletown, NY Article X Portable Game Equipment and Ball Games in Public Rights-of-Way

[Adopted 11-15-2011 by L.L. No. 2-2011]

§ 416-41 Portable game equipment in public right-of-way prohibited.

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").

§ 416-42 Notice to remove.

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.

§ 416-43 Ball games in the public right-of-way prohibited.

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.

§ 416-44 Penalties for offenses.

A. Any person, entity or corporation violating any of the provisions of this article shall be guilty of an offense and, upon conviction thereof, shall be punished by a fine not exceeding $250 for each offense or by imprisonment for not more than 15 days, or by both such fine and imprisonment.

B. In addition to or in place of the penalties provided above, any person, entity or corporation violating this article shall be liable to the City for a civil penalty in the amount of $100 for each offense in order to reimburse the City's actual costs in removing and storing any basketball hoop or any other game equipment.

C. Each successive day in which a violation of this article continues shall constitute a separate offense for which a separate penalty shall be payable and/or a separate punishment may be imposed.

D. The Common Council of the City may also maintain an action or proceeding in the name of the City in a Court of competent jurisdiction to compel compliance with or to restrain, by injunction, a violation of this article.