Question: What are the city's rules regarding portable basketball backboard stands on public sidewalks in residential areas?

Answer: According to the city's sidewalk ordinance, they are not allowed on public sidewalks because they pose a hazard to pedestrians.

The city receives roughly 10 to 15 complaints a month about portable basketball stands on sidewalks in various parts of the island, according to Wallace Carvalho, chief of the Residential Code Enforcement Branch.

Some residents complained to the city that the stands pose a hazard for those who walk at night.

Basketball stands on the owner's property do not violate city residential codes.

“;But if you put it on the sidewalk area, then it becomes a problem. The area is for pedestrian traffic. That's its main purpose,”; said Carvalho. “;Our main concern is the sidewalk for pedestrian safety and pedestrian traffic. The city becomes liable if someone should fall.”;

Generally, city inspectors talk with property owners to correct a violation before a notice is issued. Most residents concur, but there are some cases where owners do not comply and notices of violation are issued, according to Carvalho.

John McGuire of Mililani Mauka was one of those residents who received a notice, but he said he does not believe the 12-foot portable basketball stand he placed next to a light post near the front of his home posed a hazard to pedestrians or blocked the sidewalk.

Within the past five years, McGuire had the basketball stand for his four children, ages ranging from 6 to 15. Other neighborhood children also used the stand while playing with his children in the cul-de-sac. McGuire said there are no basketball courts within walking distance.

The 15-year Mililani Mauka resident said his back yard is too small and grassy for the basketball stand and for his children to play the sport. His front driveway is also not an ideal spot because it is sloped.

In November 2007 the Department of Planning and Permitting issued McGuire a notice of violation for having the basketball stand on the sidewalk near his home at 95-1015 Kahualea St.

McGuire failed to remove the stand for a year until the city Department of Facility Maintenance sent him a letter in November. The letter stated that he would be billed $350 for crew members to remove the stand on Dec. 16 if he failed to remove it before the scheduled date.

McGuire removed the stand during the week of Dec. 7.

At one time, McGuire's neighborhood had several other basketball stands fronting his neighbors' homes, all of which have since been removed by the property owners.

While he understands the city's position to enforce residential codes, McGuire said he does not think the stand posed a problem since the cul-de-sac sidewalk is not heavily used by pedestrians. “;It's just another pole,”; said. “;There's no way that little concrete pad is needed for public use.”;

But Carvalho said the light post is in a planting strip area and not on the concrete, which is city property.