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1 ORDINANCE NO. 18,975
2
3 AN ORDINANCE TO AMEND LITTLE ROCK, ARK., ORDINANCE NO.
4 18,844 (MARCH 18, 2003) TO PERMIT A BASKETBALL GOAL TO BE
5 PLACED IN A CUL -DE -SAC OR DEAD -END STREET UNDER CERTAIN
6 CIRCUMSTANCES; TO DECLARE AN EMERGENCY; AND FOR OTHER
7 PURPOSES.
8
9 WHEREAS, after careful review the City passed Little Rock, Ark., Ordinance No.
10 18,844 (March 18, 2003)( "LRO °) which banned the placement of objects in the rights -of-
11 way, and
12 WHEREAS, there have been a number of requests to determine if there are any
13 circumstances in which a basketball goal could be placed in the right -of -way of a cul -de-
14 sac or dead -end street without violating the intent of LRO 18,844, and without creating
15 any safety concerns for the City, and
16 WHEREAS, after review by the City staff a recommendation has been made that
17 there are certain circumstances where such activity might be permissible, and
18 WHEREAS, the terms of this ordinance set forth those circumstances and the
19 steps that need to be followed,
20 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
21 OF THE CITY OF LITTLE ROCK, ARKANSAS:
22 Section 1. Litte Rock, Ark., Rev. Code § 30 -5 (1988) is hereby amended to add a
23 new subsection (i) to read as follows:
24 (1) Notwithstanding the provisions set forth above, the Department of
25 Public Works may issue a permit to allow the placement of not more
[PAGE 1 OF 4]
ONDLNM
To permit basketball goals on culdo-sam
and deadcnd streets in certain dxusstanm
I than one (1) basketball goal to be placed on a cul -de -sac, or a dead -
2 end street, if the following criteria are met:
3 (A) An application to place a basketball goal in the area is
4 made to the Department of Public Works and is signed
5 by the owners of all of the properties located within the
6 cul -de -sac, or within 100 feet of the dead -end street and
7 which identifies where the basketball goal will be
8 located;
9
(B) If the application is for a dead -end street, the street is
10
not one that will be completed in the foreseeable
11
future, or if it is scheduled for completion, the permit
12
will automatically expire upon the issuance of a
13
building permit to complete the street;
14
(C) The owner of the property where the basketball goal is
15
to be located gives express written approval to have
16
the goal on public right -of -way immediately in front of
17
the person's property;
18
(D) The Department of Public Works has reviewed the area
19
to determine traffic counts, interference with City
20
vehicles including emergency equipment, and a safe
21
placement of the basketball goal, and has determined
22
that the location is acceptable; or, has determined an
23
acceptable location that meets these safety criteria and
24
the owner of the property immediately in front of that
25
location agrees to the placement of the basketball goal;
[PAGE 2 OF 4]
ORDINANCE
To permit basketball goals on cud -de -sacs
and dead -end streets in certain circumstances
0 0
1 (E) Only one such application shall be approved for any
2 one cul -de -sac or dead -end street;
3
(F) All persons wishing to play on the basketball goal will
4
be permitted to do so;
5
(G) The applicants agree that if the application is revoked
6
for any reason that they will be responsible for the
7
removal of the basketball goal, or the cost for removal
8
of the goal; and
9
(H) The application shall remain in effect as long as the
to
permitted property owner is willing to let the
11
basketball goal remain in the approved location, and
12
the goal is maintained in a stable and safe condition.
13
(2)
Failure to comply with any provision of the permit shall be
14
grounds for the removal of the basketball goal at the expense
15
of the applicant unless the noncompliance can be, and is,
16
corrected within three (3) days of notice of noncompliance;
17
(3)
Revocation of the permit shall occur at any time it is deemed
18
necessary as a matter of public safety, because of continued
19
interference with City vehicles, or because the property
20
owners in the vicinity object to the continued placement of the
21
basketball goal;
22
(4)
Use of any permitted goal shall cease at 8:00 p.m. during the
23
period of Central Standard Time and 9:00 p.m. during the
24
period of Central Daylight time.
25
Section 2.
Severability. In the event any portion of this ordinance is declared
26
or adjudged to be
invalid or unconstitutional, such declaration or adjudication shall not
[PAGE 3 OF 4]
O&DLVMu
To pasnit basketball goals on cW -desan
and deadend streets in certain circumstances
U
1 affect the remaining portions of this ordinance, which shall remain in full force and
2 effect as if the portion so declared or adjudged invalid or unconstitutional was not
3 originally a part of this ordinance.
4 Section 3. Repealer. All ordinances and resolutions, and parts thereof, which
5 are in conflict with any provision of this ordinance are hereby repealed to the extent of
6 such conflict including, but not limited to, Little Rock, Ark., Ordinance No. 18,844
7 (March 18, 2003), as codified in Little Rock, Ark., Rev. Code § 30 -5 (1988).
s Section 4. Emergency. The ability to uniformly deal with the operation and
9 maintenance of public streets and to permit basketball goals to be located in limited
10 portions of the public right -of -way as an appropriate form of recreation for citizens of
11 the City, particularly youth, is essential to preserve the public health, safety and
12 welfare; an emergency is, therefore, declared to exist and this ordinance shall be in full
13 force and effect from and after the date of its passage.
14 PASSED: October 21, 2003
15
16 ATTEST:
17
19 +Nancy Woo , City Clerk
20 APPROVED AS TO LEGAL FORM:
21
22 C;"'V
23 Thomas M. Carpenter, City torney
24 H
25 H
26 H
[PAGE 4 of 41
ORDUNANCE
To permit basketball goals on ml- de-saa
and dead -end streets in certain circumstances
APPROVED:
L
J' Dailey, Mayor