ARTICLE XLIV. STREET FURNITURE OBJECTS

30.44.10 Statement of intent.

It is the intent of this article to provide specific standards for setting street furniture objects in the downtown and commercial zoning districts. This chapter recognizes that:

(a) For some businesses, setting street furniture objects is an integral part of doing business in the downtown and commercial zoning districts;

(b) The appearance of the public right-of-way in the downtown and commercial zoning districts is protected by providing measurable standards for street furniture object compliance with this chapter and policies referenced herein;

(c) Street furniture objects set out by one (1) merchant should not distract from the business operations of other merchants; and

(d) These standards are intended only to regulate the setting and placement of street furniture objects. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13)

30.44.15 Street furniture objects defined.

A “street furniture object” shall mean any object, other than a portable sign as regulated under section 30.37.90 or street merchandising under Article XLIII, which is placed in the public right-of-way. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13)

30.44.20 Permitted where.

Street furniture objects are allowed under the following conditions:

(a) Businesses eligible to place street furniture object in the public right-of-way in accordance with the “Policy for Placement of Street Furniture Objects in the Public Right-of-Way” shall comply with all provisions of that policy, as it is amended from time to time, including but not limited to the location of street furniture objects, insurance and indemnification requirements, permit approval, and all conditions of approval.

(b) Newspaper racks may be located in a public sidewalk subject to all of the following provisions:

(1) A horizontal path of at least four (4) feet wide shall remain unobstructed to allow for pedestrians travel along the sidewalk.

(2) Every person who owns a newspaper rack shall have his or her name, address, and business telephone number clearly and permanently affixed thereto in a place where it may be seen by anyone using the newspaper rack.

(3) No newspaper rack shall be located on a sidewalk:

a. Within twenty (20) feet of the intersection of two (2) public streets;

b. Within five (5) feet of any marked crosswalk;

c. Within five (5) feet of any driveway;

d. Within five (5) feet of any fire hydrant or any other emergency facility;

e. Within five (5) feet of any bicycle rack;

f. Within two (2) feet of any curb where parking is allowed;

g. At any location where the newspaper rack causes, creates, or constitutes a traffic hazard, as deemed by the director of public works;

h. As measured parallel to the flow of traffic, within five (5) feet ahead of or within twenty-five (25) feet to the rear of any sign or pavement marking designating a bus stop;

i. At any location where the newspaper rack obstructs or interferes with access to or the use of abutting property;

j. Within five (5) feet of any display window or in such a manner as to interfere with the reasonable use of such a window for display purposes;

k. At any location where the newspaper rack obstructs access to any public or private facilities that require access to serve the public need, including but not limited to utilities;

l. At any location where the newspaper racks conflict with the accessibility regulations; or

m. At any location where the clear space for the passage of pedestrians would be reduced to less than four (4) feet wide;

(4) Newspaper racks conforming to all provisions in this section shall not require issuance of a continuous encroachment permit; provided, that the owner of the newspaper racks provides insurance in accordance with the requirements for placement of other types of street furniture objects in the right-of-way, pursuant to subsection (c) of this section.

(c) In accordance with the “Policy for Placement of Street Furniture Objects in the Public Right-of-Way,” prior to placing street furniture objects in a public right-of-way, the business owner shall indemnify the city, procure insurance, and submit to the city a certificate of insurance in an amount and form acceptable to the city’s risk manager, adding the City of Gilroy as an additional insured to the owner’s comprehensive general liability policy. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13)