(a) No person shall place any item in the right-of-way, or otherwise occupy the right-of-way or any portion of the right-of-way, without prior written permission of the Administrator or designee. This prohibition includes, but is not limited to, placement of basketball, hockey, or other sporting goals in the right-of-way. Items placed in the right-of-way in violation of this section are considered abandoned property and may be disposed of by the Administrator or designee without prior notice or compensation.
(b) Subsection (a) does not apply to placement of refuse, recycling, or yard waste containers in the tree lawn area of the right-of-way for curb-side pickup in the twenty-four-hour period prior to the adjacent parcel's scheduled day for refuse, recycling, or yard waste collection.
(c) No person shall conduct activity in the right-of-way in a manner that obstructs passage upon the right-of-way, without prior written permission of the Administrator or designee. For purposes of this section, conduct of basketball, hockey, or other games within the right-of-way shall be prima facie evidence of violation of this subsection.
(d) This section may be enforced by the Administrator or any designee thereof, including but not limited to the Code Enforcement Officer, Zoning Inspector, Chief Building Official, the Chief of Police, any police officer, or any deputy zoning inspector.
(e) Violation of this section shall be a minor misdemeanor subject to a fine of up to one hundred fifty dollars ($150.00) per violation. If a person has a prior conviction under this section or Section 311.01 of the Codified Ordinances within the previous twelve (12)-month period, violation shall be a minor misdemeanor and the offender shall be subject to a minimum fine of one hundred dollars ($100.00), which shall not be suspended.
(Ord. 39-17. Passed 9-11-17.)
(Ord. 39-17. Passed 9-11-17.)