means a seat located upon public way for the accommodation of passersby or persons awaiting transportation.
(Prior code § 6409(A); Ord. 1881, 1994)
No person shall install or maintain any bench on any street within the city without first obtaining a written permit therefor from the city license collector. A separate permit must be obtained for each bench, which permit shall be valid only for the particular location specified thereon. Each permit shall bear a separate number.
(Prior code § 6409.1; Ord. 1881, 1994)
(a)
The license collector shall prepare printed forms of application to be used hereunder.
(b)
Applications must be made on said forms.
(c)
Each application shall be addressed to the city license collector and shall show:
(1)
Name and address of applicant who must be the owner of such bench;
(2)
Location of the bench;
(3)
A description of the bench showing its type, general dimensions, and material of construction;
(4)
A statement by applicant that applicant is familiar with the provisions hereof as same exists at the date of said application, approves the same, and if granted the permit applied for, will observe and abide and be bound by, such provisions.
(d)
If the application is granted, an annual fee per bench included within the application shall be collected; said fees shall be established by city council resolution and shall be collected at the time of issuance of the permit or permits.
(e)
Any person who objects to the installation and maintenance of a bench may petition the city council for a hearing. The council shall decide if the bench shall be removed and the permit revoked. The decision of the council shall be final. Should an application be denied or revoked, all future applications for this location will be denied unless the reason for such denial has been eliminated.
(f)
Each permit and each renewal permit shall expire on December 31st next following the date of its issue, unless renewed. A fee established by city council resolution shall be charged and must be paid for each annual renewal of each permit.
(g)
Application for renewal must be made thirty days prior to the expiration date of permit, and must be accompanied by the renewal fee.
(h)
No permit may be transferred and whenever a bench for which a permit has been sold, or title or control thereof is transferred, a new permit must be obtained by the new owner for its location and maintenance.
(i)
The city may install and maintain publicly owned benches at permitted locations and such publicly owned benches shall be counted toward the limitations set forth in subsections (j) and (k) of this section. Publicly owned benches shall take precedence over privately owned benches whether or not the privately owned benches were installed prior to the publicly owned benches. If the limitations set forth in subsections (j) and (k) of this section are exceeded, any and all privately owned benches must first be removed to satisfy the limitations.
(j)
Adjacent to commercially zoned areas there shall be no more than two benches per location, whether privately or publicly owned, including bus shelter benches.
(k)
Adjacent to residentially zoned areas, there shall be no more than one bench per location, whether privately or publicly owned, including bus shelter benches.
(Prior code § 6409.2; Ord. 1470 § 8, 1978; Ord. 1881, 1994)
(a)
All locations shall be approved by the public works director or the designee of such official prior to placement of a bench. If the placement or renewal of a private bench is disapproved, the reasons will be provided in writing.
(b)
Benches shall be installed only immediately adjacent to recognized bus stops.
(c)
All benches shall be parallel to curb.
(d)
No bench may be moved to any unlicensed location.
(Prior code § 6409.3; Ord. 1881, 1994)
(a)
Each bench shall be constructed with concrete supports not less than three inches thick and with wooden seats and backs. No bench shall be more than forty-two inches high or more than thirty inches wide nor more than seven feet long. Each bench shall have displayed thereon in a conspicuous place the name of the company.
(b)
The company shall maintain each bench at all times in a clean, attractive and safe condition, free from broken, damaged or unsanitary parts, and shall inspect such benches at frequent intervals to ensure their being maintained in accordance with this chapter. The city may require the company to install paving beneath any bench placed on a nonpaved area.
(Prior code § 6409.4; Ord. 1881, 1994)
The company shall have the privilege of displaying advertising upon the front and rear surfaces of the back rest of all such benches subject to the following conditions:
(1)
No advertising shall appear on any other part of the bench;
(2)
Not more than seventy-five percent of each surface of the back rest shall be used for advertising;
(3)
No advertising, signs, writing, or device on any bench shall display the words "stop," "look," "listen," "danger," "drive-in" or "detour" or other words or symbols which might interfere with or confuse traffic;
(4)
No such advertising shall be contrary to public policy or morals or offensive to the senses;
(5)
No bench shall advertise any alcoholic beverage.
(Prior code § 6409.5; Ord. 1881, 1994)
(a)
Any bench installed without a permit may be removed by the city public works department at the direction of the public works director.
(b)
After the revocation, expiration or denial of any permit, the public works director may order the removal and storage of the bench, if the permittee fails to do so within ten days after notice.
(c)
The permittee may recover the bench, if within sixty days after the removal, he pays the cost of such removal and storage. After sixty days, the city council may sell, destroy or otherwise dispose of the bench at its discretion. All of the foregoing shall be at the sole risk of the permittee, and shall be in addition to any other remedy provided by law for the violation hereof.
(Prior code § 6409.6; Ord. 1881, 1994)
(a)
No permit shall be issued pursuant to this chapter unless the applicant shall post and maintain with the city license collector a surety bond or policy of public liability insurance, approved by the city and conditioned as hereinafter provided.
(b)
The bond or policy shall be conditioned that the permittee shall indemnify and save the city, its officers and employees from any and all loss, costs, damages, expense or liability which may result from or arise out of the granting of the permit, or the installation or maintenance of the bench for which the permit is issued and that the permittee shall 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 bond or policy of insurance shall be maintained in its original amount by the permittee at his or her expense at all times during the period for which the permit is in effect. In the event that two or more permits are issued to one permittee, one such bond or policy of insurance may be furnished to cover two or more benches, and each bond or 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.
(c)
The limit of liability upon any bond or policy of insurance, posted pursuant to the requirements hereof, shall in no case be less than one million dollars for bodily injuries to or death of one person, nor less than fifty thousand dollars for property damage.
(d)
The bond or policy shall state its noncancelability without thirty days notice to the city.
(Prior code § 6409.7; Ord. 1881, 1994)
The public works director and license collector shall enforce the provisions hereof. Upon default of any provisions hereof, any permit granted hereunder may be revoked by the public works director.
(Prior code § 6409.8; Ord. 1881, 1994)