[HISTORY: Adopted by the Mayor and Council of the Borough of Somerdale 6-8-2009 by Ord. No. 2006:09. Amendments noted where applicable.]
Any person wishing to erect a portable basketball net on any Borough right-of-way must first make application with the Borough Clerk. The application fee shall be $1, and the permit shall be valid for one calendar year.
Permit applications shall be reviewed within 48 hours by the Somerdale Police Department. In the event of no previous history of creating a neighborhood nuisance, and the relative safe placement of the portable basketball net, the Chief of Police shall approve the permit.
No person shall erect or use a portable basketball net between dusk and 10:00 a.m. "Dusk" shall be determined to be the time a properly operating streetlight illuminates. Portable basketball nets shall not be stored in the front yard area of the property. "Front yard" shall mean the area between the street and the front edge of the home or building. Failure to properly store a portable basketball net shall be a fine of no less than $10 nor more than $100, plus court costs. The property owner shall first receive a warning for not properly storing a portable basketball net. If a portable basketball net remains erected on a Borough right-of-way during the prohibited time frame, then such portable basketball net shall also be subject to impoundment and forfeiture, in addition to any other penalties.
The erection and activities associated with a portable basketball net shall no way deteriorate the quality of life of the neighbors or neighborhood. Prohibited activity shall include interfering with traffic, damage to any property, contact with other person's property, trespassing, unnecessary noise or foul language.
If at any time the quality of life is negatively affected or the prohibited activity continues, then such permit previously approved shall be immediately revoked by the Chief of Police and shall not be reissued for one year.
No person shall erect a portable basketball net without a permit. Any person erecting a portable basketball net without a permit shall first be warned of the violation and instructed on how to obtain a permit. For any subsequent offense, the property owner shall be fined $250, plus court costs, and the portable basketball net may be impounded by any law enforcement officer and thereafter forfeited. It shall be prima fascia evidence that the portable basketball net has been erected by the property owner that such portable basketball net is primarily erected in front of. Any person who has had his/her permit revoked, the revocation of such permit.
Editor's Note: So in original.
In such case where a portable basketball net has been erected directly on a property line, law enforcement shall determine who the portable basketball net belongs to. If both property owners refuse ownership, then such portable basketball net shall be impounded by law enforcement as found property.
All decisions to deny or revoke the privilege shall rest with the Chief of Police.
Any person who has been denied a permit to erect a portable basketball net or has had his/her privilege revoked shall have the right to appeal this decision to the neighborhood dispute committee within 20 days. Such appeal shall be heard in a timely manner.