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)
