It is lawful to place and maintain on sidewalks and sidewalk parking strips of the City, benches for the free use and accommodation of all pedestrians and persons awaiting transportation, and whereon may be displayed the name, address and character of business, calling or enterprise of any person, firm or institution, and the City Recorder is hereby authorized to grant permits therefor. The permits shall be for a period of one year, or a fraction thereof, and shall expire at the end of the calendar year, subject nevertheless, to the strict observance and in full compliance with the conditions set forth in this chapter.
(Ord. 2851 § 1, 1959)
Before the issuance of any such permit, the written and signed approval of the owner, lessee, and/or tenant of the property abutting the location of each such bench shall be obtained and filed with the City Recorder, together with the written application of the applicant, and accompanied by a description of the proposed bench, showing its size, design, and proposed location. The City Recorder may either deny or allow the permit as in his/her discretion appears to the best interest of public safety and convenience. In case the City Recorder shall deny any such permit, he/she shall make and keep in the records of his/her office a brief written statement of the reasons for the denial, and upon request shall furnish the applicant with a copy thereof, and the applicant may, within 30 days after the receipt of such notice, appeal to the Common Council from the ruling of the City Recorder; and if he/she fails to do so, the decision of the City Recorder shall be deemed final.
(Ord. 2851 § 2, 1959; Ord. 5026 § 1, 1993)
No bench shall be more than 50 inches high or more than two feet six inches wide, nor more than six feet long overall. To discourage upsetting and vandalism, benches shall be of heavy construction, and shall weigh approximately 400 pounds, or shall be bolted or otherwise secured in place in such a manner as to prevent tipping or upsetting.
(Ord. 2851 § 3, 1959)
All such benches shall be kept and maintained in good and substantial state of repair, and shall be painted frequently enough to keep them sightly and attractive. The City Council shall reserve the right to designate the lettering of an area not exceeding one square foot in order to denote City sponsored special direction.
(Ord. 2851 § 5, 1959)
Every application for a permit to install any such bench shall be accompanied by a fee of [____], which shall cover the whole or remainder of the then current calendar year.
(Ord. 2851 § 6, 1959; Ord. 5026 § 1, 1993)
Any permit granted under the provisions of this chapter may be revoked, or renewal thereof denied 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, and if the abutting owner withdraws his/her consent to the continued maintenance of any bench, and gives written notice thereof to the City Recorder, then at the expiration of the current term of the permit, a renewal of the permit shall be denied. Any permit issued under this chapter shall be denied, canceled and revoked if the permittee fails to install the bench within 60 days after the issuance of the permit.
(Ord. 2851 § 8, 1959; Ord. 5026 § 1, 1993)
Upon the termination of any such permit, or when in the judgement of the City Recorder any such bench interferes with the making of any public improvement, or when in the judgement of the officer any such bench becomes or constitutes a hazard to the safety of persons or vehicles using the sidewalk or street in the immediate vicinity of the bench, the person or persons responsible for the installation and/or maintenance of such bench shall at his/her own sole risk and expense remove the bench and shall leave the site thereof in a clean and sightly condition, and in as good state of repair as the same was in when such installation was made, all in a manner satisfactory to the City Recorder. If the permittee fails to remove any such bench within 30 days after the termination of such permit, the City Recorder may remove such bench from the street, all at the sole risk of the permittee, and he/she shall pay to the City a penalty of $1,000 to cover the cost of such removal, all this in addition to any other remedy provided by law for the violation of this chapter.
(Ord. 2851 § 9, 1959; Ord. 5026 § 1, 1993)