(1) General authorization. It is hereby made lawful for persons to install and maintain benches for the convenience of the public at places on public property and to place advertising matter and signs upon such benches, subject to the regulations, limitations and qualifications of this Article.
(2) Location restricted. Benches authorized by the provisions of this Article shall be located only where the distance from the face of the curb to the property line is eight feet (8') or more.
(3) Bench specifications. All benches installed by permission of this Article shall conform rigidly to the following specifications:
A. The bench shall not be more than six feet (6') in length, not to exceed forty-two inches (42") in height and thirty inches (30") in depth.
B. The benches must be of heavy construction to weigh not less than four hundred (400) pounds.
C. The end-pieces and legs shall be constructed of concrete or solid metal.
D. The back rests shall be constructed of hardwood or plywood not less than three-fourths inches (3/4") in thickness.
E. The seats and backrests shall be constructed of hardwood or plywood not less than one and three-fourths inches (1 3/4") in thickness.
F. The several parts of the bench shall be joined by bolts of one-half inch (1/2") or greater diameter.
(4) Advertising restricted. Only such advertising matter shall be placed on the benches installed under the provisions of this Article that is ordinarily displayed in other advertising mediums, except that no human figure or face shall be displayed.
(5) Permit required. No person shall install or maintain any bench under the provisions of this Article unless he or she shall first obtain a permit to do so from the City Council.
(6) Number of permits restricted. No more than one permittee shall be allowed a permit for any single intersection under the provisions of this division.
(7) Application for permit. Any person desiring a permit required by the provisions of this Article shall submit his or her written application therefor to the City Clerk, giving the location of the proposed bench or benches and such other information as the City Clerk may, in its discretion, require.
(8) Fee for permit. Each application for a permit hereunder shall be accompanied by a fee as set by the Governing Body. Permits expire annually.
(9) Investigation. All applications for a permit required by the provisions of this Article shall be referred for investigation to the Mayor or his designee, covering the following points and such others as may appear pertinent:
A. Would the maintenance of a bench at the proposed location tend to obstruct passage along a public way or create a hazard to persons traveling thereon?
B. Would the maintenance of a bench at the proposed location promote the convenience of the traveling public?
C. Would the maintenance of a bench at the proposed location detrimentally affect the abutting property owner or tenant?
(10) Consideration by Council. Unless after an unfavorable report on a particular location the applicant for a permit required by the provisions of this division withdraws his or her application for that location, the Mayor or his designee shall forward a report to the City Council. Upon consideration of the report and such other evidence as may be offered, including evidence as to the reliability of the applicant and his or her ability to perform his or her undertakings under this Article, the City Council shall decide whether or not a permit shall issue.
(11) Priority of application. Priority of initial application for any location shall not cause any rights to vest in the applicant. A permittee who has performed his or her undertaking under this Article satisfactorily and applies for renewal before the expiration of an old permit shall be given priority over another applicant for a permit for the same location.
(12) Liability of permittee. A permittee under this Article shall defend, at his or her own expense, any litigation arising from the installation or maintenance of a bench for which he or she holds a permit.
(13) Bond; insurance. Before proceeding to install any bench under the provisions of this Article, the permittee shall file individual bond in the penal sum of ten thousand dollars ($10,000,000) to save the City harmless from any damage or suit for damage alleged to arise from the installation or maintenance of any bench installed by him or her. Sureties on such bond are not required but evidence of public liability insurance in the amounts hereinafter stated shall be filed, at or prior to the time of filing applications for such permit with the City Clerk. The public liability insurance shall be twenty-five thousand dollars ($25,000.00) for the death or injury of one person, with a total limit of personal injury liability of fifty thousand dollars ($50,000.00) and property damage of not less than one thousand dollars ($1,000.00). One bond and one insurance policy may be filed to cover the maintenance of any number of benches.
(14) Conditions of permit. By the acceptance of a permit under the provisions of this Article, the permittee agrees to:
A. Be bound by all of the provisions of this Article;
B. Inspect each bench periodically;
C. Maintain each bench in a clean, safe and sightly condition; and
D. Post and maintain the indemnifying bond and public liability insurance required by this division.
(15) Revocation; removal of bench. If the permittee under the provisions of this Article shall fail to comply with any condition of his or her permit, the City Clerk shall give him or her thirty (30) days notice of such failure. If the permittee fails to correct the situation causing noncompliance with this Article within such time period, and after notice to and approval of the City Council, the City Council may revoke the permit and remove and store the proposed bench, charging the cost thereof against the permittee. The permittee may recover the bench if he or she pays such costs within sixty (60) days after such removal; otherwise title to the bench shall fully vest in the City.
(16) Expiration. Permits issued under the provisions of this division shall expire annually from the date of issuance. (Ord. No. 307, 4/4/89) (Amended by Ord. No. 538, 2/19/02)