[Adopted 11-5-2003 by Ord. No. 702, approved 11-5-2003]
As used in this article, the following words or terms shall have the meaning indicated hereinafter:
BOROUGH
The Borough of Darby.
PERSON
Any natural person or individual, association, partnership, firm, corporation or any other legal entity.
PUBLIC SIDEWALK
Any paved or other area created primarily for public pedestrian traffic.
PUBLIC STREETS
Any paved or other area of any public thoroughfare (street, avenue, road, square, alley, highway and/or other public place) created primarily for public vehicular traffic.
It shall be unlawful for any person to erect and/or place, in any manner, any portable or fixed basketball upright/basket and/or other athletic/sporting equipment on or over any public sidewalk and/or public street within the Borough.
In addition to the penalty set forth hereinafter, the Borough shall have the right to require any person who has erected and/or placed any portable or fixed basketball upright/basket and/or other athletic/sporting equipment on or over any public sidewalk and/or public street within the Borough in violation of this article to immediately remove the same at such person's own cost and expense. Such notification by the Borough can be either verbal or written.
Any person who has received any verbal or written notice set forth in § 125-36 of this article shall immediately remove such portable basketball upright/basket and/or other sporting equipment at his, her, their or its sole cost and expense. If such person shall fail, refuse and/or neglect to immediately do so, the Borough shall have the right to immediately remove the offending basket upright/basket and/or other athletic/sporting equipment at the sole cost and expense of such person. The Borough shall have the right to collect such costs and expenses from the offending person in any manner provided by law.
Any person who shall violate any provision of this article shall, upon conviction before any District Justice having jurisdiction, be punished by a fine of not more than $300 and all costs of the such proceeding, or in default thereof, by imprisonment in the county jail for a term of not more than 90 days. Each and every violation of this article and each day's failure to comply with any provision of this article shall constitute a separate offense.