It is unlawful for any person to place or maintain on any public
street, road, alleyway, parkway, sidewalk or public property in the
city any advertising bench.
(Ord. 955 § 2, 2000)
"Advertising bench," for the purposes of the herein chapter
and Chapter 5.20, Repealed, means a seat for the use and accommodation
of a person and/or persons awaiting transportation, which seat is
located upon any public thoroughfare or public right-of-way including
a sidewalk, parkway or any public property bordering upon a public
right-of-way, regardless of whether said seat contains advertising
material or not.
(Ord. 955 § 2, 2000)
The provisions of this chapter apply to any advertising bench
placed or maintained on any public street, road, alleyway, parkway,
sidewalk or public property within the city.
(Ord. 955 § 2, 2000)
Any advertising bench lawfully in existence on the effective date of the ordinance adopting this Chapter 5.18, shall be allowed to continue in use for the period of time specified in the existing permit issued pursuant to the prior Chapter 5.20, Repealed, for that advertising bench plus six months, subject to the regulations contained in Chapter 5.20, Repealed, the following conditions and any other provisions contained hereto Chapter 5.18.
A.
All
license fees as well as all permit issuance fees and additional fees
required under Chapter 5.20, Repealed, must have been paid.
B.
All
deposits required by Section 5.20.050 of Chapter 5.20, Repealed, shall
have been paid. Such deposit or remainder thereof shall be refundable
to the permittee at the expiration of the permit, pursuant to the
provisions set forth in the aforementioned code section of Chapter
5.20, Repealed.
C.
A policy
of liability insurance shall be on file with the city engineer in
the amount of one million dollars, as was required by Section 5.20.060
of Chapter 5.20, Repealed. Such insurance shall name the city as additional
insured, and shall provide the city with thirty days' prior notice
of any cancellation of such insurance. If such insurance is at any
time canceled during the term of the permit, the permit is immediately
revoked. In such case, all such advertising benches covered by the
permit must be removed within forty-eight hours of the cancellation
of such insurance, or they will be impounded by the city engineer.
D.
Only
those advertising benches that are currently located at locations
previously approved by the city engineer pursuant to Section 5.20.030
of Chapter 5.20, Repealed, shall be allowed to remain.
E.
Lawfully
existing advertising benches shall be placed not more than twenty-five
feet from the bus stop the bus serves and not less than two feet from
the curb face at its closest point. Said advertising benches shall
be located on cement concrete. If a curbside sidewalk is not available,
the permittee shall install a cement concrete pad not less than forty-eight
inches by ninety-six inches in size. Such pad shall extend from the
inside edge of the curb and shall be constructed in accordance with
city standards. All benches shall be anchored in an approved manner
to the concrete slab or sidewalk, unless written approval has been
otherwise granted by the city engineer.
F.
Each
lawfully existing advertising bench shall bear the name and telephone
number of the owner of the bench in letters not less than one inch
in height and not more than two inches in height. This information
must be visible from the street.
G.
Each
lawfully existing advertising bench shall be maintained by the permittee
in good, safe, neat and clean condition and shall be repaired, removed
or replaced within ten days after notification by the city engineer,
provided, however, that in the event the city engineer determines
that the same is unsafe or creates a dangerous or defective condition,
the city engineer may order the same removed within twenty four hours.
If any bench is not repaired or removed by the permittee within the
time specified by the city engineer, the same may be removed by the
city and the cost thereof shall be chargeable to the permittee.
H.
Written
notification must be given to the city by the permittee within ten
days of the removal of any bench. Benches shall not be moved from
one location to another.
(Ord. 955 § 2, 2000)
A.
Any
advertising bench so placed or maintained on public property without
a permit to do so is declared to be a hazard to the health, safety
and welfare of the public and shall be immediately impounded by the
city engineer. Notice of such action and the right to request a hearing
in accordance with this title shall be mailed to the person, if known,
maintaining such advertising bench, within five working days after
such action. The request for such hearing must be presented to the
city engineer in writing within five working days of the date the
notice was mailed.
B.
If a
hearing on the impounding of the advertising bench is not timely requested,
or if the advertising bench is not returned in accordance with the
provisions of this chapter, the city engineer may sell or otherwise
dispose of the advertising bench and deposit the proceeds, if any,
from any sale or other disposition in the city treasury.
C.
A claimant
who provides sufficient proof of ownership of an impounded advertising
bench may, at any time up to and including the thirtieth day after
the impounding, and if a hearing pursuant to this chapter is held
concerning the advertising bench may, at any time up to and including
the thirtieth day after the decision at such hearing becomes final,
obtain a return of the advertising bench upon paying an impound fee
of twenty-five dollars plus the reasonable additional cost, if any,
of impounding the advertising bench in excess of twenty-five dollars.
(Ord. 955 § 2, 2000)
A.
Any
permit issued for such advertising bench may be revoked at any time
following a determination by the city engineer that the continual
maintenance of the bench would constitute a hazard to the health,
safety and welfare of the public using such street, road, alleyway,
sidewalk, parkway, or other public property in the city.
B.
The city engineer shall notify the permittee of such determination. The permittee may request in writing, in the manner set forth in Section 5.18.050 of this chapter, a hearing before the city engineer or his or her designate. A decision shall be rendered within five working days after the close of the hearing. The city engineer or his or her designate may give oral notice of the decision at the close of the hearing or may send written notice of the decision by mail.
(Ord. 955 § 2, 2000)
