Chapter 12.32
ADVERTISING BENCHES
Sections:
12.32.020 Design and location.
12.32.030 Permit issuance or denial, maintenance.
12.32.010 Application.
The applicant shall file with the city recorder an application for authorization to install proposed bench. With the application shall be a sketch of the proposed bench showing its size, design and proposed location. The application shall indicate whether any advertising messages will be displayed on the bench. (Ord. 2349 § 1, 1980)
12.32.020 Design and location.
(1) Dimensions. No bench shall be more than 42 inches high, nor more than two feet, six inches wide, nor more than eight feet long 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 manner as not to tip or be readily movable.
(2) Design. The design of each bench shall be approved by the city council, or such representative as it shall designate, to assure appropriate maintenance, stability, safety and attractiveness, and that it will serve the public interest.
(3) Location. Advertising benches may be permitted only within areas designated under the zoning and sign regulations as permitting advertising. The city recorder shall notify property owners within 200 feet, including streets, of a proposed site to assure they have no objection; if the abutting property owner, or if 50 percent of those property owners within 200 feet, object to the siting of the bench, that proposed location shall be denied.
(4) Advertising. An advertising bench permitted hereunder may display the name, address, and character of business, calling or enterprise of a person, firm or institution, or an advertising message relating thereto; provided, however, that:
(a) The city council approve the design of the sign to assure its compatibility with the surrounding area;
(b) The advertising not be for a competitor of the abutting property owner; and
(c) No such designation or advertising shall display the words “stop,” “look,” “drive in,” “danger,” or any other word, phrase, symbol or character tending to interfere with, mislead or distract traffic. (Ord. 2349 § 2, 1980)
12.32.030 Permit issuance or denial, maintenance.
(1) After having received the approval of the city council, public works department and the police department and after having determined that the proposed bench would not materially impede use of the public right-of-way and complies with all other provisions of this chapter, that city recorder may issue a permit therefor, designating the exact location of the bench. This permit shall be subject to all the provisions of this chapter. Otherwise, the recorder may deny a permit; in case the city recorder denies a permit, he shall make a written statement of the reasons for denial.
(2) A permit for any permanent bench issued after January 1st of any year shall expire on December 31st of the same year and shall not be transferred except upon approval of the city council.
(3) There shall be a per bench annual inspection fee for all advertising benches as set forth in the most recent universal fee schedule adopted by council. For benches where no advertising or other message will be displayed, annual permit fees shall be waived.
(4) A person previously granted an application for an advertising bench may apply for renewal of such permit. If the city recorder finds that the permittee, during the time of an outstanding permit, has fully complied with the provisions of this chapter, the recorder may renew the permit upon payment of the annual inspection fee.
(5) The permittee shall keep and maintain in good and substantial state of repair each and all advertising benches permitted to him, and he shall paint the benches with sufficient frequency to keep them sightly and attractive. It shall be the duty of the permittee to keep the advertising bench unblemished and free of any offensive advertising. (Ord. 3219 § 6, 2017; Ord. 2349 § 3, 1980)
12.32.040 Appeal.
Within 30 days after a denial of a permit, the applicant may appeal to the city council by filing with the city recorder a written notice of appeal. In the event of an appeal, the decision of the city council shall be final. (Ord. 2349 § 4, 1980)
12.32.050 Insurance.
Before installing any advertising bench or benches, the permittee shall file with the city recorder a policy of insurance, or a certificate of insurance and form of policy, issued by an insurance company licensed to do business in Oregon, naming the city as an additional insured and protecting the city, its officers, agents, and employees, and the abutting property owners, lessees and tenants from any and all claims for injury or damage to persons or property that might result through the placing and/or maintenance of the bench or benches. The minimum amount of insurance policy shall be $100,000 for injury to any one person, $300,000 for injuries arising from each accident, and $50,000 for property damage in each accident. The policy shall also contain a provision that the city recorder shall be notified at least 10 days prior to any cancellation of such insurance. The permittee shall maintain the insurance throughout the life of any permit issued. (Ord. 2349 § 5, 1980)
12.32.060 Bond or insurance.
Before installing any advertising bench or benches, the permittee shall file with the city recorder proof that the permittee has attained sufficient insurance or bonding to mend or replace such benches in case of damage. (Ord. 2349 § 6, 1980)
12.32.070 Revocation.
The city recorder may revoke any permit or deny renewal thereof for any violation of any provision of this chapter, for any fraud or misrepresentation in the application, or for any reason which would have been grounds for denial of the initial application. If the abutting property owner withdraws his consent to the continued permit for an advertising bench by giving written notice thereof to the city recorder, then at the expiration date of the current term of the permit a renewal of the permit shall be denied. In addition, a permit may be denied or terminated without cause upon one year’s notice. (Ord. 2349 § 7, 1980)
12.32.080 Removal.
Upon revocation or termination of any permit, whether by lapse of time or for any other reason, the person or persons responsible for the installation or maintenance of the advertising bench shall, at their sole risk and expense, remove the bench, and shall leave the site thereof in a clean and sightly condition and in as good state as when such installation was made, all in a manner satisfactory to the city recorder. If the permittee shall fail to remove the bench within 20 days after termination of its permit, all rights thereto shall be forfeited and the city recorder may have the bench removed from the right-of-way and disposed of at his discretion, all at the sole risk of the permittee, and the permittee shall pay to the city a penalty of $200.00 per bench to cover the cost of the removal.
If any bench for which a permit has been issued and a fee paid to permit display of advertising message shall not be removed within 20 days after failure to pay the inspection fee therefor, the city recorder may elect to cause all advertising material thereon to be deleted or totally obscured and may cancel the permittee’s license to do business or maintain other benches within the city of St. Helens. (Ord. 2349 § 8, 1980)
12.32.090 Penalty.
Violation of any provision of this chapter may be punished by a fine of not more than $500.00. Each bench which does not comply with this chapter shall be considered a separate offense. (Ord. 2349 § 9, 1980)