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Elyria committee votes to repeal 80-year-old 'games in the street' ordinance after neighborhood dispute
Summary
The Utility Safety and Environment Committee voted to repeal Elyria Codified Ordinance 3.11.06 — a 1945 rule on "games in the street" — after discussion that it is antiquated, unenforceable and has been invoked in a neighborhood conflict. Committee members and residents described both safety and nuisance concerns; the repeal passed by voice vote.
The Utility Safety and Environment Committee voted Wednesday to repeal Elyria Codified Ordinance 3.11.06, the city’s 1945 law regulating "games in the street," after committee members and city legal staff said the provision is antiquated and effectively unenforceable.
Law Director Dirie said the ordinance is nearly 80 years old and "cannot ... be usable as is," noting the text does not distinguish the actor’s age and refers to streets "set aside for playground purposes," a procedure the city no longer uses. Dirie told the committee other existing city rules and state laws can address traffic impediment, noise or property damage and that juvenile actors could be handled by juvenile court where appropriate.
The law director’s recommendation came amid a neighborhood dispute in Briar Lake. Resident Jason Bendick, who identified himself as the owner of 126 Briar Lake Drive, urged full repeal and said enforcement of the ordinance had been used against his family: "we have been subjected to repeated threats of police involvement, videotaping of my children, harassment, name calling, and the spread of misinformation," Bendick said. Opponents also spoke. James McGlamory, who said he lives at 115 Prayer Lake Drive, described safety and nuisance concerns, saying as many as "12 or more children at times playing in the streets, even after dark," and added "the children are sometimes loud." Another neighbor, John Tara of 122 Briar Lake Drive, said earlier mediation efforts appeared to resolve the issue briefly but that tensions resurged.
Committee members discussed that the ordinance has little practical penalty and may not cover some concerns raised by neighbors. Dirie repeated that the ordinance "does not address bike riding in the street" or noise, and that its text only covers games that fall within a specific legal meaning of "game." Several committee members urged neighbors to negotiate local compromises while the committee considered code changes.
After discussion, Councilman Stewart moved to repeal Ordinance 3.11.06; the motion was seconded by Councilman Armstrong. The committee approved the repeal by voice vote. The motion was introduced and carried in committee; any repeal would next follow the city’s legislative process for passage by full council as required by local rules.
Discussion (not action): speakers raised both public-safety and quality-of-life concerns and described prior attempts at mediation; the committee distinguished those issues from the limited applicability and enforceability of the 1945 ordinance. Decision/direction: committee formally approved legislation authorizing repeal of 3.11.06 and will forward the repeal measure per normal legislative steps.
The committee chair closed the item urging neighbors to work toward a compromise and moved on to the next agenda item.
