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(A) General provisions.
(1) License required. A person may not place or maintain a courtesy bench for the convenience of persons waiting for buses or for any other reason at any place in the city without obtaining a license pursuant to Chapter 110.
(2) Application. In addition to the requirements in Chapter 110, the person desiring the license must:
(a) Show the requested location and detailed plans and specifications of each proposed bench; and
(b) Be accompanied by a writing, signed by the owners or lessees of the property abutting the street upon which each bench is proposed to be located, giving their consent to the installation and maintenance of a bench at the proposed location. The applicant must also provide evidence of ownership or lease of the property on which the bench is to be located.
(3) New license required when sold. A separate license is required when a bench for which a license has been issued is sold or title or control is transferred or assigned.
(4) Limit on licenses. The city will grant no more than 50 courtesy bench licenses each year.
(B) Conditions of license.
(1) Separate license for each bench. A separate license is required for each bench.
(2) Location. No license shall be issued for the installation or maintenance of any bench:
(a) Without the approval of the Building Official and the Council;
(b) In any alley;
(c) At any location where the distance from the face of the curb to the inside sidewalk line is less than eight feet; or
(d) At any location distant more than 50 feet from the nearest point of intersection with a street, unless the Building Official approves.
(3) Size and maintenance.
(a) Dimensions. When a license is issued, the bench shall be installed parallel with the curb and set back at least 18 inches from the face of the curb. No bench may be more than 42 inches high, 30 inches wide, or seven feet long unless otherwise approved. Each bench must have the license number displayed in a conspicuous place.
(b) Maintenance. It is the duty of the licensee to maintain each bench at all times in a safe condition at its proper location and to inspect each bench periodically. Benches are to be kept in a neat, clean and usable condition. Ice and snow must be removed from the benches and the vicinity so that each bench is accessible at all times.
(c) Signs. No advertising matter or sign may be displayed upon any bench except upon the front and rear surfaces of the backrest. No liquor, beer or obscene, immoral or political advertising of any character is permitted, and all advertising is subject to the approval of the City Council. No advertising matter or sign on any bench shall display the words “Stop,” “Look,” “Drive in,” “Danger” or any other word, phrase or symbol which might interfere with, mislead or distract traffic.
(C) Denial of license. In addition to the grounds enumerated in Chapter 110, the application for a courtesy bench license will be denied if the Building Official finds that the maintenance of the bench at the proposed location would tend unduly to obstruct passage along any public sidewalk or public way, create a hazard, or be detrimental to the public safety or welfare.
(D) Removal. Upon the revocation or expiration of any license without renewal, if the licensee fails promptly to remove a bench, the Building Official may do so within ten days after written notice given by mail directed to the address of the licensee on file. If the licensee fails to pay the cost of removal and storage within 60 days after the notice is sent, the bench will be deemed abandoned; however, the abandonment does not relieve the licensee from the payment of the cost of removal and storage of the bench.
(2001 Code, § 805)