(A) Any person or entity desiring to place a bench on the right-of-way of the city, or upon a right-of-way maintained by the city, shall first make a written request to the city or its designee. The requested location for the bench shall be examined by the city to ensure a bench can be safely placed and can meet the regulations of the city.
(B) Before any bench is placed (or allowed to remain after the effective date of this subchapter) in the public way it shall be subject to review and approval by the city or its designee who shall consider:
(1) Whether the bench endangers public safety or property, or interferes with or impedes the flow of pedestrian or vehicular traffic;
(2) Whether the placement impedes or interferes with the reasonable use of a display window or display space;
(3) Whether the design, size, shape, materials and color scheme of the bench comport with and enhance the quality and character of the streetscape, including nearby developments and existing land uses; and
(4) Whether the proposed bench is located within 100 feet of another bench or TARC bus shelter.
(C) A bench must be place and secured onto concrete pads.
(D) The bench and placement must meet all Americans with Disabilities Act, being 42 U.S.C. §§ 12101 et seq., guidelines.
(Ord. 09-09, passed 10-8-2009) Penalty, see § 91.999