Illegal basketball hoops in Lodi can get owners $500 fine

Each year, Bradley, the city's street superintendent, issues warnings to residents who leave the portable hoops in the street, in the gutter or on the sidewalk. He issues a "notice of encroachment" letter requesting they be removed when not in use.

Those who don't respond are referred to the city's Community Improvement Department which sends out a 10-day notice threatening a formal citation and fine.

That's how it is in most area cities.

In some, officials respond on a complaint-only basis and tape a notice to the pole for a specified time period, then fine offenders as much as $100.

In Lodi, it's getting worse.

Last year, there were only two documented complaints, Bradley said.

To date this year, he has sent 65 courtesy notices.

Mayor Susan Hitchcock was surprised at the jump.

"It shows the popularity of basketball," she added.

"Guess that's why we need an indoor sports center with a basketball court. You could at least make that argument.

"It's also a good case for neighborhood parks."

More and more portable basketball hoops filled with water or sand are popping up. They are OK in private driveways. But those in gutters or on sidewalks can block walkers and drivers, and should not be in

the public right of way, according to Bradley.

"Most people aren't even aware they're creating a nuisance or a safety issue," he said.

While Lodi Municipal Code 12.04.370 does not specifically name basketball hoops, they are covered as "other structures" barred from being erected or placed in a right-of-way without a permit.

When the city responds to one complaint, workers will canvass the entire neighborhood, Bradley said.

"We also look for more than just the basketball hoops," he added.

"We look for boat trailers, vegetation, anything else blocking the right of way. It's not like we're singling any one item out."

Problems in newer neighborhoods

Joseph Wood, Lodi's community improvement manager, said he sees more portable hoops in newer neighborhoods where he suspects homeowners' associations bar permanent hoops from being installed in private driveways.

Homes in those neighborhoods also have smaller backyards where it can be difficult to put the hoops, Hitchcock pointed out.

For anywhere from $50 to $200 and up, a family can get a portable basketball hoop and move it out when ready to play.

Lisa Coleman, whose son plays with neighborhood children on his portable hoop, said theirs is light enough that the kids can roll it into the driveway. She tries to keep it off the sidewalk.

"If it's not being used on a regular basis, we pull it up. It gets moved back and forth," she said.

Should stores that sell the portable hoops be aware of each city's rules on their use and warn buyers?

Although Lodi Sporting Goods does not sell regular portable hoops, manager Rich Marini said retailers don't like to get involved and would rather let the consumer deal with it.

"They know what their location will allow," he added.

Coleman admitted that she is not as aware of the city's rules as maybe she should be.

"I know there's a lot of cities that have rules against them," she added. "I'm glad I now know what Lodi's ordinance is."

Hitchcock said she hasn't noticed any infractions while driving around Lodi.

"But I stick to major streets, and where I live, there aren't any children," she added.

"I do know when I was walking precincts, I ran into a lot of those portable basketball hoops in the newer neighborhoods. But they were sitting in driveways."

Fine up to $500

In the last five years, Wood and his department have not had to issue a formal citation. (If he did, the maximum fine could be as much as $500, but because it is an infraction the amount would have to be decided by the court and would likely be lower, he said.)

Residents who receive their second, more emphatic, notice seem to get the hint, Wood added.

But it isn't just basketball hoops.

In older neighborhoods, Bradley said residents let shrubbery grow into the public right of way. Other infractions include boat trailers parked in driveways that stick out over the sidewalk.

Like Lodi, cities including Davis, Citrus Heights and Roseville have laws that allow officials to issue notices and fines to owners of portable hoops. Five years ago, the Rocklin City Council passed a controversial ordinance restricting portable hoops' placement.

In Galt, the police department has reportedly hauled away wrongly placed hoops, according to Chief Doug Matthews. He could not be reached for comment.

Lodi's Wood agrees it is a liability issue the city needs to be aware of. Downtown eateries who have outside dining have had to pay the city for increased liability in case someone rides his or her bicycle into a dining table.

Further, a portable basketball hoop left in the public right-of-way can be a liability for homeowners, Bradley said.

"If little Johnny is riding his bike and runs into one of those hoops and busts out his teeth, who's going to be held responsible?" he added.

"But if you put the hoop away when you are done, who's going to care?"