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Home My WebLink About1279 ORDINANCE NO. 1279 , " AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCA~tA MUNICIPAL CODE BY REPEALING DIVISION 8 OF,' PART 2 OF CHAPTER 4 OF ARTICLE VI THEREOF AND BY ADDING TO PART 2 OF CHAPTER 4 OF ARTICLE VI THEREOF A NEW DIVISION 8 ENTITLEDJ"$TREET BENCHES, SIGNS AND NEWSRACKS" CONTAIiNING SECTIONS 6428.1 THROUGH 6428.,8 AND iJ'/ ADDING TO PART 2 OF CHAPTER 2 OF A~TICLE VI/THEREOF A NEW SECTION 6220.33.1. ',\\ I'; ! ~ / I' j THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES " l ORDAIN AS FOLLOWS: "..1/ f\ ) jV SECTION I. That Division ,,8/of Part 2 of Chapter 4 of 1 /'. \, ' Article VI of the Arcadia Municipal-80de entitled "Street Benches" ~ II and Sections 6428.1 thrOUgh\~4,28.23' thereof are hereby repealed. ~ ,/ SECTION 2. That a neJ/Division 8 of Part 2 of Chapter 4 \/ of Article VI of the Arcadia MUnicipal Code entitled "Street Benches, / I Signs and Newsracks" contain:lmg Sections 6428.1 through 6428.8 is , I hereby added to tne Arcadia Municipal Code, the same to read re- N spectively as fOluowj: \}\ ARTICL? \('1. !;lUSINESSES, PROFESSIONS, TRADES AND OCCUPATIONS CHAPTER' 4.:;SPECIAL REGULATIONS PART 2'J: COMMERCIAL ENTERPRISES DIVISION 8.. STREET BENCHES, SIGNS AND NEWSRACKS '\ ' 6428f~. DEFINITIONS. ,For the purpose of this Part, cer- '\\ I tain words and \pnvases shall be construed as herein set forth, unless I it is ap~prent t(rom the context that a different meaning is intended. 6428.1.1. SAME. ENCROACHMENT. For the purpose of this \ Part, Encroachment shall mean any bench, sign or newsrack. "\ I 6U28.1,2. SAME. SIGN. Sign shall mean and include a pic- ture, tra~parency, advertisement, mechanical device or any object I ~ which is designed, intended or used for the purpose of advertising or which advertises or brings to notice any person, article of mer- p chandise, business, profession, occupation or calling, anything that is;(O be or has been sold, bartered or given away, or any place of yCbliCJ private or religious assembly. 1 -1- 1279 , ,I ! 6428.1.3. SAME. NEWSRACK. Newsrack shall mean ind in- clude a device for the storage, supply or sale of established news- , I papers of general circulation as defined by Sections 6000 through 6002 of the California Government Code. ~ 6428,1.4. SAME. PUBLIC PROPERTY. PUblijlProperty shall mean and include property owned by the City and property in, on, upon or across which the city has an easement f~UbliC street, road, highway, alley, sidewalk, parkway, planting, access, ingress, egress or other purposes, ~ 6428.2. PERMIT REQUIRED. No person shall construct, in- / stall, place or maintain an~oachment on public property without I first obtaining a written permit therefor from the Council pursuant to this Part. ! 6428.2.1. SEPARATE PERMIJr' A separate permit shall be obtained for each encroachment thus constructed, placed, installed or maintained. Each permit shalt'be valid only for the particular encruachment at the specific loc~tion described therein. I 6428.2.2. APPLICATIONS. FORM. Applications for encroach- I ments shall be made on forms prepared and made available by the Li- t cense Collector, and co~~eted and filed as hereinafter provided. 6428.2.3. SAME. NUMBERING. Each such permit application I shall be numbered consecutively. The number of such application shall be assigned tJ'any permit which may be granted pursuant thereto. I 6428~21t. SAME. CONTENTS. Each application for a permit under this par~shall contain the information specified in the fol- lowing sub-secxions. I ,28.2.4.1. SAME. SAME. OWNER. The name, address and telePhone)'number of the applicant, who must be the owner of the en- croachment for which application is made. ~ 6428.2.4.2. SAME. SAME. LOCATION. The proposed location of each encroachment for which permit application is made, together / wi)h the name and address of the owner or tenant of the property ~utting such proposed location. , 1 -2- 1279 6428.2.4.3. SAME. SA~lli. DESCRIPTION. A description of the encroachment showing its type, general dimensions and materials of construction. 6428.2.4.4. SAME. SAME. ADVERTISING. A statement by applicant whether or not it is proposed to place advertising matter on the encroachment for which application is made. All advertising , matter placed on encroachments shall at all times Be subject to the 6428.2.4.5. SAME. SAME. / / I COMPLIANCE. A statement by the continuing approval of the Council. applicant that he is familiar with the provisions of this Division, that , ! he approves the same, and if granted the permit applied for that he , will observe, abide by and be bound by t~ provisions of this Division. , ! 6428.2.5. SAME. FILING ANDjFEE. Each application for a fr permit under this Part shall be filed~with the License Collector, 'l ! accompanied by the payment of the s,um of ~1.00 for each application, I ~ to cover in part the cost of inspecting the encroachment and the ,/ f proposed location thereof. Said fee shall in no event be refunded. 6428.2.5.1. SAME.~AME. WAIVER. No fee shall be payable pursuant to Section 6428.2.5 for any application filed by any agency I or instrumentality of Government. I 6428.2.6. SAME. INVESTIGATION. Upon the filing of each I application for a permit under this Part, the License Collector shall I notify the Traffic Engineer thereof and of the proposed location of I the encroachment ~or which application is made. Within fifteen (15) days after the filing of such an application"the Traffic Engineer I shall make an Investigation of such proposed location and shall en- dorse on the application either his approval or disapproval thereof, event of disapproval he shall likewise state his reasons therefor. ~ 6428.3. PERMITS. SUBMISSION TO COUNCIL. At the first Coun~11 meeting following receipt of such endorsement, the License Co}~ctor shall present each such application to the City Council ~r action thereon. 1 -3- 1279 6428.3.1. SAME. ISSUANCE. When an application for a per- mit under this Part is thus submitted to the City Council, tne Council may issue a permit in accordance therewith, may impose such conditions ;/ thereon as it deems necessary or proper, may deny the i~suance of a ( '/ J, permit therefor, may receive additional evidence con;rrning any phase (, of the application, and for this purpose may continue action on such /; " application from time to time or refer such applitation to any agency " J J of the City for further investigation and report. '! , 6428.3.2. SAME. INSURANCE. No p~rmit shall be issued I: pursuant to this Part unless the applicant shall post and maintain 1 J, with the Clerk a surety bond or policy of;fPUbliC liability insurance, ,; approved by the City Attorney and conditioned as hereinafter provided. l 6428.3.2.1. SAME. SAME. EXCEPTION. Unless expressly re- i quired by the Council, no insurance/shall be required for any street sign. / 6428.3.2.2. SAME. SAME. CONDITIONS. Such bond or policy shall be conditioned that th)l~rmittee shall indemnify and save harmless the City, its offic,ers and employees, from any and all loss, costs, damages, expense ~iability which may result from or arise out of the granting of tne permit, or the installation or maintenance I of the encroachment for which the permit is issued, and that the per- mittee shall pay an~nd all loss or damage that may be sustained by any person as a result of, or which may be caused by or arise out of I such installation or maintenance. The bond or policy of insurance I shall be maintained in its original amount by the permittee at his expense at a~ times during the period for which the permit is in effect. Inl'the event that two or more permits are issued to one per- I ' mittee, one such bond or policy of insurance may be furnished to I cover ~wo or more encroachments of the same type, and each bond or I pOliJ~ shall be of such a type that its coverage shall be automati- cal~y restored immediately from and after the time of the reporting ~any accident from which liability may thereafter accrue. 1 -4- 1279 6428.3.2.3. SAME. SAME. NON-CANCELLABLE. Such bond or j policy shall likewise provide that it is non-cancellable/upon less I f than fifteen days' notice in writing to the Clerk. ~ 6428.3.2.4. SAME. SAME. LIMITS. The limit of liability I I upon any bond or policy of insurance, posted pursuant to the require- ,I I ments of this Part, shall in no case be less than $100,000.00 for bodily inJuries to or death of one person, nor~ess than $300,000.00 for bodily inJuries to or death of more than;:ne person, nor less than $10,000.00 for property damage. ,~ a 6428.3.3. SAME. DURATION. Each permit issued under this I Division shall be of indefinite duration and shall remain in effect I until cancelled at the request of the permittee or until revoked by f the Council as hereinabove provided. f 6428.3.4. SAME. NUMBER LIMITED. Permits shall not be j issued for more than two benches at anyone location. Should more j , than two applications be mJie for benches at the same location, I such applications shall be given priority in the order of their TEMPORARY. Each permit issued under receipt. this Part shall be temporary only, and shall be revocable by the Council if apPl~nt fails to install the encroachment at the loca- tion specified;:ithin sixty (60) days after the issuance of the SAME. REVOCABLE FOR CAUSE. Every permit is- permit. sued under this Part may, at any time, without notice to the per- I mittee, be revoked by the Council upon its determination, based on ev~nce presented, that the encroachment constitutes a public haz- I ard by reason of its location or maintenance, that any provision of -5- 1279 1 this Part or any condition imposed in the issuance of the permit is , / being violated, or that any ground exists upon which the permit would have or should have been denied in the first instance. ~ . /' 6428.3.7. SAME. REVOCABLE UPON COMPLAINT. Every/permit / issued under this Part may be revoked by the Council after,/a hearing held upon at least three (3) days' notice in writing to~e permittee I mailed to his address shown upon his permit application, upon the com- ~ / plaint or objection made by the owner, tenant or p~rson in lawful j possession of the property abutting the location ~pon which an en- I croachment is placed or maintained under this Part. ~ v 6428.3.8. SAME. REFUND ON REVOCATION. Upon revocation of I a permit under the preceding Section, the applicable business license / fee shall be refunded at the rate of onej'fourth of the annual license j fee for each full quarter of a year remaining of the annual license I period. Upon revocation for cause, such refund shall be made as the # ff Council shall determine in its order of revocation. All orders and ! determinations made by the Counc~l pursuant to this Part shall be r , I final. 6428.3.9. SAME. I~HANGED CONDITIONS. If an encroachment ~ permit is denied or revoked as to a given location, no permit for an encroachment of the sam~ype may be issued with respect to such lo- cation unless the coun~l determines that the conditions warranting I or the reasons for such denial or revocation no longer exist or do not pertain to the~nCrOachment for which a permit is sought. 6428.~0. SAME. NON-TRANSFERABLE. Whenever an encroach- I ment for which a permit has been issued is sold, or title or control I thereof is transferred, a new permit must be obtained by the new its location and maintenance. 6428.3.11. SAME. NEW LOCATION. If an officially estab- Ii shed bus stop or passenger loading zone is changed from a location fOD~hiCh a perm~t for a bench has been issued under this Part, such ~Ch may be removed to the new location of such bus stop or passenger 1 -6- 1279 loading zone. In such case an amended permit applicatio~/shall be ;/ ,- filed and processed in the same manner as initial permil applica- If tions, but no additional or further fees shall be payable by reason /, f of such amended permit application. 6428.4. STREET BENCHES. ADVERTISING MATTER. No adver~ I tising matter or sign whatever shall be diSPlaYjd upon any bench except the front and rear surfaces of the backrest and not more than I 75% of each such surface shall be so used. No pictures or represen- I tations in irregular contour shall appear on any such bench., ',All I advertising shall be subJect to the apprjVal of the Council. 6428.4.1. SAME. SAME. LIMITATION. No advertisement or sign on any bench shall display thewJ.ds "stop", "Look", "Drive-In", I "Danger", or any word, phrase, symbol or character calculated to interfere with, mislead or distral'''traffic. ' 6428.4.2. SAME. MAINTENANCE. Each permittee shall main- tain each bench at all times in/a safe condition, and shall inspect I each bench at frequent intervals. 6428.4.3. SAME. SIDEWALK LOCATION. No bench shall be any sidewalk less than eighteen (18) inches placed or maintained nor more than thirty 13/') inches from the face of the adjacent curb, and other than paralle1 with such curb. 6428.4.4.~AME. DIMENSIONS. No bench shall be more than forty-two (42) incnes high nor more than two (2) feet, six (6) inches wide, nor more t~n seven (7) feet long overall. / 6428.M.5. SAME. IDENTIFICATION. Each bench shall have I displayed th~~eon, in a conspicuous place and manner, the name of the permittee and the permit number assigned thereto. ~428.5. LOCATION. No person shall locate or maintain any Ob~Tuction at a point or location other than that specified in the7pe~mit for such encroachment issued pursuant to this Part. 6428.5.1. REMOVAL. NO PERMIT. Every encroachment con- stlucted, placed, installed or maintained without a permit when re- ~ired by this Part shall be removed by the Street Superintendent. 1 -7- 1279 6428.5.2. REMOVAL. REVOCATION OR EXPIRATION OF PERMIT. I After the revocation of any pefinit, or upon the expiration of any / permit without a renewal thereof, the street Superintendent may, I and if so ordered by the Council shall, remove and store such en- , f # croachment for which a permit was revoked or thus eXPirjP. I 6428.5.3. RECOVERY AFTER REMOVAL. A permit~ee may re- I cover an encroachment thus removed and stored if, :7thin sixty (60) days after the removal, he pays to the City the cost of such re- I moval and storage, which cost shall not exceed $10.00 for removal I and $5.00 a month or fraction thereof for storage. f t 6428.5.4. DISPOSITION AFTER REMOVAL. After sixty (60) J f days since such removal, the Street Superintendent may sell, destroy I or otherwise dispose of such encroachment at his discretion. 6428.6. REMEDIES CUMULATIVEI.' All acts done pursuant to , I the preceding four (4) Sections sha~l be at the sole risk of the I permittee or owner of the encroachment. Remedies thus specified I shall be in addition to any othe~ remedy or penalty provided by law I or provided for the violation of any Section of this Part or Code. 6428.7. EXEMPTI~ Th, provl,lon, of thl, Part ,hall not apply to any encroaChmen:rPlaced upon public property by or at the direction of the City ~uncil, or by or at the direction of any of- ficer or employee of the City in the course of his employment and I in the proper disch&rge of his duties. 6428.8~THER ENCROACHMENTS. Nothing contained in this Part shall preclude the City Council from permitting any other type I ' of encroachment to be placed upon pUblic property upon such terms I and conditions as the City Council may prescribed in each instance. ~CTION 3. That a n,w S"tlon 6220.33.1 1, h,r,by add,d to Part ~Of Chapter 2 of Article VI of the Arcadia Municipal Code, the szamto read as follows: 6220.33.1, NEWSRACKS. $12.00 per year for the first three V) locations plus $4.00 per year for each additional location. 1 -8- 1279 /; of this or:::::::. 4. The Ci ty Clerk shall certify to/t~~:radoPtion /7 I HEREBY CERTIFY that the foregoing ordinance was adopted /' at a regular meeting of the City Council of the City of Arcadia held on the day of , 1965~y the affirmative vote of at least three Councilmen, to Wit:~/ AYES: NOES: ABSENT: City Clerk of the City of Arcadia day of , 1965. Mayor of the City of Arcadia A7 --City Clerk 1 -9- 1279