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HomeMy WebLinkAbout2006-12-11 07-040 ORDINANCEbeen No, 07 040 Date: 12-11-06 Item/Subject: Ordinance, Amending Section 239-5 of the Code of the City of Bangor — Ballplayirg on Streets. Responsible Iaepsk b nb City Manager Commentary: The City Council and the Oovemment Operations Committee have discussed the issue of basketball and other games occurring on streets. These discussions were initiated after a complaint was received, staff asked individuals In that neighborhood to remove their basketball hoops from the streets, and other residents asked that the curs t ordinance forbidding such activities be amended W allow them. We estimate thM there are over 200 hoops located in the streets during the summer months. Individuals objecting to playing in the streets do so out of concem for the safety of the individuals involved, the noise that Is gene ated, and the told that such activities should take place in City parks. Proponents doe ft value of active recreat]m to our youth; the agent to which such actdvales assist In creating neighborhood connections; the limitations faced in certain nelghborhoods where small lots restrict the ability m play on private property; limited active recreation facilities in neighborhood palls; and the difficulties Imposed when parents are required to transport children W parlor and remain on site while they play. During these discussions, a number of alternatives were considered from revising our current ordinance to continue to prohibit playing in the streets to simply eliminating the restriction in total. Govemment Operations has recommended a revised ordinance that, In conjunction with enforcement of other state statutes, would place reasonable restrictions designed to address safely and noise concerns. This When would also give the Police Department the authority to temporarily or seasonally prohibit games in the streets where they have resulted in camage to property or violations of the time restrictions in the ordinance. Department Head Managers Comments: Recommend approval. Given the extent of public discussion of this issue and the approaching Holidays, the G mment Operations Committee recommends that this her be first read, a motion made to dispense with second reading (2/31ms vote required), and that the Council then proceed W consider this ordinance amendment. ,%..� , n', Budget Approval: City Manager Rimed Director Legal Approval: Soldier Panel Fret Reading page _ of _ Referral Assigned to councilor eaves 07 040 CITY OF BANGOR Deeevber 11. 3006 (TME.) Ordinance, Amending Section 234-8 of the Code of the Oty of Bangor — Ballplayirg on Streets. WHEREAS, the Oty Solicitor has determined that the Cityls current ordinance provision regarding playing on the Streets cannot be enforced; and WHEREAS, over the years, the prevalence of portable basketball hoops located an residential streets has increased; and WHEREAS, the City's currant enhancement policy on the prohibition an playing in the streets has hemi to respond only to complaints or to Mae locations where the activity clearly poses a safety hazard to participants due to vehide spend or sight distances; and WHEREAS, this enforcement approach has raised concems regarding fairness and equal enforcement; and WHEREAS, a number of citizens have approached the Council and requested Mat the City's restriction on playing in the streets b r amended to allow such uses where appropriate; and WHEREAS, proponents of such change Hae the value of active recreation to our younger citizers; the extent to which such activities assist in creating neghbouMmd connections, not only between youth but also among parents and other residents; the limitations faced in certain neighbourhoods where small lots and density restrict the ability to pursue such activity on private property; limited active recreation facilities in neighbourhood parks; and the difficulties and time restrictions Imposed if parents are required to transport children to parks and remain on site while they play, and WHEREAS, opponents of allowing playing on residential streets are conremed for the safety of the individuals Involved, object to the mise that may be generated, and believe that sunt activities should take place on private property or in City parks; and WHEREAS, in recent years, Mere have been no documented incidences where an athletic game on a residential street has resulted in an accident involving a motor vehicle; and WHEREAS, reasonable time and place restrictions can be established to address certain of the concerns related to safety and mise impacts that may result from allowing playing in the streets; and WHEREAS, other statutes governing disorderly conduct, trespass, and damage to private property are also available to the Police should problems associated with playing in the street arise; NOW, THEREFORE, BE IT ORDAINED BY THE CRY COUNCIL OF THE QTY OF BANGOR THAT Section 2348 of Me Code of Ordinances of the City of Bangor is hereby repeate ! and replaced in its entirety as follows, N CIYP COUNCIL December 11. 2006 Notion Made and Seconded to Dispense with gecoodiog Beading Passed Vicky Carlson. 9 Linden Street erpre sed hex over this ordinance and £eels that compromise hasn't been ached. She lndiciated tbit she would like to have this Issue looked at again Chris Popper, 131 Great Street. Thanked theCouocil and stated riot he felt this was a good compromase Nation Made and Seconded for Passage vote a-1 Coaocllors voting Yee: Allen. D'Nxrico. Farrington. Gvrwick, Greene. Jaws. Palmer 6 Stene Cwociln voting Ba: Basseterre Passed (PyY1,gJ gmendlsH Section 236-8 of the Code of [he C3[y oEC3ry H pray a souped to coo�uncinlor- (ci� trzPL�a�C� A/R `�I'✓ 07 040 Section 2348. Athletic Games Prohibited on Public Streets. A. No person shall engage in any athletic game on or upon any of the public streets of the City except as otherMse provided by order of the City Council or as provided herein. Per purposes of this section, an athletic game's defined as any activity Involving had or more Individuals and using a ball or other object that on be thrown, hit, or omervil directM between me parties or which, regardless of the number of individuals involved, includes the placement of temporary structures In the right of way such as basketball, soccer, or hockey nets or ramps for activities such a skateboarding. B. Athletic games shall be permitted on sheets only in accordance write all of the following regulations: 1. Playing an athletic game shall be limited to local streets, as defined below, and shall be prohibited on all other streets. 2. Athletic games are not permitted prior m 8 a.m. or after 9 p.m. 3. Those engaged in athlete games shall be required to yield me right of way to vetricular traffic. 4. Only temporary structures may be located in the right of way for the purposes of any type of athletic game. Temporary structures may be utilized during the period from April 1 to October 31 provided that they do not Impede vehicular movement and, if present In me right of way during night time hours, have reflectors or reflective tape placed upon mem whicli are visible m approaching vehicles and Pedestrians. Permanent structures; are prohibited. Any temporary structure used for the purpose of athletic games shall be Immediately removed upon the order of me police, fire, or Public works department where such removal Is necessary as a result of emergency situations, work in the right of way, or other pennftted events or activities. S. No athletic games are permitted within 30 feet of an intersection. For purposes of this section, a temporary structure shall be ons that does net: have a concrete foundation or any other type of foundation that adheres to or requires attachment to a roadway, sidewalk, or esplanade area. A temporary foundation is one mat consists of send, water, or some other type aweight system directy attached m the structure. Far purposes of this section, a local steed is one mat a. Primarily serves residential properties; b. Has a speetl limit of twenty-five miles per hour or less; c. Is net an arteral street defined generally as a highway of regional significance with average annual dally traffic in excess of 10,000 vehicles and containing more than two lanes in at hast some sectors. Specifically, the following sheets are to be considered major arterial streets: Broadway, Hammond Stmet, Hogan Road, Main Sheet, Odlin Road, State Street, Stillwater Avenue, and Union Street. d. Is not a collector street defined as a street that carries a majority of traffic mat does not originate or terminate on the street and which provides Inderoonnecnon between distinct areas, such as neighbourhoods and commercial areas, a provides Interconnection of such areas between communities. For purposes of this section, only the fallowing streets are to be considered collector streets: Burk, Budeigh, Cedar, Center, Chase, Church, Davis, Essex, Fourteenth, Garland, Grandview (from E oxdway to Essex), Griffin, HowaN, Husson, Kenduskeag, Mount Hope, Ohio, Pushaw, Third, Thirteenth, Valley, and Minter. 07 040 C. Authority of Police to Further Prohibit Athletic Games in the Right of Way. The Police Chief or his or her designee shall have the authority to prohibit athletic games on streets or sections of streets where it is othervrise allowed in paragraph B. above under any of the following dranlsdrlres: 1. The sight distance of an approaching motorist to the area used fur ball playing is less than 150 feet due to topographic limitations or other visual obstructions. 2. The activity at a particular location hss remlted in documented incidences of damage to private property two or mare times within a thirty -day period. 3. Participants in ball playing at a prowler location have violated Me hour monotone of section S. 2. above two or more times wahin a thirty-0ay period. 4. Participants in ball playing at a particular location have been cited for disorderly conduct on two or more occasions within a thirty -day period. S. Upon a finding by the Chief of Police or his/her designee that the activity poses a threat W the health, safety, and welfare of partidpanis or residents within Me bbtic on which the activity Occurs. A prohibition issued under section C.1. shall specify the street or section of sloe& on which athletic games are prohibited and shall remain In effect perma endy or until such time as physical changes may be made which increase the sight distance sufficient to bring the area In question Into compliance. Prohibitions issued under section C. 2 through 5 shall specify the street or section of street on which athletic games are prohibited and shall remain in effect until April 1 of the following year. Appeals from the decision of the Police Chief or his/her designee shall be made to the Board of Appeals In accordance with this provisions of Chapter 23, Article 1, Section 23-3 of this Code.