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2159 ORDINANCE NO. 2159 AN ORDINANCE PROHIBITING OBSTRUCTIONS IN THE PUBLIC ROADS OF THE CITY OF WEST MEMPHIS AND PROVIDING FOR THE ENFORCEMENT THEREOF. WHEREAS,the City of West Memphis has experienced problems in the past with structures located on the roadway and within the rights-of-way of public roads, streets, or alleys; and WHEREAS, structures such as basketball poles, street hockey nets, skateboarding ramps, etc. are located within the road rights-of-way of the City and are located in such a manner so that persons play in the streets of the City; and WHEREAS,persons playing basketball, street hockey, skateboarding, or other sports in the roadway create a dangerous condition for not only the persons playing such sports but also the traveling public. NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,ARKANSAS, as follows: SECTION 1. DEFINITIONS (A) PERSON - every natural person, firm, corporation,partnership, association, institution or other group. (B) STRUCTURE - any man-made object having an ascertainable stationary location on or in land or water whether or not affixed to land. (C) STREET -the word "Street" includes streets, avenue,boulevards, roads, highways, freeways, parkways, lanes, and other ways used for or intended to be used by vehicular traffic or pedestrians, whether public and private. (D) CITY -the City of West Memphis, Arkansas. SECTION 2. It shall be unlawful for any person to erect or cause to be erected any unauthorized structures within or on the roadway of any streets of the City. SECTION 3. It shall be unlawful for any person to erect or cause to be erected any basketball poles, support structures,basketball nets, street hockey nets, or skateboard ramps within the rights-of-way of any streets of the City. SECTION 4. It shall be unlawful for any person, to place, push, dump, pull or deposit or cause to be placed,pushed, dumped, pulled or deposited any earth, dirt, manure, sand, gravel, rock, or similar materials upon the streets of the City or to permit any of the aforesaid acts to occur. SECTION 5. Any person who is found to be in violation of this ordinance shall receive a written warning for the first violation and shall be subject to a fine of One Hundred Dollars ($100.00) for a second violation. For any subsequent violation, such person shall be subject to a fine of Five Hundred Dollars ($500.00)per violation. SECTION 6. If ownership of any unauthorized structure within or on the roadway of any streets or any basketball poles, support structures,basketball nets, street hockey nets, or skateboard ramps within the rights-of-way of any streets cannot be determined, said items shall be subject to being removed and confiscated by the City, subject to the claim of the rightful owner. Any person claiming ownership of such removed and confiscated items shall be subject to the penalties set out in Section 5. SECTION 7. All Ordinances or parts of Ordinances, conflicting with the provisions of this Ordinance are hereby repealed. PASSED AND APPROVED this 7 day of June , 2007. WILLIAM H. JOHNSO , AYOR ATTEST: PHILLIPiOTT . CITY CLERK SPONSORED BY: