Wednesday, Aug. 25, 2010

Holly Springs won't restrict playing in the streets

Residents can continue to use basketball goals, hockey nets and other recreational equipment in town streets after a decision by the Town Council.

The council voted 3-2 not to make new rules, despite some residents' concerns about safety and complaints from public works officials who said sports devices create obstacles for garbage trucks and other town vehicles.

More townsfolk were upset by the possibility that Holly Springs would regulate such equipment. Many wanted the town to crack down on drivers rather than limit where residents could play.

Councilmen Chet VanFossen and Parrish Womble led the push against any action, saying the complaints were few and isolated. Councilman Jimmy Cobb provided the swing vote. VanFossen said he didn't want to be known as part of a council that gave citations for children playing in the street. "Kids have been playing in the street since I was a child," he said at a council meeting last week.

VanFossen's comments illustrate the dilemma town officials faced: They didn't want to be too restrictive, but they wanted to avoid leaving the town liable for injuries or damaged property.

At a meeting Tuesday, Town Attorney John Schifano gave the council three options: One was to allow police to fine users and owners of equipment left in the street. Another was to require residents to store recreational devices closer to their homes.

The council chose the third option: Do nothing.

"I think they made the only logical choice," said Beth Nathison, who spoke against proposed ordinances at a meeting this month.

Nathison, the mother of four children, thinks the town has more pressing issues to worry about and would rather her children play in the street in front of her home than go out and get into trouble. She thinks the town should shift its focus to catching speeders.

"I appreciate the three [council members] that recognize it's up to parents and residents to keep track of their property - not the town," Nathison said.

Beth Christo saw it differently. At a town meeting last month, Christo said children in her cul-de-sac were difficult to drive around. Her complaint led the town to consider adopting rules.

"I was hoping, at the very least, they would make them get [the equipment] off the street when they're not in use," Christo said last week.

Other towns have regulated sports equipment in public streets. Neighboring Apex bans the use of town streets for recreation and prohibits residents from leaving obstacles there. Cary prohibits leaving items in the way of traffic but doesn't restrict residents from playing on town roads.

"In the best interest for the safety of our children, we certainly would discourage children from playing in the streets," Cary Police Major Tony Godwin said in ane-mail message.

Fuquay-Varina, like Holly Springs, has no ordinance that limits play or recreational equipment in town streets.

Luncie McNeil, the Holly Springs public works director, wished the council had voted for some restriction. McNeil said he often gets complaints from residents who claim that town trucks have damaged their basketball goals. The town, he says, is not responsible in those instances.

"They need to move it back from the street," he said.