[Adopted 5-7-2018 by L.L.
No. 4-2018]
As used in this article, the following terms shall have the
indicated meaning:
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.
Any property open to public use which is not part of a 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.
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.
