The city council may permit placement of bench seats or bench signs on public right of way at a specific location under the following conditions:
(A) Application: The application shall contain the name and address of the applicant, location of the proposed bench, a site plan showing all structures and improvements within twenty five feet (25').
(B) Permit Fee: Any person desiring to place a bench seat or bench sign on public right of way shall pay a permit fee of fifty dollars ($50.00) per year per bench sign and five dollars ($5.00) per year per bench seat for use of the right of way.
(C) Special Use Permit: No bench sign shall be placed without prior approval by special use permit pursuant to subsection 10-9-8(C) of this code.
(D) Liability Insurance: No bench seat or bench sign shall be placed on public right of way until the person desiring to place the bench provides a certificate of insurance insuring the city of Twin Falls in the amount of five hundred thousand dollars ($500,000.00) per occurrence.
(E) Location: Benches shall be placed parallel to the edge of the sidewalk opposite the street and with a clear space for pedestrian traffic of at least five feet (5') between the front edge of the bench and the edge of the sidewalk closest to the street.
(F) Liability: Notwithstanding any other provision in this code, the permit holder shall have the sole responsibility for inspection and maintenance of any benches permitted and, by applying for the permit, agrees to release and indemnify the city and all adjoining property owners of and from any liability arising out of the placement, maintenance or use of the benches. (Ord. 2306, 4-16-1990; amd. Ord. 3005, 6-6-2011; Ord. O-2022-009, 2-28-2022)