His crime: Playing street hockey.

The Apex Town Council last week tweaked its ordinances to let children play in cul-de-sacs, street stubs and dead-end streets.

The childhood rite of passage - playing in the street - has become a cause célèbre in southwestern Wake County, igniting a debate between safety and fun.

In the past year, the issue has sparked impassioned town-hall speeches, caused parents to report children to the police, and prompted concerned 11-year-olds to write pleading letters to elected officials.

Last year, Holly Springs considered restricting street play amid safety concerns and complaints from public works officials who said basketball goals and hockey nets created obstacles for garbage trucks.

Officials voted against the measure after 80 residents piled into town hall to fight it. One councilman said he didn't want to be part of a council that gave citations to children. "Kids have been playing in the street since I was a child," Holly Springs Councilman Chet VanFossen said at the time.

Apex's decision on Tuesday, approved with a 4-1 vote, was met with applause and a few hoots from a group of about 35 parents and Apex residents who donned red shirts to show solidarity.

"It should be a parental decision to allow children to play in cul-de-sacs - and not a town government decision," said Judy DeVivo, an Apex mother. "We chose to live in a cul-de-sac so our kids could play."

DeVivo became active in the fight to liberate kids from their yards and basements in January, when a neighbor reported her children for habitually playing in the street.

After the neighbor sent police a photo of the children in the act, an officer showed up at DeVivo's house and warned her that she could face arrest or a fine.

"It's not surprising that people were so engaged," Apex Councilman Bryan Gossage, one of two councilmen who asked for the amendments. "It doesn't get much closer to home than your front sidewalk."

Under the new rules:

Children must be directly supervised by an adult, guardian or their designee.

Play times are restricted between sunrise or 7 a.m., whichever is later, and sunset.

Sports and other recreation equipment can not be left out on sidewalks. Fines for equipment violations range from $50 to $250.

Play can not impede traffic or interfere with town maintenance.

In the name of safety

There was some resistance to the change. It came in the name of safety.

"I don't think the town should endorse an unsafe practice of children playing in right of ways," said Apex Councilman Mike Jones, who voted against the measure. "I'm also concerned about the lack of enforceability of what we have passed."

Several town departments - including public safety and risk management services - were also opposed to the amendments. One concern was increased liability issues for the town.

Apex did add a provision to the ordinance that will allow children to play within 100 feet of the end of the cul-de-sac or dead-end street - but not within 100 feet of an intersection. The purpose was to keep children away from cars on busy thoroughfares.

Jenny Harrison, a mother of two with another on the way, lives on a cul-de-sac and supported the amendments.

There are no parks within walking distance and some front yards aren't big enough. And Harrison has a creek in her backyard.

Her son, Ian Harrison, chimes in.

"You could throw and lose a football," he said. "And, you can't play roller hockey in your backyard - or ride your bike."

By Wednesday, despite the blazing heat, Ian and his friends were already taking advantage of their new freedom. Sweat streaking down their young faces, a group of six neighborhood boys had a game of baseball going. Ian took a swing, making contact with a pink ball. He was off, rounding first - a neighbor's mailbox - and arriving safely at second, an agreed-upon-spot at the middle of the cul-de-sac.

"This is the best cul-de-sac for baseball," said A.J. DeVivo, 9, about the town's decision. "The other houses are too close together.

"And, now we don't have to worry about the mean lady calling the cops."