(A) Purpose. The purpose of this section is to regulate the placement and maintenance of courtesy benches for public transit in public rights-of-way and on private property if the bench is within three feet of the public right-of-way. Benches without advertising signs that are located on private property and more than three feet from the public right-of-way are exempt from the provisions set forth in the advertisement restriction division of this section, but are subject to all other applicable sections of this code.
(B) Permit required. It is unlawful for a person to place a courtesy bench in a public right-of-way or on private property within three feet of the public right-of-way without first obtaining a permit as provided in this section.
(1) This section shall apply to all existing and future courtesy benches installed within said city. The courtesy bench owner shall renew the permit once issued annually.
(2) The permit period shall be from April 1 to March 31 annually.
(3) Permits for courtesy benches will be granted only on existing and approved Metro Transit bus routes within the city, on the condition that the bench locations satisfy the location requirements set forth by the city.
(C) Permits and applications. Application for permits shall be made to the Community Development License/Permit Clerk or designee of the City Manager. The application shall contain the following information:
(1) Scale drawing showing the size and location of the courtesy bench relative to all other objects on the property including the layout of applicable adjacent roadways, intersections, traffic signage, sidewalks, trails, utility poles, fences and other objects within the vicinity;
(2) Name, address and phone number of applicant;
(3) Detailed plans and specifications of each proposed bench, if any, to be posted thereon and total surface area intended as signage not to exceed 12 square feet using only the front, or seating side surface of the bench rest. Advertising material may not exceed the length of the bench;
(4) A current general liability certificate of insurance from an insurance company that is rated "A" or better by A.M. Best Company and authorized to conduct business in the State of Minnesota, naming the city as additional insured in the minimum amounts as follows:
Number of Bench Permits | Limit of Liability |
1-10 benches | $250,000 |
11-50 benches | $500,000 |
50 or more | $1,000,000 |
for any and all claims arising out of the use or existence of the courtesy bench(s) and approved by the City Manager or designee of City Manager. The certificate shall provide for automatic notification of the city with a minimum 30 days' advance notice in the event of cancellation;
(5) A graphic showing the public transportation bus service that serves the proposed courtesy bench and the specific bus stop location and number, if applicable;
(6) An executed hold harmless agreement from the permittee, approved by the City Manager or designee, protecting the city from any and all claims arising out of the use and existence of the courtesy bench;
(7) Written consent from the abutting property owner for placement of any bench on private property within three feet of the public right-of-way. The abutting property owners shall be deemed to be the person or entity shown as such on the Anoka County tax records;
(8) The application shall be forwarded to the City Engineer for review and recommendation;
(9) Such other information that the City Manager may require
(D) Conditions governing issuance of permits. This section governs the issuance of a permit for a courtesy bench.
(1) Permit for each bench. A separate permit is required for each courtesy bench, but renewals may be granted for more than one location on the basis of a single application, provided that the City Manager or city designee is satisfied that all the information required by this section has been supplied for each proposed courtesy bench.
(2) Transfer: new permit. If a courtesy bench for which a permit has been issued is sold or title or control thereof is transferred or assigned, a new permit shall be required.
(3) Location. No permit may be issued for the installation of courtesy benches, on approved transit routes in the following places:
(a) On a transit route upon which the city has constructed or has let a contract to construct a public street beautification (streetscaping) project.
(b) On a public sidewalk where the right-of-way is less than nine feet in width or on any private sidewalk or trail without the written consent of the abutting property owner;
(c) In an alley;
(d) At any location more than 50 feet from the nearest point of intersections with a street, unless the City Manager so authorizes;
(e) Within 15 feet of any intersection or other locations as the City Manager may determine which impedes safety by obstructing the vision of pedestrians or motorists;
(f) Other locations, which the City Manager or staff member determines would potentially restrict pedestrians' traffic, pose a snow and ice control problem, obstruct vehicular traffic or otherwise be detrimental to the public safety, convenience or welfare.
(E) Permit fees. Fees for courtesy benches shall be as set forth in the City of Columbia Heights Licensing Fee section.
(F) Insurance requirements. Permit holders shall deliver to and keep on file with the City's Finance Department a current general liability certificate of insurance meeting the requirements of this section, naming the city as an additional insured. The insurance shall be maintained in its original amount by the permit holder at his expense at all times during the period for which the permit is in effect. When two or more permits are issued to one person one insurance policy may be furnished to cover two or more courtesy benches, and the policy shall be of a type which coverage is automatically restored upon occurrence or any accident or loss from which liability may hereafter accrue.
(G) Permits: approval and issuance. If the City Manager is satisfied that all of the conditions stated in this section have been met and that the creation and maintenance of the courtesy bench at the proposed location will not restrict pedestrian traffic or otherwise be detrimental to public safety, he shall approve the application. The License/Permit Clerk shall not issue a permit until the insurance and hold harmless agreement are provided and approved by the city.
(H) Revocation of permit.
(1) The City Manager may revoke or deny renewal of any permit for failure to comply with the provision of this section, the zoning code, for misrepresentation of material facts in the original application, for failure to maintain the courtesy bench, because the bench is considered a safety hazard, because the bench location is no longer served by the public transportation, because the transit route on which the bench is located has or will be included in a streetscaping project or for any reason which would have been grounds for denial of the original application.
(2) All courtesy bench locations are subject to a site plan review by the City's Engineering Department. If the courtesy bench location is deemed unsuitable by the Engineering Department, the permit will be revoked by the City Manager or appointed designee.
(I) Installation and maintenance.
(1) Location.
(a) Courtesy bench shall be installed parallel with the curb, sidewalk or trail, and set back at least three feet from the back of the curb. Further, there shall be a minimum clearance of six feet from the back of the bench to any structure or landscaping along or near any sidewalk to provide for sidewalk snowplow clearance. Any bench installed on a sidewalk or trail nine feet or more in width must also provide a minimum clearance of six feet between the back of the curb and front of the bench.
(b) Where existing conditions are such that the three-foot setback from curb provision cannot be met, at the City Engineer's discretion, the permit may be evaluated for other distances, but never less than 18 inches.
(2) Size. Size limitations on courtesy benches are as follows:
(a) Height-42 inches maximum.
(b) Width-30 inches maximum.
(c) Length-7 feet maximum.
(3) Construction. A courtesy bench shall be installed and maintained on a durable level surface including, but not limited to, concrete, bomanite or decorative brick. The durable surface shall extend six inches on both ends and in back of the bench. Further, the durable surface in front of the bench must extend to the back of the curb. The courtesy bench shall be of sufficient weight or shall be secured in a manner to minimize the potential of accidental tipping or vandalism. No courtesy bench shall be fastened, secured, or anchored to city property.
(4) Materials. A courtesy bench shall be constructed of durable materials including but not limited to concrete, wood, steel, plastic, or combination thereof, with colors limited to whites, earth tones of subdued greens, grays, browns, reddish-browns, and golds.
(5) Permit display. Each courtesy bench shall display the permit number in a
conspicuous place.
(6) Conditions. It is the responsibility of the permittee to maintain each bench in a safe condition and to keep benches neat, clean and in usable condition. The permittee shall keep the courtesy bench and bench base free of ice and snow and accessible.
(7) Advertising matter. Advertising matter may be displayed only on the front (roadway side) surface of the backrest of a courtesy bench and shall not exceed 12 square feet in surface area. No advertising matter on any courtesy bench may display any word, phrase or symbol, reflective material or illumination device which might interfere with, mislead or distract traffic. Any political advertising displayed on a courtesy bench shall be subject to the time restriction for such advertising or political signs as set forth elsewhere in the city code and state statue.
(J) Removal of benches.
(1) Notice. Upon the revocation or expiration of any permit without renewal, the permittee shall remove the courtesy bench promptly. The permittee shall also be required to remove the concrete slab and reseed the slab area at its cost if so directed by the City Manager. The City Manager may remove the bench after 30 days' mailed notice to the permittee and the cost of removal, including removal of the slab and resodding of the slab area, shall be paid by the permittee. If the permittee fails to pay the cost within 60 days after receiving notice from the City Manager, the bench shall become the property of the city, but the permittee will remain liable for the cost of removal, restoration and storage of the bench. No permit or renewal shall be granted to the permittee until all such costs are paid in full.
(2) Summary removal. A courtesy bench placed in the public right-of-way in the city, contrary to the provisions of this section, may be summarily removed by the City Manager, pursuant to M.S. § 160.27, subd. 6, as it may be amended from time to time.
(K) Registration of permits obtained from other road authorities. When a courtesy bench is placed in the city within the limits of a street or roadway subject to the control of a road authority other than the city as defined in M.S. § 160.02, as it may be amended from time to time, the person placing the bench shall file proof of permission from the other road authority with the City Manager.
(`77 Code, § 6.303) (Am. Ord. 1377, passed 10-12-98; Am. Ord. 1444, passed 2-11-02) Penalty, see § 6.802