(A) No person shall place any recreational equipment in such a manner so as to obstruct or cause to be obstructed or to encourage the obstruction of all or any portion of a street right-of-way of the village, including, but not necessarily limited to, portable or movable basketball equipment.
(B) Nothing in this section shall prohibit the setting aside of streets or other public ways, or sections thereof, for limited periods of time, for recreational purposes, under proper supervision and with prior written permission from officials of the village having charge thereof.
(C) Whoever violates this section is guilty of a minor misdemeanor punishable by penalty of $100 for the first offense within one year. If, within one year of the offense, the offender incurs a second offense, such offender is guilty of a misdemeanor of the third degree. The penalties for a third degree misdemeanor or fourth degree misdemeanor shall be as set forth in R.C. Title 29. Each day during or upon which a violation occurs or continues shall be deemed a separate offense.
(D) This section is an emergency measure necessary for the immediate preservation of the public health, safety and welfare because police officers have noted a significant increase in the number of portable basketball hoops located in the rights-of-way. Children are at risk from playing in the street and the parents of many of these children refuse to remove the hoops back onto private property.
(Ord. 2008-4, passed 5-20-2008)