Chapter 12.08
SIDEWALK BENCHES
Sections:
12.08.010 Placement lawful subject to certain conditions.
12.08.020 Permit—Required—Removal of unauthorized benches.
12.08.030 Permit—Issuance—By city administrator—Term.
12.08.040 Permit—Issuance—Conditions—Approval or denial—Appeal.
12.08.060 Permit—Revocation or renewal denial—Appeal.
12.08.070 Owner responsible to remove upon termination of permit.
12.08.090 Indemnity insurance required.
12.08.100 Maintenance required.
12.08.110 Offensive matter or misleading signs prohibited—Cancellation of permit—Appeal.
12.08.010 Placement lawful subject to certain conditions.
Under the conditions set forth in this chapter and upon payment of all fees provided in GMC Section 12.08.050 (permit—fee), it is lawful for any firm, person, association, or corporation to place and maintain on sidewalks or sidewalk parking strips, benches for the free use and accommodation of persons awaiting transportation and whereon may be displayed the name, address, and character of business, calling, or enterprise of any person, firm, corporation or institution.
Statutory Reference: ORS 221.410
History: Ord. 861 §1, 1975.
12.08.020 Permit—Required—Removal of unauthorized benches.
(1) No person, firm, corporation or other entity shall cause a bench to be placed or maintained on a public sidewalk or parking strip without first obtaining a permit under this chapter.
(2) Any bench placed or maintained on a public sidewalk or parking strip prior to the issuance of a permit under this chapter is declared a public nuisance and the City Administrator or his designate may summarily remove and dispose of such bench without any liability to the city or its employees or officers. Any bench removed pursuant to this section may be redeemed by the owner within ten days after removal by payment of five dollars ($5) for each bench so removed.
Statutory Reference: ORS 221.410
History: Ord. 861 §12, 1975.
12.08.030 Permit—Issuance—By city administrator—Term.
Permits for the purpose set forth in this chapter shall be issued by the City Administrator of the city, and shall be valid for the remainder of the fiscal year of the city, all such permits expiring on July 1st following the date of their issuance.
Statutory Reference: ORS 221.410
History: Ord. 861 §2, 1975.
12.08.040 Permit—Issuance—Conditions—Approval or denial—Appeal.
(1) 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, accompanied by a sketch of the proposed bench, showing its size, design and proposed location.
(2) The approval of the owner, lessee or tenant shall apply only during the life of the ownership, lease or tenancy. Upon a transfer of ownership, change of lessee or tenant, new written signed approval shall be obtained and filed with the City Recorder of the city.
(3) The City Administrator may either deny or allow such permit. In determining whether or not to allow such permit, the City Administrator shall consider the possibility of congestion at the location of such bench, any hazards it may create to pedestrian or vehicular traffic, and the impairment of vision at or near intersections of persons operating motor vehicles upon the streets.
(4) In the event the City Administrator denies such permit, he shall file a brief written statement stating his reasons therefore and shall file the same with the City Recorder and send a copy thereof to the applicant.
(5) Any applicant may, within thirty days after the mailing of such notice, appeal to the council of the city; and if he fails to do so, the decision of the City Administrator shall be deemed final.
Statutory Reference: ORS 221.410
History: Ord. 861 §3, 1975.
12.08.050 Permit—Fee.
Every application for a permit to install any bench shall be accompanied by an annual fee of five dollars ($5) for each and every bench asked by the permit, which shall cover the entire costs for the remainder of the fiscal year of the city, that terminates July 1st of each year, which such shall be in addition to the annual license fees to do business in the city.
Statutory Reference: ORS 221.410
History: Ord. 861 §7, 1975.
12.08.060 Permit—Revocation or renewal denial—Appeal.
(1) 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 or for any fraud or misrepresentation in the application, or for any reason which would have been grounds for denial of the application.
(2) If the abutting owner withdraws his consent to the continued maintenance of any bench and gives written notice thereof to the City Administrator, then at the expiration of the current term of the permit a renewal of the permit shall be denied.
(3) Any permit issued under this chapter shall be canceled and revoked if the permittee fails to install the bench within sixty (60) days after the date of issuance of the permit.
(4) The application shall be canceled and denied, or the permit revoked, as the case may be, if sixty percent (60%) of the property owners and/or tenants living in or occupying any real property within two hundred feet (200’) of the location of the bench or benches, object or protest same.
(5) In the case of revocation, appeal may be taken to the City Council in the same manner as appeals for denials of original applications.
Statutory Reference: ORS 221.410
History: Ord. 861 §9, 1975.
12.08.070 Owner responsible to remove upon termination of permit.
(1) Upon the termination of any such permit, whether by lapse of time or for any other reason, the person for the installation or maintenance of such bench, shall at his or their own risk and expense, remove such bench, and shall leave the site thereof in a clean and sightly condition, and in as good a state of repair as the same was when such installation was made or thereafter be put by the city.
(2) If the permittee fails to remove any such bench within twenty days after the termination of such permit, the city may remove such bench from the street area and may destroy or otherwise dispose of such bench at its discretion, and without any liability or responsibility to the permittee or any other person who may own or have an interest in and to the same, and the permittee shall thereupon pay the city a penalty of twenty-five dollars ($25) to cover the costs of such removal.
Statutory Reference: ORS 221.410
History: Ord. 861 §10, 1975.
12.08.080 Specifications.
No bench shall be more than forty-two inches (42”) high, nor more than two feet six inches (2’ 6”) in width, nor more than eight feet (8’) overall, and in every case each bench shall be firmly bolted, anchored, or otherwise secured to the surface of the sidewalk or parking strip in such a manner as not to tip or be readily movable.
Statutory Reference: ORS 221.410
History: Ord. 861 §4, 1975.
12.08.090 Indemnity insurance required.
Before the installation of any such bench or benches, the applicant shall obtain and file with the City Recorder of the city as to any and all such benches an indemnity bond or certificate of insurance issued by a bonding company or insurance company licensed to do business in the state insuring the city and the abutting property owner, and further any tenants or lessees of the abutting premises, against any and all claims for damages to persons or property that may result through the placing or maintaining of any such bench or benches, in the amount of not less than twenty-five thousand dollars ($25,000) for injury to any one person, and not less than five thousand dollars ($5,000) for damages to property.
Statutory Reference: ORS 221.410
History: Ord. 861 §5, 1975.
12.08.100 Maintenance required.
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.
Statutory Reference: ORS 221.410
History: Ord. 861 §6, 1975.
12.08.110 Offensive matter or misleading signs prohibited—Cancellation of permit—Appeal.
(1) It is unlawful to place or knowingly permit to remain on any such bench any offensive matter or thing, writing, inscription, sign, symbol, illustration, or matter or thing of whatever kind or nature, (and) all persons responsible for the installation or maintenance of any such bench are charged with the duty of keeping such bench unblemished and free of offensive matter or thing, and for failure to do so, the permit issued for such bench shall be subject to summary cancellation by the City Administrator of the city; in which case notice shall be given and filed with the City Recorder as provided for upon a denial of original application.
(2) Appeal may be taken to the City Council in the same manner as appeals for denials of original application.
(3) No advertisement or sign on any bench shall display the word “Stop,” “Look,” “Drive In,” “Danger,” or any other word, phrase, symbol or character which may interfere with, mislead, or distract traffic.
Statutory Reference: ORS 221.410
History: Ord. 861 §8, 1975.
12.08.120 Violation—Penalty.
Violation of the requirements of this chapter also constitutes a Class “D” Infraction as specified in GMC 1.08.010 through 1.08.100.
Statutory Reference: