In January, the city amended Chapter 19 (by way of Ordinance 65-20-40) with confusing language to attempt to allow "temporary recreational structures" in residents' right-of-way areas near/in the street. This same ordinance has language that says literally nothing else for private or personal use is allowed (including signs, from another chapter). This stemmed from a complaint that several basketball goals in the right-of-way areas were causing public safety, environmental and nuisance concerns. These types of structures also include trampolines, soccer goals, skate and bike ramps, batting cages, volleyball nets, and similar structures that would not be put away when not in use. Some even look very unstable and are in need of repair. The city is not consistent with its enforcement of the new language. They have refused to explain or change the language, despite numerous attempts to elected officials AND city managers/staff. The planning department gave suggestions to the city/commission that they did not add to the ordinance. The language still does not allow these structures to be placed in the right-of-way areas, along with any other structure that is for private or personal use, but the city refuses to consistently enforce this. They have forced homeowners to remove signs, but not basketball goals or trampolines. They have decided to use their discretion on whether any structure in the right-of-way areas pose harm to public safety or to the environment. We are requesting the city revise the ordinance to reflect updated public safety and environmental concerns. "Temporary recreational structures" should be just that: temporary, and removed when not in use. Or, they should not be allowed at all, since we aren't even allowed to put a sign (or any other structure for private or personal use, per the language) in those same areas. In addition, that same ordinance currently does not allow any type of landscaping other than sod, which can cause extra stormwater, pesticide and fertilizer runoff into our sewer/water systems. Solid concrete and other obstructions - such as plastic bases of basketball goals - should not be allowed in these right-of-way areas and other landscape alternatives should be included or considered that help prevent runoff (such as landscape stones, mulch, or Florida-friendly groundcover/plants - not to exceed the city's height maximum), as long as it's not running into the street. Or, the line with "sod" needs to be removed. Most environmentally-conscious homeowners in our city have alternatives to sod already in place in their yards, and the ordinance needs to reflect that in the language. The city recently planted new trees in many right-of-way areas in town, so we ask the city to update the ordinance to reflect other environmentally-friendly guidelines, as well. The city cannot regulate everyone's entire yard, but they can regulate the most important part of the yard that is connected to our streets and sewer system. The changes to this ordinance are crucial and should be made a priority. These changes will not only promote better public safety by keeping children away from the street, but will also reflect better environmentally-conscious landscape choices. Again, this only applies to the right-of-way areas in homeowners' yards, not their entire yards.
