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Basketball Goal Placement
Encroachments of public right-of-way
Encroachment means an intrusion by an inanimate object on, under, over, or upon the public right-of-way.
Sec. 645-512. Public ways not to be used for private purposes.
The streets, alleys, sidewalks, bridges and public places of the city shall be maintained open at all times for travel by vehicles and pedestrians and for all other proper public uses and purposes. No part thereof, or any spaces above or below such public ways, except as otherwise authorized by statute, this article or Code, or by any other city ordinance, shall be used for any private purpose or business. Except as may be so authorized, no use shall be permitted which affects the orderly appearance thereof, or obstructs or hinders public travel thereover, contrary to the public safety and welfare.
Sec. 645-525. Children playing in streets.
It shall be unlawful for the parent, custodian or guardian of any child under twelve (12) years of age to permit or suffer such child to play in the roadway of any street, except a play street established pursuant to this division.
REPEAT OFFENDERS WILL BE ISSUED A SUMMONS TO APPEAR IN COURT, AND CAN POSSIBLY BE FINED.
Frequently Asked Questions
Q: What exactly is a right-of-way?
A: The road or street and any public utility markers (i.e. telephone poles, fire hydrants, telephone boxes, etc.)
Q: Why can't I have a portable basketball goal at the curb, and move it when I am done?
A: That type of activity is specifically not allowed according to the Marion County Code. It can lead to traffic obstructions, as well as hazardous conditions for children and pedestrians.
Q: Where can my kids use their portable basketball goal?
A: The goal can be set up on your property, such as on your driveway, so long as no portion of the goal is in, or touching the public right-of-way, and the use of which also does not enter the right-of-way.
Q: I see these portable goals all around my neighborhood. Why can they have them, and I can't?
A: These are not permitted on or near any public right-of-way, and should be reported to the Mayor's Action Center.
Q: Can I obtain a permit, so that I can use the street in front of my house for this purpose?
A: No. There is no permit that will allow for this activity to occur in the public right-of-way.
Q: What can happen if I, or my children, are caught using a basketball goal in the public right-of-way?
A: You, as the responsible adult, can be summonsed to court, and may face a fine.
Q: The housing addition that I live in has a set of covenants that allow for the portable goals. Doesn't that allow me to have this at the edge of the street?
A: No. The Marion County Revised Code takes priority over any homeowners association covenants.
Did You Know?
Public Right-of-Way
This is defined as any travelled way and/or any public easement, and can generally not be used as a location for private purposes.
Courts and Cul-de-sacs
These are still considered public streets, and by definition, public right-of-way.
Responsibility
The adjacent property owner, and or adult violating this Code, can and will be held responsible for any enforcement action taken.
Violations
Can result in a court appearance, and fines.
Download the Basketball Goal Placement Zoning Compliance Brochure.
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