TOWNSHIP CURBSIDE BASKETBALL HOOP BAN PROMPTS PROTEST

Photo: M. Kasdan

You see them around town, basketball hoops on curbs in front of homes and elsewhere used for kids playing basketball in the street.

Kids playing ball in the street is a tradition. But these seem to have gotten a bad rap.

So bad that township officials have given them the old heave ho! With official directives to be removed.

Citing the township ordinance that prohibits any "obstructions" from hindering street access, those in charge claim they are a safety issue.

Several residents, including Michael Kasdan of Summit Avenue, report receiving notices directing them to remove their hoops that face the street.

Kasdan said he received the notice in July and again two weeks later.

He then sent a letter to the Township Committee, which said, in part:

We are writing this letter to express our dismay and confusion with the Township’s misguided new policy to to issue warnings to Maplewood residents who have placed a basketball hoop on the curb.

 

We received a warning notice on July 9th which demanded that we take down our hoop within 5 days. We discussed this with Mr. Slavkoff, who issued the notice, and his boss Mr. Mittermaier, both of whom explained that this new directive came from the town and that the Township Commitee is - for some reason - pushing enforcement of this directive. 

 

The decision by the Township Committee to threaten Maplewood residents with summons and force them to remove these hoops is unwarranted, overreaching, and bad policy. We would like an acknowledgement of this letter as an official complaint and appeal of the notice, and ask that our comments to be addressed as early as possible and no later than the next township council meeting.

First, we fail to see how the presence of our basketball hoop falls within the cited statute (Section 235-4), Simply put, the statute is directed at dumping of refuse or garbage:

"No person shall discard or dump any household or commercial garbage, refuse, rubbish, junk . . . upon any public street or road, on or off any right-of-way, or on the private property of another," 

 

We are not dumping any refuse or garbage. (Nor is the basketball hoop on any public street or road, or obstructing any right of way.)  It is plain to see that this statute does not authorize the overreaching action taken by your committee as a legal matter.

Second, we do not understand or agree with the the Mayor or Township Committee for deciding to take these steps as a matter of public policy. It is wholly unrelated to any public concern within the purview of the town. Indeed it runs counter to what the township should be concerned with. Kids and family activities should be encouraged, not discouraged. We want our children to be playing outside.

That letter promoted this email from TC Member India Larrier:

Dear Mr. Kashdan.

 

Thank you for your inquiry regarding the township's request that you remove the basketball hoop from the right of way.  Because our next Township Committee meeting will not take place until September 2 (our last one having been cancelled), I am responding in writing,

 

I have attached below the statute regarding such items and the link to our code listings.  You will note that the code cited is 239-28 through 31, rather than 235.  This code indeed covers all obstructions. Please keep in mind that such codes are generally written globally, for the overall safety of our residents, and that our residents' safety does indeed fall under the purview of the Township Committee. 

 

While we do encourage the physical activity by our residents, we cannot have obstructions of any sort placed permanently  in the right of way, as this does pose a potential hazard.  Further, while basketball hoops may seem innocuous, the code covers ALL obstructions.  You will notice that we have also required the relocation of lawn signs that have been placed in the right of way.  Therefore, not only basketball hoops are prohibited, but mail boxes, blow-up objects, BBQ grills,  Ping-Pong tables etc. would also not be allowed to remain permanently in the right of way. 

 

We welcome your comments at our next meeting on September 2, 2014 at 7:30pm at the Maplewood Court House in the Police Department building on Springfield Avenue.  There will be two Public Comments segments.

This seems to be one of those issues that requires some common sense application of a rule. Most of these hoops are on side streets with little traffic, so one could assume they do not create a problem.

Village Green reported that one complaint came in that prompted the retaliation.

The issue is expected to come up tonight as several residents plan to take their complaints against the crackdown to the Township Commitee meeting at 7:30 p.m. at the Maplewood Police headquarters.