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.