[Adopted 5-7-2018 by L.L. No. 4-2018]
As used in this article, the following terms shall have the indicated meaning:
ADJACENT PROPERTY
The area of property located between the paved portion of any public right-of-way and the property line of any adjoining property, whether in private or public ownership, or adjacent to and within 15 feet of the boundary of any public right-of-way or sidewalk.
PUBLIC PLACE
Any property open to public use which is not part of a public street or highway.
PUBLIC STREET OR HIGHWAY
Any property (including a sidewalk) constituting part of a public right-of-way, whether paved or unpaved, or used or open to use by the public for vehicular, bicycle or pedestrian traffic or passage, including adjacent property.
RECREATIONAL EQUIPMENT
Equipment or materials designed and intended to be used for play, which is either portable or attached to a moveable support base, including a portable basketball hoop, or other sports equipment, net, base or frame.
A. 
No person may place or maintain, or cause or suffer to be placed or maintained, any equipment or materials designed and intended to be used for play in or upon, or over, any public place (other than a public street or highway) without the express written permission of each Village department having jurisdiction over such public place.
B. 
No equipment or materials designed or intended to be used for play may be permanently affixed or installed in or upon, or over, any public street or highway, sidewalk, or adjacent property.
C. 
No person may place or maintain, or cause or suffer to be placed or maintained, any recreational equipment in or upon, or over, any public street or highway, sidewalk or adjacent property, except as authorized pursuant to this section.
(1) 
No recreational equipment may be used or located in or upon, or over, any street or highway having more than two lanes for vehicular travel.
(2) 
No recreational equipment may be located within five feet of any manhole, catch basin, traffic sign, fire hydrant, light pole, mailbox, ground electrical transformer, telephone or other communication ground equipment or installation.
(3) 
Recreational equipment shall be located in a manner which does not impede the safe lawful passage of motor vehicles, bicycles, or pedestrians or the lawful parking of motor vehicles.
(4) 
All persons using recreational equipment in, upon or over a public street or highway, or on adjacent property, shall yield to the lawful passage of motor vehicles, bicycles or pedestrians, including the removal or relocation of such equipment to permit such passage.
(5) 
No recreational equipment may be located in, upon or over a public street or highway when such equipment is not in active use. No recreational equipment may be located or stored in, upon or over an adjacent property when such equipment is not in active use, unless such equipment is in an upright position and in a location where it will not unreasonably obstruct or interfere with lawful passage of vehicles or pedestrians.
(6) 
All recreational equipment shall be maintained in good repair and in a clean and serviceable condition at all times when located on or over a public street or highway, or adjacent property.
(7) 
All recreational equipment in active use shall be attended by one or more persons responsible for such equipment.
(8) 
All persons using recreational equipment shall move or remove the same at the request of any Village official or employee in a manner, and for a period of time, reasonably required to accommodate cleaning, maintenance, construction, snow removal or regulation of traffic upon such public street or highway or adjacent property.
A. 
The Village shall not be subject to any claim, nor be liable for any injury, loss or damage to person or property which results from the use or placement of recreational equipment in or upon any public street or highway, whether in compliance with this article or otherwise, unless the Village has received prior written notice of any cause or condition in the same manner as provided for any claim arising out of the use, maintenance, or design of any public sidewalk, street or highway.
B. 
Any person who places or maintains any recreational equipment, or causes or suffers such equipment to be placed or maintained, in, upon or over any public street, highway, sidewalk, or public place, whether in compliance with this article or otherwise, shall be liable for, and shall indemnify and hold harmless the Village, its officers, agents and employees from and against, any and all claims, liability and expenses (including reasonable attorneys' fees) for or related to any injury to person or property caused or arising out of the use, maintenance, or placement of any recreational equipment on any street, highway, sidewalk or public place.
C. 
The Village shall not be subject to any claim, nor be liable, for any injury, loss or damage to recreational equipment which is placed, located or maintained in, upon or over any public place or street, or adjacent property, in violation of this article.
Any person who shall be found to have performed or caused to be performed any act in violation of this article shall be guilty of a violation, and shall be subject to punishment as provided in this Code.