Except as provided by this chapter or any other ordinance of the city, no person shall place, park, deposit, or leave upon any street or other public way, sidewalk, or curb any article, thing or material which in any way prevents, interrupts or obstructs the free passage of pedestrian or vehicular traffic or obstructs a driver's view of traffic control signs or signals.
(1) Portable basketball hoops are allowed, subject to the following conditions:
(a) Hoops must be placed next to curb or outer edge of the improved right-of-way in local residential streets and cul-de-sacs only, in such a manner that vehicular and pedestrian traffic is not obstructed;
(b) Persons using such hoops within the public street shall at all times yield the right-of-way to vehicular traffic as required by Oregon law;
(c) Hoops shall be removed from the public street when not in use. Hoops that are allowed next to curb or outer edge of the improved right-of-way in local residential streets and cul-de-sacs that are not in use are strongly recommended to be returned to private property; however, they are permitted to be stored on the curb as long as the hoop is not stored on the sidewalk and does not in any way prevent, interrupt or obstruct the free passage of pedestrian or vehicular traffic or obstruct a driver's view of traffic control signs or signals.
(2) City Immunity from Liability. No recourse whatsoever shall be had or available against the city, its officers, employees or agents for damage, injury or loss to any person or property arising directly or indirectly out of the negligent or otherwise wrongful use, or supervision of use of any basketball hoop placed in the public right-of-way or for any act or omission in violation of this section. In consideration for the city allowing a person owning, possessing or having control of property that abuts the public right-of-way to maintain, inspect, use, or supervise the use of a basketball hoop placed in or alongside the public right-of-way, such person shall indemnify, defend and hold the city harmless against any claim, suit or action made against the city, its officers, employees and agents as a result of any person's failure to satisfy any obligation imposed by this section. Nothing contained herein shall be construed as a conveyance, grant or transfer of a property interest or permanent private right in any public right-of-way. The city retains the right to revoke the privilege allowed under this section.
(Ord. 284-2005 § 1; Ord. 333-2013)