[9-20-1948, § 1]
For the purposes of this article the following words and phrases
shall have the meanings respectively ascribed to them by this section:
A seat located upon public property along any public way
for the accommodation of passersby awaiting transportation.
Any public thoroughfare or way including the sidewalk, the
parkway and any other public property bordering upon a public way.
[9-20-1948, § 3]
No person shall install or maintain any bench as defined in
this article on any street without a license.
[9-20-1948, § 3]
A separate license must be obtained for each bench regulated
by this article, which permit shall be valid only for the particular
location specified thereon.
[9-20-1948, § 3]
Each bench license shall bear a separate number and not more
than two licenses shall be issued for any one location.
[9-20-1948, § 3]
No bench license shall be issued under this article except upon
written application, made upon a form prescribed by the President
and Board of Trustees, showing the proposed location of each bench,
the advertising, if any, to appear thereon and such other information
as the President and Board of Trustees may require.
Detailed plans and specifications of each bench shall be supplied
by the applicant.
[9-20-1948, § 5]
The application for a license referred to in this article shall
be denied if the President and Board of Trustees shall find that the
maintenance of the bench would tend to obstruct passage along any
public way or to create a hazard or would otherwise be detrimental
to the public safety, welfare or convenience.
[9-20-1948, § 5]
The application for a bench license shall be cancelled and denied
if the applicant fails to deposit the annual fees and accept the permit
within 10 days after notice of the approval of the application by
the President and Board of Trustees.
[9-20-1948, § 5]
Any bench license may be revoked, or renewal thereof denied,
for any violation of any of the provisions of this article, for any
fraud or misrepresentation in the application, or for any other reason,
the issuance and revocation of the licenses being in the sole discretion
of the President and Board of Trustees as to the number of licenses
to be issued and the renewal thereof.
Any license issued under this article shall be cancelled and
revoked if the permittee fails to install the bench within 60 days
after the date of issuance of the license.
[9-20-1948, § 8]
The building commissioner of the Village shall supervise the
maintenance and erection of all benches, under the provisions of this
article.
[9-20-1948, § 10]
No bench license shall be issued pursuant to the terms of this
article, unless the applicant shall post with the Village Clerk, a
policy of public liability insurance as the Village Clerk may approve,
and approved by the President and Board of Trustees and conditioned
as hereinafter provided in this section.
(a)
The public liability insurance policy shall be conditioned that the
licensee will indemnify and save harmless the Village, its officers,
agents and employees from any and all loss, costs, damages, expenses
or liabilities which may result from or arise out of the granting
of the license, or the installation or maintenance of the bench for
which the license is issued, and that the license will pay any and
all loss or damage that may be sustained by any person as a result
of, or which may be caused by or arise out of such installation or
maintenance. The insurance policy shall be maintained in its original
amount by the licensee at his own expense, at all times during the
period for which the license is in effect. In the event that two or
more permits are issued to one licensee, one such policy of insurance
may be furnished to cover two or more benches, and each policy shall
be of such a type that its coverage shall be automatically restored
immediately from and after the time of the reporting of any accident
from which liability may thereafter accrue.
(b)
The limit of liability upon any policy of insurance, posted pursuant
to the requirements of this article, shall in no case be less than
$15,000 for bodily injuries or death of one person. The permissible
limit of liability for bodily injuries or death of more than one person
shall depend upon the number of bench licenses covered thereby and
shall not be less than the amount specified in the following schedule:
|
Number of Bench Licenses
|
Limit of Liability
|
|---|---|
|
1 to 10
|
$30,000
|
|
11 to 50
|
$40,000
|
|
51 to 100
|
$60,000
|
|
101 or more
|
$100,000
|
[9-20-1948, § 9]
The President and Board of Trustees shall designate the locations
where benches regulated under this article are to be erected, and
reserves the right to change, alter or amend the designation of such
location as public convenience and necessity may from time to time
require.
[9-20-1948, §§ 2,
3; 86-24, 4-21-1986, § 1]
Benches are expressly prohibited in the following places:
(a)
In any alley.
(b)
At any location where the distance from the face of the curb to the
property line is less than eight feet.
(c)
At any location distant more than 50 feet from the nearest intersecting
street; provided that whenever, in the opinion of the President and
the Board of Trustees, observance of this requirement would result
in inconvenience or hardship, this requirement may be waived by the
President and Board of Trustees.
(d)
No licensee shall locate or maintain any bench at a point less than
18 inches or more than 30 inches from the face of the curb, and each
bench must be kept parallel with the curb.
(e)
At any place except an existing street, highway stop or passenger
bus stop.
(f)
Pursuant to Section 45-70 and this section of the Code of the Village of Elmwood Park, Illinois, as amended, no person shall install or maintain any bench, as defined in Section 45-60 of the Code, upon public property. This prohibition shall not apply to benches located within shelters for the convenience and comfort of persons waiting for buses or other public transportation, provided that any additional license or permit, as required, is obtained from the highway authority having jurisdiction over said street or highway.
(g)
At any other place or places which the President and Board of Trustees
may from time to time specify.
[9-20-1948, § 5]
No bench shall be more than 42 inches high nor more than two
feet, six inches wide, nor more than seven feet long, overall.
[9-20-1948, § 5]
Each bench regulated hereunder must have displayed thereon,
in a conspicuous place, the name of the licensee and the license number.
[9-20-1948, § 6]
It shall be the duty of the licensee to maintain each bench
at all times in a safe condition and at its proper and lawful location,
and to inspect each bench periodically.
[9-20-1948, § 7]
No advertising matter or sign whatever shall be displayed upon
any bench regulated by this article except upon the front and rear
surfaces of the backrest, and not more than 75% of each such surface
shall be used.
No advertisement or sign on any bench shall display the words
"STOP," "LOOK," "DRIVE-IN," "DANGER" or any other word, phrase, symbol
or character calculated to interfere with, mislead or distract traffic.
