A St. John's man is calling foul after being ordered to remove a basketball net from the sidewalk in front of his house.

Earlier this month, Craig Smith, who lives in the Southlands neighbourhood, got a letter from the City of St. John's telling him the city had "received complaints of basketball, hockey nets and/or skateboard ramps impeding the City street or sidewalk."

He was given 48 hours to remove the equipment.

I understand the safety concern, and it's not for every street … this is a cul-de-sac in a suburb intended for family living. - Craig Smith

"I kind of chuckled, and I sort of got a little bit upset at the same time, because it was really strong legal terms," Smith told the St. John's Morning Show on Thursday morning.

"If I don't pay it, there'll be a lien against my property and so on and so forth."

The city warns that if he doesn't move it, he could face a ticket of $100 — and a maximum fine of $5,000 if the problem requires legal action and Smith is convicted.

Hoop used by whole neighbourhood

Smith, who is a firefighter with the St. John's Regional Fire Department, acknowledged the movable net — the pole is set in a base that is filled with water for stability — is on the curb in front of his property.

"I typically leave it outside, because it is weighted," he said. The weight of the water in the base makes it inconvenient to bring it outside and back in each time his three sons want to use it, Smith said.

Craig Smith says the city should concentrate on ways to get kids active instead of making threats about the removal of basketball nets. (Bruce Tilley/CBC)

"To bring it out, and bring it back in, bring it out, bring it back in — it's a pain. It's time-consuming and I'm not always there when the kids want to play basketball."

Newfoundland has the largest rate of childhood obesity in the country. - Craig Smith

His boys use the net every day, he said — and they're not the only ones. Other kids, and even parents, all use his net.

"Almost all the kids on my street use it," he said.

"I'm the only one on that street, of a cul-de-sac, that has a basketball net. My three, the two next door, the four, five across the street and so on."

Smith says his three sons and many of the neighbourhood kids use the basketball net and he thinks the city is being heavy-handed. (Bruce Tilley/CBC)

Smith said it would be one thing if he were on a high-traffic street, but he's on a cul-de-sac.

"I understand the safety concern, and it's not for every street," he said. "Obviously we can't put it on residential [streets] Lemarchant Road, Topsail Road; however, this is a cul-de-sac in a suburb that's intended for family living."

He also said the city is sending the wrong message by targeting sports equipment.

"Newfoundland has the largest rate of childhood obesity in the country. This is something for the kids to get out and play," he said.

"It's free, there's no cost involved, it's interactive, it's social, instead of being inside on social media and on their phones and Instagram — we would think that we would encourage this."

Craig Smith received this letter from the City of St. John's earlier this month. (Craig Smith/Facebook)

The letter from the city cites Section 3.0 of the St. John's anti-litter bylaw, which states no one shall "obstruct, litter or befoul any street, sidewalk or public place" with "any unsanitary, offensive or injurious substance or article of any kind" or leave "any dilapidated or unsightly vehicle, machine, article or thing" on a street or sidewalk.

The letter also cites Section 149.1 of the St. John's Act, which prohibits people from leaving "boxes, barrels, packages, or other matter or thing, so as to obstruct free passage on the street or sidewalk."

Section 149.1 of the St. John's Act states the fine shall not exceed $25 — or 60 days' imprisonment. The anti-litter bylaw doesn't specify a fine but refers back to a section of the St. John's Act that states that the fine for an offence without a specified penalty shall not exceed $5,000.

City acts on complaints, 70 so far

"We only react on a complaint basis," said Coun. Sandy Hickman, chair of the city's police and traffic committee.

"We do not drive around and look for kids playing in the street and yell at them and get them off the street."

There have been about 70 "infractions" brought to the city's attention so far this year, he said, but "they have not all been acted on."

Coun. Sandy Hickman shoots some hoops with the St. John's Morning Show on Friday. Hickman told CBC that a letter sent asking people not to leave basketball nets on the sidewalk or street is done entirely on the basis of complaints from the public. (Stephanie Kinsella/CBC)

Hickman said the city is not trying to stop children or teenagers from playing in the street, but a 1997 bylaw prohibits material that could be a safety risk from being left on the street.

He said people using street cleaning equipment and garbage collection trucks, for example, might not see an impediment behind a parked car or a child playing in the area.

But allowing a child to play in the street is a parent's decision, Hickman said.

"This is done entirely on a complaint basis."

"These are roadways for cars. You're making a decision on your own as a parent or as a young person to play ball hockey or basketball or rollerblade or whatever in the street, then you take that responsibility. The city will not, however, do anything except, unless there's a complaint made. There's only one word that has to be remembered here, and that's safety."