(A) Purpose. The purpose of this section is to regulate the placing and maintenance of bus/transit benches in public rights-of-way in order to control location, appearance, proliferation, and traffic safety.
(B) License required. No bench may be placed or maintained in a public right-of-way without securing a license from the City Manager, or designee thereof, and the payment of an annual license fee as established in § 33.060.
(C) Application. Applications for licenses shall be made to the City Manager or designee. The application shall contain the following:
(1) Scale drawing showing the size and location details of the bus/transit 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 in the vicinity.
(2) Written consent of the road authority, as defined in M.S. § 160.02, as it may be amended from time to time, if the city is not the road authority.
(3) Detailed plans and specifications of the proposed bench including the general nature of the advertising matter, if any, to be posted thereon and total surface area intended as signage not to exceed 12 square feet using the front, or seating side surface only of the bench backrest.
(4) General liability certificate of insurance from an insurance company rated “A” by A.M. Best Company and authorized to do business in the state, naming the city as additional insured in the minimum amount of $1,000,000 for any and all claims arising out of the use or existence of a bus/transit bench. The certificate shall provide for automatic notification of the city with a minimum 30-day advanced notice in the event of cancellation.
(5) An executed hold harmless agreement from the licensee, protecting the city from any and all claims arising out of the use, existence, and potential removal of the bus/transit bench.
(D) Bus/transit stops. A bench shall only be placed at a bus/transit stop on an established bus route.
(E) Location. A bench shall be placed parallel to and no nearer than three feet from the roadway curb or the edge of the roadway where no curb exists and shall not obstruct a pathway.
(F) Number. No more than one bus/transit bench, located outside of a shelter, may be placed at a single established bus/transit stop location.
(G) Proximity to other benches. No bus/transit bench may be placed within 300 feet of any other bench on the same side of the roadway from which service is to be delivered.
(H) Materials. A bus/transit bench shall be constructed of durable materials including, but not limited to, concrete, wood, plastic, or combination thereof, with colors limited to whites, earth tones of subdued greens, grays, browns, reddish-browns, and golds.
(I) Construction and size. The bus/transit bench shall be of sufficient weight or shall be secured in a manner to minimize the potential of accidental tipping or vandalism. No bus/transit bench shall be fastened, secured, or anchored to any property of the city, county, or public utility. Size limitations of bus/transit benches shall be:
(1) Height: 42 inches maximum;
(2) Width: 30 inches maximum; and
(3) Length: seven feet maximum.
(J) Structure maintenance. When directed by the Code Official, the licensee shall, within 48 hours, remedy any report of refuse and litter issues. Within 72 hours of a snow fall or other weather event, removal of ice and snow in a manner such that each bench shall be fully accessible to and from any sidewalk or roadway adjacent to the bus/transit bench shall be achieved. Licensee shall inspect benches monthly for any grass or weeds in excess of six inches, graffiti, damaged, or broken parts and shall remedy deficiencies within 48 hours after being discovered or reported.
(K) Revocation of license. The City Council may revoke a license for failure to comply with the conditions of the license by three affirmative votes.
(L) Removal. At the request of the city, a bench shall be removed within 30 days of notice, at the permittee’s sole expense, if:
(1) To permit right-of-way improvements or maintenance;
(2) The location of the bench is a safety hazard or if it interferes with pedestrian or vehicular traffic on the right-of-way;
(3) If the bus stop location is removed from service; or
(4) The license issued by the city is allowed to expire or is revoked. The licensee shall incur the cost of removal within 30 days of notice to remove. Licensee shall make repairs to the vacated space within the right-of-way to make it visibly consistent with the surrounding space. If licensee fails to remove the bench within the prescribed time, the city shall remove licensee’s bench and hold it at the City Public Works facility for no less than 30 days, after which time the bench may be disposed of. All costs for removal, disposal, and remediation of ground shall be payable to city by licensee.
(M) Advertising matter. Advertising matter may be displayed only on the front (roadway side) surface of the backrest of bus/transit bench and shall not exceed 12 square feet in surface area. Advertisements for liquor or beer, tobacco, political advertisements, obscene, immoral, or illegal matter is prohibited on all transit bench signs. No advertising matter on any transit bench may display the words “Stop,” “Look,” “Drive In,” “Danger” or any other word, phrase, or symbol, reflective material, or illumination device, which might interfere with, mislead, or distract traffic.
(Ord. 2022-07, passed 10-11-2022) Penalty, see § 94.99