The Transportation Committee met on Wednesday to discuss an issue recently raised concerning basketball hoops in the city right-of-way.

We had this issue on our agenda because a city truck had smashed a citizen-owned hoop and backboard, which was permanently mounted such that it protruded slightly into the street. The street department refused to repair it, arguing that it should not have been there in the first place based on city code, but our insurance carrier went ahead and paid the citizen for the cost of it…not being aware that the street crew was challenging it. So, all the parties affected came to council for some clarification.

After lengthy deliberation, our committee decided that we should not change our city code. If our report is accepted by the full council on Monday night, people will continue to not be allowed to install anything on the city right-of-way without a permit, including a basketball hoop. The code will continue to be enforced on a complaint basis, meaning if someone complains it will be investigated, and a notice-to-correct will be issued.

We also chose not to expressly attack basketball hoops, or single them out with a special section. We feel they fall into the same category as all other possible right-of-way issues.

Some of the discussion focussed on the dilemma posed by our desire to allow freedom for people to recreate and exercise responsibly, but that we in no way wanted there to be confusion about who has the right-of-way in city streets. A basketball hoop permanently mounted over the street may not cause an injury to an adult, for instance, but it might give children the illusion that they have the right of way when they are shooting hoops.

We were silent on the issue of temporary, rolling portable hoops. We assume that people are using these responsibly, that they understand the risk of being hurt or sited if they put them in the street, and that they are using appropriate care with this equipment. I have seen these set up at the back of a cul-de-sac at the end of dead-end street for years, with no complaints generated. The city will generally not patrol for them, but if another resident of the cul-de-sac decided it was a hazard or inconvenience, then the owner could be asked to remove it by the city. My recommendation is to keep them on private property, such as a driveway or a patio, unless you get a right-of-way permit to use them elsewhere.

Again, I’m smart enough to know that people will continue to play in streets once in a while, and the city can not stop this from happening. However, it’s important that people in the street know that vehicles have the right-of-way, and that they are in the street at their own peril. Any other belief on their part sets them up for injury or death, and puts the city in a position of liability.

I used to play kick-ball in my cul-de-sac growing up. But there were only seven homes, and every participant knew we had to clear-out the moment a car turned into the cul-de-sac. I won’t let my kids play anything on the through street in front of my own home.