April 10th, 2008 9 ReasonHaving A Basketball Hoop Facing The Street Is A Bad Idea
Maybe it is because I am a mother of a school aged child and a wife of an Oregon injury lawyer, but it really bothers me when I see kids playing basketball in the street, especially in our urban neighborhood that has plenty of nearby parks. While I love to see children doing wholesome activities, there is a time and place for everything. Here are the 9 reasons having a basketball hoop facing the street in front of your house is a bad idea:
1. Illegal structure: If the hoop is installed in the ground, that actually is illegal by Portland City code. The parking strip belongs to the city so you have no right to put permanent or semi-permanent structures (including real estate signs) in the parking strips. I also just found out that it is illegal by city code, according to a verbal confirmation with a city official, to put a temporary basketball hoop up for more than 2 hours. Here are the codes cited
17.44.010 Unlawful Acts Enumerated. - Printable Version
(Amended by Ordinance Nos. 140190, 151081, 175205 and 178290, effective July 1, 2004.)
A. It is unlawful for any person to obstruct or cause to be obstructed any roadway, curb or sidewalk by leaving or placing, to remain longer than 2 hours any object, material or article which may prevent free passage over any part of such street or sidewalk area. This Section does not authorize any action in violation of any other Title or regulation.
B. It is unlawful for any person to erect or cause to be erected any structure in, over or upon any dedicated street area, except that the City Engineer may, if the distance between property line and back of existing or future sidewalk is greater than 1 foot, and if in his opinion circumstances warrant, grant permission for walls not exceeding a total of 3 feet in height, fences and steps, that otherwise comply with the Code of the City, to be constructed 1 foot back of the sidewalk. Also, on buildings whose front is located on the property line, the City Engineer may allow decorative facings, certain types of utility meters, utility valves, and other utility appurtenances, to extend into the street area an amount he determines will not interfere with the public use of said street, but not exceeding 1 foot. The City Engineer, upon determining a public need for areas occupied by such walls, fences, steps, facings, or utility meter valves and other appurtenances, may revoke said permission and the property owner or utility will be required to remove them from the street area.
C. It is unlawful for any person to erect or cause to be erected any sign in, over, or upon any public right-of-way. For the purposes of this section, sign shall be defined as provided in Title 32.
D. This section shall not apply to:
1. Any use, sign, or structure for which a permit has been issued or which is erected under authority of any Title;
2. Motor vehicles lawfully parked pursuant to City Regulations;
3. Barricades placed by or with the approval of the City Engineer or the Traffic Engineer; nor
4. Temporary closures and occupancies pursuant to this Chapter.
2. Liability for other children: A hoop may be considered a child trap and you may be liable for any injury that a child sustains while using your hoop.
3. Pedestrian Car Injuries: A person, especially a child, has about 100% chance of dying if hit by a car at 35 MPH. When I was trying to get the city to put in traffic bumps at my old house in Rose City Park near Providence Hospital, they recorded a great number of cars travelling that fast and up to 50 MPH. The city official told me that was "normal" for Portland neighborhoods, although they eventually did put in the bumps.
4. Misdemeanors: If you let your kids play in the street, that actually is illegal and is considered jay walking. I have heard of someone getting a ticket for playing football on NE Glisan St, but for the most part you probably won't get caught. However do you really want to teach your children it is ok to do something illegal as long as they don't get caught?
5. At Fault = No Money: While a child or his health and lack of pain cannot really be replaced with money, if your child does get hit by a car it will be the fault of the child and you will not get money for his/her death, dismemberment or injury.
6. Disturbance of the peace: Playing basketball makes enough noise to penetrate the walls of your neighbor's house, so technically, in Portland Oregon at least, it is a disturbance of the peace by city code. While most neighbors won't call the cops on you, they will probably be annoyed with you especially if they are trying to take a nap or get a baby or toddler to take one.
7. Street Objects are against city code: If you put a cone in the street to warn cars that your kids are playing ball, that is illegal too, in Portland. It is illegal to put pretty much anything in the street other than a parked, working car or street legal motorcycle facing the proper direction and less than a foot from the curb.
8. They lower your property value. Why? For one thing they are UGLY! Except when brand new, basketball hoops are usually poorly maintained by most people and either the paint or the net or both are in some state of degradation at any given time. Secondly, they give the neighborhood a feeling that it is not safe for children. This will give a potential buyer in your neighborhood a bad feeling and cause a lower bid on neighboring houses and that will eventually effect you when it comes time to retire or move.
9. It may be considered child abuse. If you have a young child playing in the street unsupervised and you have one of the following living in your neighborhood:
Physician, including interns and residents.
Dentist.
School employee.
Licensed practical nurse or registered nurse.
Employee of the Department of Human Resources, State Commission on Children and Families, Child Care Division of the Employment Department, the Oregon Youth Authority, a county health department, a community mental health and developmental disabilities program, a county juvenile department, a licensed child-caring agency, or an alcohol and drug treatment program.
Peace officer.
Psychologist.
Clergy.
Licensed clinical social worker
Optometrist.
Chiropractor.
Certified provider of day care or foster care, or an employee thereof.
Attorney.
Naturopathic physician.
Licensed professional counselor.
Licensed marriage and family therapist.
Firefighter or emergency medical technician.
A court appointed special advocate, as defined in ORS 419A.004.
A child care provider registered or certified under ORS 657A.030 and 657A.250 to 657A.450
Then they may have a duty to report you for child neglect if indeed playing in the street is child abuse, which I am not sure of at this point. I contacted the state and they did not say "no it is not child abuse" and a friend of mine who is a child development expert thought it just might be. Child abuse decisions go on a case by case basis so this is a murky area unlike misdemeanor state law and city code law.
So...if you have a hoop facing the street, I hope after reading this you will turn it to face the sidewalk for less than 2 hours at a time, put it in your driveway or give/sell it to someone who can give it a proper home.
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May 3rd, 2008