POUGHKEEPSIE – City Councilwoman Yvonne Flowers proposed a change to a Poughkeepsie city ordinance prohibiting playing in the city streets. The current ordinance, written in the early 1980s prohibits such activities as Frisbee, baseball, softball, football, and soccer being played in the street but did not include hockey and basketball.
According to Flowers, there are streets in her northside ward where kids erect basketball hoops on the sidewalks and use the street as a court, resulting in legally parked vehicles being damaged along with presenting a safety issue.
Flowers told her fellow council members that residents in areas of her ward having been lodging complaints about young people playing basketball in the streets, not paying attention to oncoming traffic, and cars getting dented by basketballs and children knocking into them for at least two years now. “The residents don’t deserve to have their property damaged and I don’t want to see anyone get hurt,” said Flowers.
The proposal encountered resistance from Councilmembers Sarah Brannen and Evan Menist. Brannen questioned why there was a need to change the ordinance rather than having police enforce the current statute. “Why are the police having difficulty in enforcing the current ordinance,” and followed a few minutes later with “What is preventing police from issuing citations to the kids in the street,” Brannen asked of her colleagues, counsel, and Mayor Rob Rolison.
City Administrator Marc Nelson noted that the police department has responded to several complaints and have issued verbal warnings to the suspected offenders. Rolison addressed Brannen’s concerns offering two observations. The mayor said that “If the hoops are moved (from the sidewalk or street), the problem ceases.” Falling back on his lengthy career in law enforcement, Rolison explained that typically, when police respond to a complaint for noise or, in this instance, children playing in the street, the situation is rectified but the problem returns minutes after the police leave the area. Brannen wrapped up her comments by adding that the law needs to include a penalty for the offense before the change is voted on.
Council Evan Menist announced that he was not supporting the change because “It seems like we are limiting people to use their own property.” Citing the city’s limited open spaces – more so now that the parks are closed due to the pandemic, Menist disagreed with allowing people to play in the street. “Sidewalks and streets are for public use, not just motor vehicles,” said the second ward representative. Menist said, in his opinion, property owners should be allowed to put a basketball hoop at the edge of their property. Flowers disagreed, noting that people are putting hoops at the edge of their property and the kids are in the streets, creating a safety issue.
Corporation Counsel Paul Ackerman said that the proposed changes to the current ordinance are written “to prevent hoops from becoming a public nuisance – It’s not just the occasional ball rolling into the street.” According to the attorney, the current ordinance already has a fine structure built in. As it stands, a violation of the current ordinance can be cited as disorderly conduct. That charge is punishable by a fine of up to $150 along with a possible 15-day jail sentence. The city is also permitted to bring a civil action against the offender seeking damages of up to $1,000.
Council Chairperson Sarah Salem noted that the council will address the issue at the May meeting, provided some of the issues raised are addressed or clarified.
