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HomeMy WebLinkAbout1093 ORDINANCE NO. 1093 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REGULATING THE PLACING AND MAINTAINING OF BENCHES IN AND UPON PUBLIC STREETS AND PROPERTY, AND REPEALING ORDINANCE NO. 838.0F SAID CITY. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. DEFINITIONS. For the purpose of this ordinance, certain words and phrases shall be construed as herein set forth, un- less it is apparent from the context that a different meaning is in- tended. a. "Bench" shall mean and include any seat, chair, bench or similar device located in or upon any street or other public property for the use or accommodation of passersby or persons awaiting trans- portation. b. "Advertising Bench" shall mean and include any bench on or upon which any kind of advertising matter is placed, maintained or displayed. c. "Nonadvertising Bench" shall mean and include any bench on or upon which no kind of advertising matter is placed, maintained or displayed. SECTION 2. PERMIT REQUIRED. No person shall construct, in- stall, place or maintain a bench on any street or other public prop- \ erty within the City without first obtaining a written permit therefor from the Council. A permit must be obtained for each bench thus constructed, placed, installed or maintained. Each permit shall be valid only for the particular location or locations specified thereon. SECTION 3. . APPLICATION FORM. Applications for bench per- mits under this ordirBnce shall be made on forms prepared and made available by the License Officer, and completed and filed as herein- after provided. Each such permit application shall be numbered -1- 1093 consecutively. The number of such application shall be assigned to any permit which may be granted pursuant thereto. Each application for a permit under this ordinance shall contain at least the following information: a. The name, address and telephone number of applicant, who must be the owner of each bench for which application is made. b. The proposed location of each bench for which permit ap- p1J.,;ation is made, together with the name and address of the owner or tenant of the property abutting each such proposed location. c. A description of each bench, showing its type, general dimensions, and materials of construction. d. A statement by applicant whether or not it is proposed to place advertising matter on any bench for which application is made, and if so upon which bench. All advertising matter placed on benches shall, at all times, be subject to the continuing approval of the Council. e. A statement by applicant that applicant is familiar with the provisions of this ordinance, approves the same, and if granted the permit applied for, will observe, abide by and be bound by the provisions of this ordinance. SECTION 4. FILING AND FEE. Each application for a permit under this ordinance shali be filed with the License Officer, accom- panied by the payment of the sum of one dollar ($1.00) for each bench specified in the application, to cover in part the cost of inspecting the benches and the proposed locations. Said fee shall in no event be refunded. SECTION 5. INVESTIGATION. Upon the filing of each applica- tion for a permit under this ordinance, the License Officer shall notify the Chief of Police thereof and of the proposed locations of the benches for which applica ti on is made. \1i thin fifteen days after the filing of such an application, the Chief of Police shall make an -2- 1093 investigation of each proposed location and shall endorse on the ap- plication either his approval or his disapproval thereof, and in the event of disapproval he shall likewise state the reasons therefor. SECTION 6. SUBMISSION TO COUNCIL. At the first Council meeting following receipt of such endorsement, the License Officer shall present each such application to the City Council for action thereon. When an application for a permit under this ordinance is thus submitted to the City Council, the Council may issue a permit in accordance therewith, may impose such conditions thereon as it deems necessary or proper, may deny the issuance of a permit as to any or all of the locations specified therein, may receive addi- tional evidence concerning any phase of the application, and for this purpose may continue action on such application from time to time or refer such application to any agency of the City for further invest1- gation and report. SECTION 7. INSURANCE. No permit shall be issued pursuant to this ordinance lmless the applicant shall post and maintain with the Clerk a surety bond or policy of public liability insurance, ap- proved by the City Attorney and conditioned as hereinafter provided. Such bond or policy shall be conditioned that the permittee shall indemnify and save harmless the City, its officers and employees, from any and all loss, costs, damages, expense or liability which may result from or arise out of the granting of the permit, or the in- stallation or maintenance of any bench for which the permit is issued, and that the permittee shall pay any and 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 such installation or maintenance. The bond or policy of insurance shall be maintained in its original amount by the per- mittee at his expense at all times during the period for which the permit is in effect. In the event that two or mere permits are is- sued to one permittee, one such bond or policy of insurance may be -3- 1093 furnished to cover two or more permits and each bond or policy shall be of such a type that its coverage shall be automatically restored immediately from and after the time of the reporting of any accident from which liability may thereafter accrue. Such bond or policy shall likewise provide that it is noncancellable upon less than fifteen days' notice in writing to the City Clerk. The limit of liability upon any bond or policy of insurance, posted pursuant to the require- ments of this Sectl.rn, shall in no case be less than fifty thousand dol- lars ($50,000) for bodily injuries to or death of one person, nor less than one hundred thousand dollars ($100,000) for bodily injuries to or death of more than one person, nor less than five thousand dollars ($5,000) for property damage. SECTION 8. EXPIRATION. Each permit issued under this ordinance shall expire 'the last day of the calendar year for which it was. issued. SECTION 9. RENEWALS. A~plication for the renewal of a per- mit must be made prior to the expiration date of such permit. All provisions of this ordinance with respect to initial applications shall be applicable to renewal applications, except that the inspec- tion fee specified in Section 4 shall not be required. SECTION 10. MAXIMUM AT LOCATION. Permits shall not be is- sued for more than two benches at anyone location. Should more than two applications be made for benches at the same location, such appli- cations shall be given priority in the order of their receipt. SECTION 11. TEMPORARY. Each permit issued under this ordi- nance shall be temporary only, and shall be revocable by the Council as to each bench which applicant fails to install at the location specified within sixty days after the issuance of the permit. SECTION 12. REVOCATION FOR CAUSE. Every permit issued -4- 1093 under this ordinance may, at any time, without notice to the permittee, be revoked by the Council as to. any bench which it determines on evi- dence presented, constitutes a public hazard by reason of its location or maintenance, that any provision of this ordinance 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. SECTION 13. REVOCATION UPON COMPLAINT. Every permit issued under this ordinance may be revoked by the Council as to any bench or benches after a hearing held upon at least three days' notice in writ- ing to the permittee mailed to his address shown upon his permit ap- plication, upon the complaint or objection made by the owner, tenant or person in lawful possession of the property abutting the location upon which such bench is placed or maintained under this ordinance. SECTION 14. REFUND ON REVOCATION. Upon such revocation, the applicable business license fee shall be refunded at the rate of one- fourth of the annual license fee for each full quarter of a year re- maining of the annual license period. Upon revocation for cause, such refund shall be made as the Council shall determine in its order of revocation. All orders and determinations made by the Council pursuant to this ordinance shall be final. . , SECTION 15. CHANGED CONDITIONS. If a bench permit is de- nied as to a given location, no new permit may be issued with respect , to such location unless the Council determines that the conditions warranting such denial or revocation no longer exist as to such loca- tion. SECTION 16. NONTRANSFERABLE. Whenever a bench for which a permit has been issued is sold, or title or control thereof is trans- ferred, a new permit must' be obtained by the new owner for its loca- tion and maintenance. -5- 1093 SECTION 17. NEW LOCATION. If an officially established bus stop or passenger loading zone is changed from a location for which a bench permit has been issued under this ordinance, such bench may be removed to the new location of such bus stop or passen- ger loajing zone. In such case an amended permit application shall be filed and ,processed in the same manner as initial permit appli- cations, but no additional or further fees shall be payable by rea- son of such amended permit application. SECTION 18. ADVERTISING MATTER. No advertising matter . or sign whatever shall be displayed upon any bench except the front and rear surfaces of the backrest and not more than seventy-five percent (75%) of each such surface shall be so used. No pictures or representations in irregular contour shall appear on any such bench. All advertising shall be subject to the approval of the Council. No advertisement or sign on any bench shall display the words "Stop", "Look", "Drive-In", "Danger" or any other word, phrase, symbol or character calculated to interfere with, mislead or distract traffic. SECTION 19. MAINTENANCE. Each permittee shall keep each bench at all times in a safe condition, and shall inspect each bench at frequent intervals. SECTION 20. LOCATION. No permittee shall locate or main- tain any bencn at a point or location other than th& specified therefor in the permit for such bench. SECTION 21. SIDEWALKS. No bench shall be placed or main- tained upon any sidewalk less than eighteen (18) inches nor more than thirty (30) inches from the face of the adjacent curb, and other than parallel with such curb. SECTION 22. DIMENSIONS. No bench shall be more than forty- two (42) inches high nor more than two (2) feet six (6) inches wide, nor more than seven (7) feet long overall. -6- 1093 SECTION 23. IDENTIFICATION. Each bench shall have displayed thereon, in a conspicuous place and manner, the name of the permittee and the permit nunilier assigned thereto. SECTION 24. REMOVAL. Ev~ry bench constructed, placed, in- . stalled or maintained without a permit when required by this ordinance shall be removed by the Street Superintendent. After the revocation of any permit, or upon the expiration of any permit without a renewal thereof, the Street Superintendent may, and if so ordered by the Council shall, remove and store such bench for which a permit was revoked or thus expired. A permittee may recover a bench thus re- moved and stored if within sixty days after the removal, he pays to the City the cost of such removal and storage, which cost shall not exceed two dollars ($2.00) for removal and five dollars ($5.00) a month or raction thereof for storage. After sixty (60) days since such removal, the Street Superintendent-may sell, destroy or other- wise dispose of such bench at his discretion. SECTION 25. REMEDIES CUMULATIVE. All acts done pursuant to the preceding section shall be at the sole risk of the permittee or bench owner, and the remedies thus specified shall be in addition to any other remedy or penalty otherwise provided for the violation of any section of this ordinance and other ordinances of the City of Arcadia. SECTION 26. PENALTY. Any person, firm or corporation vio- lating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, ~ld upon conviction thereof shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprison- ment in the City Jailor the County Jail for a period of not more than ninety (90) days, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate of- fense for every day during any portion of which any violation of any provision of this ordinance is committed, continued or permitted by such person, firm or corporation, and any use, occupation or building -7- 1093 or structure maintained contrary to the provisions hereof shall con- stitute a public nuisance. SECTION 27. REPEAL. Ordinance No. 838 entitled "AN ORDI- NANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, REGULATING THE PLACING AND MAINTAINING OF BENCHES IN AND UPON PUBLIC STREETS AND PROPERTY", adopted January 2, 1952, is hereby repealed. SECTION 28. CERTIFICATION. The City Clerk shall certify to the adoption of this ordinance and prior to the expiration of fifteen (15) days from the passage thereof shall cause the same to be published once in the Arcadia Tribune and Arcadia News, a news- paper of general circulation published and circulated in the City of Arcadia. 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 16th day of August of at least three Councilmen, to wit: , 1960, by the affirmative vote AYES: Councilmen Balser, Phillips, Reibold and Camphouse NOES: Councilman Butterworth ABSENT: None Pf}f~) O~J~ O/CAJ City Clerk of the City 0 Arcadia SIGNED AND APPROVED chis 16th day of August , 1960. ATTEST: ~d,~ City Clerk ~or of the City Il!IRlTEMPORE (SEA:"") -8- 1093