(A) It shall be a prohibited, criminal act to erect, install, place or allow to be placed a basketball goal (to include post and any base) on a county road or street.
(B) It shall be a prohibited, criminal act to erect, install, place or allow to be placed a basketball goal (to include post and any base) in a county right-of-way, which generally includes the swath between the sidewalk and the street. In residential areas without sidewalks, all county roads shall occupy a right- of-way 30 feet wide.
(C) It shall be a prohibited, criminal act to erect, install, place or allow to be placed a basketball goal (to include post and any base) in such a way that the backboard/rim apparatus hangs out over the county road, so as to encourage play on the road surface.
(D) It shall be a prohibited, criminal act to participate and play in a game of basketball or simply to shoot hoops, alone or with others, using the surface of a county road as the basketball court, or to allow this activity to occur.
(E) Any person improperly erecting, installing, placing or maintaining a basketball goal apparatus shall, prior to any charge being placed, first be given 10 days’ written notice to remove the basketball goal apparatus by the Woodford County Chief of Police, his or her designee, or the Woodford County Sheriff or his or her designee.
(F) The notice to remove the basketball goal apparatus under this section shall contain:
(1) The location of the basketball goal and post;
(2) A directive to abate the violation by removing the basketball goal and post;
(3) A statement that if the apparatus is not removed, or is later replaced after being removed, the county may exercise its authority to remove the goal or cut down the basketball post and lay the apparatus in the property driveway or yard; and
(4) That the offender may be subject to criminal penalties if corrective action is not taken within 10 days, or if the problem repeats.
(G) The aforesaid notice may be personally served upon the current owner or occupant of the subject residence, or by leaving notice conspicuously attached to the front door if personal service cannot be accomplished after 2 attempted contacts.
(H) Upon the failure of the owner or occupant upon whom the notice was served pursuant to the provisions of this section to remedy the situation, the county shall proceed to abate the situation through either private contractual arrangement or by employing the County Road Department for that purpose. Upon completion of the abatement, the county shall prepare a statement of costs incurred in the abatement thereof, and serve same upon the owner or occupant of the subject residence, with a demand for payment within 30 days.
(I) Any and all unpaid or uncollected costs incurred by the county in the abatement of basketball goal infringement shall constitute a lien against the property where corrective action was taken, which lien shall be filed, proven and collected as provided by law. The lien shall be notice to all persons from the time of its recording, and shall bear interest at the legal rate thereafter until satisfied.
(J) It shall be a rebuttable presumption that a person allowed or intended to be allowed use of a basketball goal on that person’s property for purposes of play in the streets if 1 or more persons are found to be playing on a goal hanging in such a fashion as to require use of the road surface area to shoot baskets or play a game of basketball, and the person allowing this activity shall be subject to the penalties of this section.
(Ord. 5-01, passed 6-26-2001) Penalty, see § 130.99