Street-games measure lacks backers

Jeffrey Libby

Thursday, Nov. 14, 2002 | 11:11 a.m.

"It is unlawful to leave unattended any basketball hoop, skateboard ramp or ot' er sports equipment or device in any public street. It is unlawful for any per' on to engage in any sport or amusement in any public street in such a manner a' to actually impede the safe passage of motor vehicles."

A proposed Henderson ordinance that would outlaw play that impedes traffic in public streets appears to lack necessary support from elected officials.

The ordinance, scheduled for a Tuesday vote, also would make it a punishable offense to leave portable basketball hoops, skateboard ramps and other sports equipment unattended in the street.

Henderson Mayor Jim Gibson and Councilman Steve Kirk have said they do not support the ordinance, saying there are better ways to ensure neighborhoods remain safe while kids play in the street. And Councilman Andy Hafen said Wednesday that the ordinance would have to be clarified before he votes for it.

The other two councilmembers expressed a reluctance to support a measure that could make it difficult for children to play on the streets.

The council so far has received a flood of phone calls and e-mails from the public on the issue, with much of the public comment against the proposed ordinance. At this point, councilmembers said, the ordinance in its current form appears unlikely to pass.

In Nevada, only Reno has an ordinance prohibiting street sports "likely to impede the passage of vehicles," according to the Legislative Counsel Bureau. The Reno law has been on the books since before 1966.

Las Vegas, North Las Vegas and Boulder City, like the rest of the state, have no ordinances specifically prohibiting street sports which impede traffic, despite published reports that suggest otherwise.

Elsewhere in the country, there appear to be only a handful of municipalities that regulate games played on public streets, but of those, most government agencies specifically address skateboarding and in-line skating.

Henderson appears to be one of the first municipalities to consider specifically banning unattended basketball hoops from public streets, according to the National League of Cities.

The Cleveland ordinance, which also bans flying kites in streets, carries a $100 fine for the first offense. Hoops are confiscated as contraband. A second offense within a year carries a $250 fine and 30 days in jail.

The Henderson City Attorney's office said it proposed its own ordinance after code enforcement officers and police reported an increase in complaints from residents. For Hafen, Councilwoman Amanda Cyphers and Councilman Jack Clark, the intent, if not the language, of the Henderson ordinance is clear: Play in the street, but pick up after yourself when you are done. And when cars come, stop playing and move to the side of the street.

"The true issue is neighborhood courtesy," Cyphers said. "It's just appropriate manners that should be taught or need to be taught. This ordinance is not trying to stop kids from playing in the street."

Hafen said, however, that the ordinance as written is too vague and could have the unintended effect of stopping kids from playing in the street.

"Let's face it," he said. "If kids are riding a bike, or even adults really, that could be construed as impeding traffic. That's the only question that has to be answered."

Clark said the proposed ordinance could provide a useful "hammer" for police to approach the "one tenth of one percent" of parents who haven't taught their kids to make way for traffic while playing in the street.

"But frankly, I'm not convinced we need half a million laws to enforce the Ten Commandments," Clark said. "Be good to your neighbor."

Like Clark, Lt. Art Redcay, spokesman for North Las Vegas Police, said state laws already prohibit pedestrians from traveling in public streets unless they are in a crosswalk or no sidewalk is provided. Both men said the laws are rarely enforced.

"Jiminy Christmas," Redcay said, when told of the proposed ordinance. "That would be kind of redundant. I don't know why Henderson would feel compelled to enact a law already in state NRS (Nevada Revised Statutes)."

In Boulder City, City Attorney Dave Olsen also had his doubts.

"Things are a little more relaxed out here in that regard," Boulder City Attorney Dave Olsen said.

"I wonder if they're going to create more problems than they want," he said.

Defense attorneys might have a field day with the broad language of the law, Olsen said, and police could be "run ragged" by calls from residents reporting unattended hoops or kids constricting traffic.

Former Henderson resident Karen Fraley, now the legal adviser for the Reno Police Department, said such an ordinance would be another tool for Henderson police, as it is in Reno.

In eight years, however, she said she has yet to hear of the ordinance being enforced, and kids across Reno play basketball and other sports in public streets every day after school. "Yes, kids do that. They have a little pickup game after school. That's as American as apple pie," she said. "But the fact of the matter is, it can be dangerous for them. And streets are for cars."