(A) Persons, firms, or corporations may install and maintain benches upon public property for the accommodation of persons awaiting public bus transportation and others, and to place advertising matter and signs upon such benches, subject to the regulations, limitations, and qualifications of this chapter. The City Council reserves the power to make all reasonable regulations for carrying out the provisions of this chapter, and the issuing of all permits or licenses.
(B) No bench shall be installed or maintained hereunder without a permit obtained as aforesaid and as hereinafter provided, and no more than one permit shall be allowed for any single location. An applicant for a permit hereunder shall submit his written application to the City Clerk, giving the location of the proposed bench or benches and such other information as the City Council herein and hereby requires or may from time to time require.
(C) Each application for a permit hereunder shall be accompanied by a fee of $1 for each bench where the permit is to be issued after July 1, and a fee of $2 where the permit is to be issued before July 1 in any year, and thereafter a fee of $2 shall be paid annually for each bench.
(D) The application for a permit for any bench shall be denied or the permit cancelled under any of the following circumstances:
(1) If the City Council at any time finds that the maintenance of a bench at the granted or proposed location would tend to obstruct passage along a public way or to create a hazard to persons traveling thereon.
(2) If the City Council at any time finds that the maintenance of a bench at the granted or proposed location would not promote the convenience of the traveling public or allow free and customary use of any street, alley, or sidewalk.
(3) If at the proposed location the distance from the face of the curb to the property line is less than eight feet, unless the City Council finds that to maintain a bench at such location is in the interest of the convenience of the traveling public.
(E) By acceptance of a permit hereunder, the licensee agrees to be bound by all of the provisions of this chapter, agrees to inspect each bench periodically and to maintain the bench or benches in safe, clean, and sightly condition, and to post and maintain an indemnifying bond and public liability insurance as hereinafter required. The City Council reserves the right to order the removal of any such bench at any time when in its opinion the interest of the public will be best served by the removal thereof or if any abutting property owner objects to the construction and maintenance of any bench at any granted or proposed location. If any such bench is ordered removed by the City Council and the same is not done within 30 days of the mailing of written notice to so remove any such bench to the licensee, the City Council may revoke the permit and take whatever action is deemed necessary for the removal of the bench without any liability on the part of the members of City Council individually or the city.
(F) All benches installed by permission of this ordinance shall conform rigidly to the following specifications:
(1) No bench as herein provided for shall be more than six feet in length nor more than 28 inches in depth or more than 44 inches in height. The benches shall be of uniform painting and construction, the ends and legs thereof to be made of concrete and the seats and backs thereof to be made of hardwood or plywood and shall be constructed in a workmanlike manner.
(2) No advertising placed on the benches shall contain figures or faces but shall contain only lettering; and no advertising shall contain words that might tend to cause traffic confusion such as “Stop,” “Damage,” “Drive-In,” or other words.
(G) Before proceeding to install any bench or benches he shall furnish to and file with the City Clerk and at all times keep in effect a policy of insurance in some company approved by the City Council naming the licensee and the city as assured which shall be in such form and with such conditions as to protect the city against all claims for death or injury resulting from the installation or maintenance of such benches, and to pay all damages which may be recovered against the city as a result of any such suit or suits. Such policy shall be conditioned to pay all damages not exceeding the sum of $25,000 for the death of or injury to any one person and with a total limit of liability for death or injury of not less than $50,000 and $5,000 for property damage. If at any time by reason of judgments obtained the city shall feel itself insecure against further claims additional insurance shall be furnished so that at all times the city shall be protected against such losses to the extent of $50,000.
(H) The purpose of this section is to assist the public in the use of the streets by providing, subject to the regulation of the City Council, benches for the use of the public.
(`79 Code, § 113.030) (Ord. 481, passed 5-17-48) Penalty, see § 10.99