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.
SPORTS AND/OR PLAY EQUIPMENT
Any fixed or portable equipment required to play an individual sport or athletic game.
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.
A. 
Sports and/or play equipment and basketball hoops (portable or fixed) located on a street/public right-of-way, Town easement, or public sidewalk in violation of this article may be removed by the Town or a Building Inspector/Code Enforcement Officer or a law enforcement officer, with or without prior notice.
B. 
Any sports and/or play equipment and basketball hoops (portable or fixed) located on a street or highway and/or Town street/highway right-of-way that obstructs the free flow of traffic and/or creates a clear and present danger may be removed with or without prior notice at any time by any enforcement officer for the Town and/or the Town Highway Superintendent.
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.
A. 
Any person who shall violate any of the terms of this provision shall, upon conviction and/or plea thereof, forfeit said equipment and pay a fine of not less than $50 for the first offense and not more than $200 for each subsequent offense. A separate offense shall be deemed committed on each day during or on which a violation occurs and/or continues.
B. 
Any person who shall violate any of the terms of this provision shall be liable for any and all damages caused by setting out, installing or maintaining, or to allow to be set out, installed, or maintained, any sports and/or play equipment and basketball hoops (portable or fixed) or other obstructions on or along any sidewalk, pedestrian pathway, public right-of-way, and/or street right-of-way on any sidewalk, or within the street.