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HomeMy WebLinkAbout0838 ORDINANCE NO. 838 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, REGULATING THE PLACING AND MAINTAINING OF BENCHES IN AND UPON PUBLIC STREETS AND PROPERTY. THE CITY COUNCIL OF THE CITY OF ARCADIA DOES ORDAIN AS FOLLOWS: Section 1. Definitions: (a) "Bench", as the term is used in this ordinance, shall mean and include any seat, chair, bench or similar dev,ice located in or upon any street, as hereinafter defined, for the accommodation of passers-by or persons await- ing transportation. (b) "Street", as the term is used in this ordinance, shall mean and include any public thoroughfare or way, including the sidewalk, parkway and curbing, and any other publiC property bordering upon a public way. (c) "Maintain, as the term iSlEed in this ordinance, shall mean and include construct, erect, place and permit to be. Section 2. Permit Reauired. No person, firm or corpo~ation shall maintain any bench in or upon any street with- out first having applied for and received and possessing during all such times a valid, unrevoked permit from the City Council for each such bench. Section ~~ Permit Procedure. Each such application shall be made, considered and granted in accordance with the form and procedure prescribed in Section 18 of Ordinance 737 of the City of Arcadia, as amended by Ordinance 823 of said city. In -1- OAC/ ,f"ff? addition to other matters required thereby, the application shall contain: (a) A statement that the applicant is the owner of each bench for which application is thus made; (b) The proposed location of each such bench; (c) The number of benches for which permits are held by the applicant at the time of making such application and the respective numbers of such permits; (d) A description of each bench for which application is thus made showing its type, dimensions and materials of construction; (e) One of the following: I~A signed statement of the owner or person in lawful possession or control of any improved property abutting upon the street at the place where each such bench is proposed to be located, giving his consent to the installation and maintenance of such bench; 2~A statement that such a signed statement has been requested by the applicant from such owner or occupant and has been refused by such owner or occupant; 3~A statement that such abutting property is unimproved; (f) A description or statement indicating the nature of the advertising, if any, to appear thereon, and the area or areas upon such bench where such advertising is to appear; (g) A statement by applicant that, if granted a permit as required in this Ordinance, he will observe, abide by and be bound by each of the provisions of this ordinance, and each condition upon which the permit is approved by the City Council. -2- OA-C/ r;3J>' Section 4. Fees & Bond ReQuired. Upon approval by the City Council of an application for a permit hereunder, and prior to the issuance of such permit to the permittee and prior to the maintaining of any bench in or upon any street, such permittee shall pay to the City of Arcadia the sum of $50.00 plus $5.00 for each bench for which a permit has been granted, and shall file with the City Clerk a surety bond or policy of public liability insurance in the amount of $100,000.00 public liability and $5,000.00 property damage, approved by the City Attorney as to form, and conditioned as approved in the next section. All moneys collected under any provision of this ordinance shall be deposited to the General Fund of the City of Arcadia. Section 5. Terms of Bond. The bond or policy required by the preceding section shall be conditioned that the permittee will in- demnify and save the City of Arcadia, its officers and employees, free and harmless from any and all loss, costs, damages, expenses and liability which might result from or arise out of the granting of a permit or the maintenance of a bench for which the permit is issued, and that the permittee will pay any and all loss or damage which may be sustained by any person as a result of, or which may be caused by, or arise out of such maintenance. The bond or policy of insurance shall be maintained in its original amount bI the permittee at his expense at all times during the period for which the permit is in effect. Each such bond or policy shall be of such a type that its coverage shall be automatically restored immediately after the time of any accident from which liability may thereafter accrue, and shall specifically provide that the same shall not be exhausted by successive suits upon the same, and further that the same shall not be cancelable without 10 days' prior written notice delivered to the City Clerk. Section 6. Contents of Permit. Upon compliance with the preceding section by the permittee, the City Clerk shall issue to - 1 - 04<"/ Y3f" the permittee the permit approved by the City Council, which permit shall contain the date of its issuance, date of its expiration, the name and address of the permittee, the location of the benches, a number be assigned to each bench covered by the permit, and a statement of the conditions, if any, upon which the permit was approved. The City Clerk shall keep an index of all permits issued hereunder and of the bench numbers assigned under each permit. During all times that ;a' bench is maintained in a street under this ordinance, the number a~signed by the clerk to each such'bench shall be plainly stenciled thereon by the permittee in numerals at least one inch in height and three-quarters of an inch in width, in water- proof paint of a color to be plainly legible at least five feet therefrom. Section 7. Maintenance of Benches. No permittee shall maintain any bench in or upon any street other than at the location specified therefor in the permit issued hereunder for such bench. Each bench maintained pursuant to any permit issued under the provisions of this ordinance shall at all times be maintained by the permittee in a safe condition and at the location specified in the permit, and shall be inspected by the permittee at least once a month for the purpose of ascertaining that such bench has not been moved or relocated or been damaged or become dangerous or defective. Section 8. Removal of Unlawful Benches. Within 30 days after the effective date of this ordinance, every bench for which a permit is required by this ordinance shall be removed from the street by the owner thereof, unless a permit shall have been granted pur- suant to this ordinance for the continued maintenance of such bench at its respective location. Upon the expiration of any permit issued hereunder, the permittee shall remove all benches from publiC streets for which there is no valid permit issued hereunder and still in effect. Any bench maintained in any street contrary to any provision of this ordinance may be removed by the Chief of Police and placed in storage at any place selected by him. -4- The U.A-C/ y;? fY owner thereof may reclaim any bench thus stored, within 30 days after such removal, by payment to the Chief of Police the sum of $2.00 to cover the cost of such removal, and the further sum of $2.00 per week or fraction of a week for storage for each bench thus removed and stored. Upon the expiration of 60 days after such removal, the Chief of Police may sell, destroy or otherwise dispose of all benches thus removed. All of the foregoing shall be at the sole risk of the owner and shall be cumulative to any other remedy provided for the violation of this ordinance. Section 9. Termination of Permits. Every permit issued pursuant to this ordinance shall expire and be of no further effect at the end of the calendar year for which such permit was issued. Any permit issued under this ordinance may be cancelled, suspended or revoked by substantial compliance with the procedure prescribed in Section 19 of Ordinance 737 of the City of Arcadia, as amended by Ordinance 823 of said city, upon any ground specified in said Section 19 as amended or for the violation of any provision of this ordinance on for non- compliance with any condition upon which such permit is approved hereunder. Section 10. Penalty. Any person, firm or corporation violating any of the provisions of this Ordinance or any condition upon which a permit is issued hereunder shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than Five Hundred ($500.00) Dollars, or by imprisonment in the City Jail of said City of Arcadia, or in the County Jail of the County of Los Angeles, State of California, at the discretion of the Committing Magistrate for a period not exceeding six months, or by both such fine and imprisonment. Section 11. Effective Date. The City Clerk shall certify to the adoption of this Ordinance and prior to the expiration of fifteen - 5 - ~J~P (15) days from the passage thereof, shall cause the same to be published once in the Arcadia Bulletin, a newspaper of general circulation, published and circulated in the City of Arcadia, and thirty days from and after the final passage thereof said Ordinance shall take effect and be in force. 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 2nd day of January 1952, by the affirmative vote of at least three Councilmen, to-wit: AYES: NOES: ABSENT : Councilmen Kennett, Klomp, Nottlngham,Schmocker and Sullivan None None /'~ L ~~~ City Clerk of the C ty o~ ,cadia / F ' SIGNED AND APPROVED this 2nd day ry 19~ Mayor of the ity of Arcadia ATTEST: g=~I~/- - 6 - . OA.<J p::;>r