A.
No
person shall install or maintain any bench on any street without first
having obtained a bench permit therefor from the city manager.
B.
A separate
permit must be obtained for each bench, which permit shall be valid
only for the particular location specified therein; provided, however,
whenever the location of a bus stop is moved, the benches permitted
at such stop may be moved to the new location without further action,
except the notification of the city manager and the notification of
the owner or occupant of the abutting property in the same manner
as required for an original application for a permit.
(Prior code § 17-62)
A.
Form
— Contents. Applications for bench permit shall be made upon
a form prescribed by the city manager, showing the proposed location
of each bench and such other information as the director of public
works may require.
B.
Signature.
Each bench permit application must be signed by the owner of the bench
for which the permit is requested.
C.
Affidavit.
1.
Each
application for an original bench permit or a relocation permit shall
be accompanied by an affidavit of the applicant.
2.
The
affidavit shall recite that the applicant has caused the owner or
person in lawful possession or control of the property abutting upon
the public street at the place where the bench is proposed to be located
to be personally served with a notice on a form prescribed by the
city manager. Such notice shall state that the applicant shall file
an application for a permit and that the person receiving such notice
may object to the location of the bench.
(Prior code §§ 17-63, 17-64, 17-65)
Detailed plans and specifications of each bench shall be supplied
by the applicant for a bench permit with each application, unless
the applicant has filed a set of standard plans and specifications
with the city manager, in which event only a reference to such plans
and specifications on the application shall be necessary.
(Prior code § 17-66)
The original application for a bench permit shall be accompanied
by an application fee as provided in this chapter for the processing
of the application.
(Prior code § 17-67)
A.
No
permit shall be issued or renewed pursuant to this chapter unless
the applicant posts and maintains with the city manager a bond or
policy of public liability and property damage insurance, approved
by the city attorney and conditioned as hereinafter required.
B.
The
bond or policy shall be conditioned that the permittee shall indemnify
and save harmless the city, its officers and employees from any and
all loss, costs, damages, expenses or liability which may result from
or arise out of the granting of the permit, for 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 the
permittee's expense at all times during the period for which the permit
is in effect, and thereafter until the bench is removed or title thereto
is transferred to another permittee. Such bond or policy shall also
state that it shall not be canceled or amended except upon thirty
days' prior written notice thereof to the city manager. The policy
shall be renewed and submitted for approval at least thirty days prior
to its expiration date. 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.
C.
The
limit of liability upon any bond or policy of insurance posted pursuant
to the requirements of this chapter shall, in no case, be less than
fifty thousand dollars for bodily injury to or death of one person,
nor less than twenty-five thousand dollars for property damage. The
permissible limits of liability for bodily injuries or death of more
than one person shall depend upon the number of bench permits covered
thereby and shall not be less than the amount specified in the following
schedule:
|
Number of Bench Permits
|
Limit of Public Liability
|
Property Damage
|
|---|---|---|
|
1 to 10
|
$100,000.00/300,000.00
|
$ 25,000.00
|
|
11 to 25
|
$100,000.00/300,000.00
|
$50,000.00
|
|
25 or more
|
$100,000.00/300,000.00
|
$100,000.00
|
(Prior code § 17-72)
A.
Obstruction,
Hazard or Detrimental Condition. An application for a bench permit
shall be denied if the city manager finds that the maintenance of
the bench would tend to obstruct passage along any public way or create
a hazard, or would otherwise be detrimental to the public safety,
welfare or convenience.
B.
Failure
to Pay Fee and Accept Permit. An application for a bench permit shall
be canceled and denied if the applicant fails to deposit the permit
fee required by this chapter and accept the permit within ten days
after notice of approval of the application by the city manager.
(Prior code §§ 17-68, 17-69)
A.
The
application for a bench permit may be canceled and denied, or the
permit revoked, as the case may be, if sixty percent of the property
owners and tenants living or having their place of business within
two hundred feet of the location of the benches protest the same.
B.
If
the owner, tenant or person in lawful possession or control of the
property abutting upon the street at the place where the bench is
to be located objects to the maintaining of a bench, and gives written
notice thereof to the city manager at any time before or within ninety
days from the date the permit is issued, the permit may be denied
or revoked. If such written notice is received by the manager after
ninety days from the date of the permit, the permit may not be revoked
but renewal thereof shall be denied on the next renewal date.
(Prior code §§ 17-70, 17-71)
In the event two or more permit applications are received for
a bench location, priority shall be given to the applicant who filed
the application first.
(Prior code § 17-73)
Not more than two bench permits shall be issued for any one
location, unless the city manager finds, after investigation, that
more than two benches are required to accommodate persons desiring
to use benches at that location.
(Prior code § 17-74)
In addition to the application fee required by Section 12.24.060, a bench permit fee as provided in Section 12.24.260 shall be collected at the time the permit is issued.
(Prior code § 17-75)
Each bench permit issued pursuant to this chapter shall bear
a separate number.
(Prior code § 17-76)
Each bench permit issued pursuant to this chapter shall expire
on the first day of January next following the date of issuance, unless
the permit has been renewed, in which case the date of expiration
of the most recent renewal shall control.
(Prior code § 17-77)
Each bench permit issued pursuant to this chapter may be renewed, provided a renewal application is filed and a renewal fee as provided in Section 12.24.260 is paid prior to the expiration date of the permit. Failure to renew a permit in accordance with this section shall cause an application for renewal to be treated as an original application.
(Prior code § 17-78)
A.
Any
bench permit may be revoked or renewal thereof denied by the city
manager for any violation of any of the provisions of this chapter,
for any fraud or misrepresentation in the application, or for any
reason which would have been grounds for denial of the application.
B.
Any
bench permit issued pursuant to this chapter shall be canceled and
revoked if the permittee fails to install the bench within thirty
days after the date of the issuance of the permit.
(Prior code §§ 17-79, 17-80)
Any denial of the application or renewal of a bench permit,
or revocation of the same, may be appealed to the council, whose judgment
shall be final.
(Prior code § 17-81)
