Chapter 12.08
COURTESY BENCHES AND BUS STOP SHELTERS
Sections:
12.08.020 Permit—Required—Consent of property owners.
12.08.050 Permit—Bond or insurance required.
12.08.060 Permit—Issuance or denial.
12.08.080 Additional permits required.
12.08.090 Location and maintenance requirements.
12.08.100 Revocation of permit.
12.08.010 Application.
Courtesy benches for the convenience of local bus patrons and members of the general public, which benches contain advertising matter, may be installed and maintained upon public thoroughfares and sidewalks of the city by persons in the manner and subject to the conditions and regulations prescribed by this chapter. (Prior code § 15-16)
12.08.020 Permit—Required—Consent of property owners.
No courtesy bench may be installed or maintained by any person except upon the consent of the adjacent property owner and a permit obtained from the City Manager. No courtesy bench shall be permitted in any location for which a permit for a bus stop shelter has been issued pursuant to Section 12.08.110. (Ord. 1996-10 § 2: prior code § 15-24)
12.08.030 Permit—Application.
An application for a permit required by this chapter shall be submitted to the City Manager disclosing the name of the applicant, the location of the proposed courtesy bench together with any other information required by the City Manager. One application may be made for one or more benches; provided, however, a separate fee shall be paid as provided in this chapter. (Prior code § 15-25)
12.08.040 Application fees.
Each application for a permit required by this chapter shall be accompanied by a fee of two dollars ($2.00) for each courtesy bench; except that, if the application is filed on or after October 1st, in any year the fee shall be one dollar ($1.00) for each bench. No refunds or rebates shall be made when permits are revoked except as otherwise provided in this chapter. All fees collected shall be paid over to the City Treasurer and placed to the credit of the general fund. (Prior code § 15-26)
12.08.050 Permit—Bond or insurance required.
A. Before a permit for a courtesy bench shall be issued, the applicant shall post and maintain with the city a bond or policy of public liability insurance approved by the city and conditioned substantially as follows: That the permittee will indemnify and save harmless the city, its officers, agents and employees from any and all loss, costs, damages, expenses, or liability which may result from, or arise out of the granting of such permit, for the installation and maintenance of such bench for which a permit is issued and that the permittee will 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 expense at all times during the period for which the permit is in effect. In the event that two (2) or more permits are issued to one permittee, one such bond or policy of insurance may be furnished to cover two (2) or more benches and each bond or policy shall be the type where coverage shall automatically be restored after the occurrence of any accident or loss from which liability may thereafter occur.
B. The limit of liability upon any bond or policy so posted shall in no case be less than fifteen thousand dollars ($15,000) for death or injury of one (1) person, fifty thousand dollars ($50,000) for total liability for personal injury, and five thousand dollars ($5,000) for property damage.
C. Any bond shall be accompanied by good and sufficient sureties approved by the city.
D. The city shall notify the permittee of any claim of which the city has notice where such claim arises from the installation and maintenance of any courtesy bench as provided in this section. (Prior code § 15-27)
12.08.060 Permit—Issuance or denial.
If the City Manager finds that the applicant for a permit under this chapter has complied with all of the provisions of this chapter and that the maintenance of a bench at the proposed locations will not tend to obstruct passage or create a hazard to persons traveling on the public way in the vicinity thereof, he shall issue a permit; otherwise the application shall be denied. (Prior code § 15-28)
12.08.070 Permit—Expiration.
All permits issued under the provisions of this chapter shall expire on March 31st of each year. (Prior code § 15-29)
12.08.080 Additional permits required.
In addition to the permit and permit fee as set forth in this chapter, the permittee shall also be required to obtain any other sign licenses and pay any such sign permit fees as may be in force within the city. (Prior code § 15-18)
12.08.090 Location and maintenance requirements.
The permittee under the provisions of this chapter shall cause any courtesy benches to conform to the following requirements:
A. No bench shall be more than forty-two (42) inches in height and two (2) feet six (6) inches wide and not more than seven (7) feet in length. Benches shall be uniform in appearance throughout the town and authority is empowered to make and enforce rules and regulations to accomplish this purpose.
B. Benches shall be located only at designated bus stops and shall not be maintained on private property. The permittee shall inspect each bench at least semimonthly.
C. No bench shall be maintained in any alley nor at any location where the distance from the curb to the property line is less than eight (8) feet unless the mayor in his approval of the application finds that to maintain a bench at such a location is in the public interest. Each such bench shall be installed parallel with the curb and set back approximately eighteen (18) inches from the face of the curb except as may be otherwise permitted by the mayor with all respect to safety. Benches shall be kept at all times in a neat, clean and usable condition so that each bench shall be accessible at all times.
D. Advertising shall be displayed only on the front and rear surfaces of the backrest. (Ord. 2004-2: prior code § 15-17)
12.08.100 Revocation of permit.
A. Any permit issued under authority of this chapter may be revoked by the City Manager for any of the following reasons and as hereinafter set forth:
1. Violation by permittee of any of the provisions of this chapter;
2. Any fraud or misrepresentation made by the permittee in the application;
3. Failure by the permittee or applicant to maintain in full force and effect the necessary indemnity bond or evidence of public liability insurance as required by this chapter;
4. Where continued maintenance of a bench at a specified location shall be deemed to be a hazard to pedestrian and vehicular traffic or prejudicial to the interest of the general public, in this event the revocation shall be partial only and shall apply to the bench or benches involved.
B. In the event a permit is revoked for any bench, the permittee shall remove the bench within fifteen (15) days after receipt of notice of revocation. (Prior code § 15-30)
12.08.110 Bus stop shelters.
The city may provide for the erection of bus stop shelters directly by the city, by contract, agreement, or otherwise. All such bus stop shelters shall be constructed in compliance with the requirements of the Americans with Disabilities Act. If erected by contract or agreement with a private company, the terms of such contract or agreement shall govern the placement of such shelters; provided, however, that all such shelters shall comply with all applicable requirements of this code, including the requirement of a building permit. (Ord. 1996-10 § 3)