[HISTORY: Adopted by the Mayor and Council of the Borough
of Somerdale 6-8-2009 by Ord. No. 2006:09. Amendments noted
where applicable.]
Any person wishing to erect a portable basketball net on any
Borough right-of-way must first make application with the Borough
Clerk. The application fee shall be $1, and the permit shall be valid
for one calendar year.
Permit applications shall be reviewed within 48 hours by the
Somerdale Police Department. In the event of no previous history of
creating a neighborhood nuisance, and the relative safe placement
of the portable basketball net, the Chief of Police shall approve
the permit.
No person shall erect or use a portable basketball net between
dusk and 10:00 a.m. "Dusk" shall be determined to be the time a properly
operating streetlight illuminates. Portable basketball nets shall
not be stored in the front yard area of the property. "Front yard"
shall mean the area between the street and the front edge of the home
or building. Failure to properly store a portable basketball net shall
be a fine of no less than $10 nor more than $100, plus court costs.
The property owner shall first receive a warning for not properly
storing a portable basketball net. If a portable basketball net remains
erected on a Borough right-of-way during the prohibited time frame,
then such portable basketball net shall also be subject to impoundment
and forfeiture, in addition to any other penalties.
The erection and activities associated with a portable basketball
net shall no way deteriorate the quality of life of the neighbors
or neighborhood. Prohibited activity shall include interfering with
traffic, damage to any property, contact with other person's
property, trespassing, unnecessary noise or foul language.
If at any time the quality of life is negatively affected or
the prohibited activity continues, then such permit previously approved
shall be immediately revoked by the Chief of Police and shall not
be reissued for one year.
No person shall erect a portable basketball net without a permit.
Any person erecting a portable basketball net without a permit shall
first be warned of the violation and instructed on how to obtain a
permit. For any subsequent offense, the property owner shall be fined
$250, plus court costs, and the portable basketball net may be impounded
by any law enforcement officer and thereafter forfeited. It shall
be prima fascia evidence that the portable basketball net has been
erected by the property owner that such portable basketball net is
primarily erected in front of. Any person who has had his/her permit
revoked, the revocation of such permit.[1]
[1]
Editor's Note: So in original.
In such case where a portable basketball net has been erected
directly on a property line, law enforcement shall determine who the
portable basketball net belongs to. If both property owners refuse
ownership, then such portable basketball net shall be impounded by
law enforcement as found property.
All decisions to deny or revoke the privilege shall rest with
the Chief of Police.
Any person who has been denied a permit to erect a portable
basketball net or has had his/her privilege revoked shall have the
right to appeal this decision to the neighborhood dispute committee
within 20 days. Such appeal shall be heard in a timely manner.
