This section is intended to promote the health, safety, and
welfare of Town residents, Town personnel and equipment, motorists,
and pedestrians who are in the public right-of-way and public sidewalks
by prohibiting the placement of portable or permanent basketball hoops,
play equipment, and/or sports equipment on public sidewalks and public
rights-of-way. This section is not intended to regulate the placement
or use of such equipment on private property.
For the purpose of this article, the following terms mean:
BASKETBALL HOOP
A backboard, hoop with or without a net, or supporting apparatus
designed or intended to be used to play basketball.
PUBLIC RIGHT-OF-WAY
A paved or unpaved highway, street or road, including lawn
extensions and the portion of a driveway on public property, maintained
by the Town of Blooming Grove for the use by the public.
PUBLIC SIDEWALK
A paved area between the curblines or the lateral sides of
the roadway and the adjacent property lines intended for the use of
pedestrians.
ROADWAY RIGHT-OF-WAY
The area located between the roadway and/or curbing and the
private property line.
STREET
The entire width between the boundary lines of every publicly
maintained way or road that is open to the public for use or vehicular
travel.
SUPPORTING APPARATUS
A post, pole or similar object that is either:
A.
Attached to a moveable support base and is designed or intended
to support a basketball hoop with or without a net; or
B.
Affixed to the ground and is designed or intended to support
a basketball hoop with or without a net.
It is unlawful to set out, install or maintain, or to allow
the setting of, installation, or maintenance of, any sports or play
equipment, supporting apparatus, basketball hoops, or other obstructions
on or along any sidewalk, pedestrian pathway, public right-of-way
or easement, or street right-of-way on any sidewalk, or within the
street. The permanent installation of sports and/or play equipment,
supporting apparatus, and basketball hoops in street or public rights-of-way
or easement is strictly prohibit.
Any enforcement officer or department (including the Town Highway
Superintendent) of the Town, and/or enforcement officer serving the
Town, will without delay report the removal and the disposition of
any sports/play equipment, supporting apparatus, basketball hoops
(portable or fixed) removed as provided in this article to the Town
Clerk and the Town Supervisor's office announcing, in writing,
the date, location equipment was removed from, time of the removal,
and where the equipment is safely and securely stored on behalf of
the Town, and it will be the duty of such Town Clerk to ascertain
to the extent possible the owner of the removed equipment or person
having same in charge and notify them of the removal and disposition
of such equipment and of the amount which will be required to redeem
same. The removal and storage charge to be levied will be determined
by the Town Board and so posted on the Town's Schedule of Fees
and/or by Town Board resolution.