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HomeMy WebLinkAboutNS-1406EJC:adg 1/30/78 Rev. 4/25/78 Rev. 5/1/78 ORDINANCE NO. NS-1406 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE BY ADDING SECTIONS 33-100 THROUGH 33~113 REGULATING PLACEMENT OF BENCHES ON PUBLIC STREETS WHEREAS, over a period of time the locations of "benches", as defined herein, presently situated in the City of Santa Ana have been established by experience and are deemed, and the Council hereby finds the same to be without objection, and the Council further finds that maintenance of said benches at such locations does not tend to obstruct passage along any public street, or create a hazard, or otherwise be detrimental to the public safety, welfare or convenience. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Aha Municipal Code is hereby amended by adding an article, to be numbered Article IV of Chapter 33, entitled "Benches" which article reads as follows: ARTICLE IV. BENCHES Section 33-100. Definitions As used in this article: (a) "Bench" means a seat located upon any public street for the comfort, convenience or accom- modation of pedestrians, or for persons awaiting transportation. (b) "Bus shelter" means an enclosed or partially enclosed shelter located upon any public street for the comfort, convenience or accommodation of pedestrians, or for persons awaiting trans- portation. (c) "Street" is a way or place of whatever nature publicly maintained and opened to the use of the public for purposes of vehicular traffic. Section 33-101. Permit Required It shall be unlawful for any person, association, partnership or corporation to install or maintain any bench on any street within the City of Santa Aha unless there has been issued a permit therefor as provided in this article. A separate permit must be obtained for each bench, which permit shall be valid only for a particular location specified there- in. Each permit shall bear a separate number. Not more than one permit shall be issued for any one location unless the Director of Public Works finds that more than one bench is reasonably necessary to accommodate persons using benches at such location. ORDINANCE NO. NS-1406 PAGE TWO Section 33-102. · Permit Application (a) No bench permit shall be issued except upon written application, filed with, and upon a form prescribed by, the Director of Public Works, showing the proposed location of each bench and such other information as the Director of Public Works may require. (b) Detailed plans and specifications of each bench shall be supplied by the applicant in a form as approved by the Director of Public Works. (c) Each application for a permit to install a bench at a location not previously approved by the Director of Public Works prior to the ef- fective date of this ordinance shall be accompanied by an affidavit or declaration of the applicant, reciting that the applicant has caused the owner or person in lawful possession or control of the property abutting upon the public street at the place where the bench is proposed to be located to be served with a notice on a form prescribed by the Director of Public Works. Such notice shall state that the applicant will file an application for a permit and that the person receiving such notice may object to the location of the bench. (d) Each application must be signed by the owner or legal representative of the owner of the bench for which the permit is requested. Section 33-103. Permit - Fees; Renewal The application for a permit shall be accompanied by a nonrefundable permit fee for each bench as established by resolution of the City Council to defray the cost of processing such application. Each bench permit shall expire on the first day of April next following the date of issuance unless the permit has been renewed, in which case the date of expiration of the most recent renewal shall control. Each bench permit may be renewed, provided a renewal application is filed and a fee as established by resolution of the City Council is paid. Section 33-104. Permit - Indemnity; Insurance Prior to issuance of any permit under this ordinance, the Director of Public Works shall require: (a) That the applicant by filing such application does represent, stipulate, contract and agree that such applicant will indemnify and hold the City of Santa Ana and its officers and employees harmless against liability for any and all claims for damage to property, or injury to, or death of persons arising out of or resulting from the issuance of the permit or the placement of the bench. ORDINANCE NO. NS-1406 PAGE THREE (b) That the applicant shall obtain and file with the Clerk of the Council, and thereafter maintain during the term of any such permit, a comprehensive general liability insurance policy or policies, approved as to form by the City Attorney, issued by an insurance company or companies authorized to do business in the State of California. The City of Santa Ana, its officers and employees shall be named as additional insureds on said policy or policies. The policy limits of said insurance policy or policies shall be not less than three hundred thousand dollars ($300,000) combined single limit for both bodily injury and property damage or not less than: Property damage for each occurrence... $100,000 Bodily injury or death for each person $100,000 and for each occurrence .............. $300,000 Said policy or policies shall also contain a provision that no termination, cancellation, or change of coverage of insured or additional insured shall be effective until after twenty (20) days notice thereof has been given in writing to the Clerk of the Council. Section 33-105. Permit - Denial or Revocation (a) The application for a bench permit shall be denied if the Director of Public Works finds that the maintenance of the bench would tend to obstruct passage along any public street, or to create a hazard, or would otherwise be detri- mental to the public safety, welfare or convenience. (b) Any permit may be revoked or renewal thereof denied by the Director of Public Works for any violation of any of the provisions of this article, for any fraud or misrepresentation in the application, or for any reason which would have been grounds for denial of the application. (c) The application shall be denied if the applicant fails to deposit the permit fee and accept the permit within thirty (30) days after notice of the approval of the application by the Director of Public Works. (d) Any permit issued under this article shall be cancelled and revoked if the permittee fails to install the bench within sixty (60) days after the date of issuance of such permit. (e) If the owner, tenant or person in lawful possession or control of the property abutting the street at the place where the bench is to be located gives written notice of objection to such location to the Director of Public Works at any time before issuance of the permit that maintenance of the bench would tend to obstruct passage along any public street, or to create a hazard, or would otherwise be detrimental to the public safety, welfare or convenience, the ORDINANCE NO. NS-1406 PAGE FOUR Director of Public Works shall consider such notice in making the determination pursuant to subsection (a) of this section. If such written notice is received by the Director of Public Works after the date of issuance of the permit, the permit shall not be revoked but re- newal thereof shall be denied on the next renewal date if the Director of Public Works finds in accordance with subsection (a) of this section. Any such denial or revocation of any permit shall be subject to review upon filing of a timely appeal pursuant to the provisions of Chapter 3 of this code. (f) The City Council may on its own motion, with or without a hearing, deny the issuance of a permit approved by the Director of Public Works or may revoke a permit previously issued by the Director of Public Works, when the Council finds that maintenance of the bench would tend to or does obstruct passage along any public street, create a hazard, or would or is otherwise detrimental to the public safety, welfare or convenience. (g) Any permit issued under this article for a location where the City Council subsequently authorizes installation of a bus shelter shall be automatically revoked, unless otherwise permitted by the Director of Public Works in conjunction with such bus shelter. Section 33-107. Prohibited Locations No person, association, partnership or corporation shall install or maintain any bench: (a) In any alley. (b) At any location where the distance from the face of the curb to the nearest property line is less than seven (7) feet. (c) At any location, distant more than fifty (50) feet from the nearest intersecting street; provided that this requirement may be waived by the Director of Public Works upon a finding that observance of this requirement would re- sult in public inconvenience or hardship. (d) At any place except a designated public carrier stop. Section 33-108. Advertising (a) Ail advertising on any bench shall be sub- ject to the approval of the Director of Public Works. Within a period of ten (10) days after receipt, the Director of Public Works shall approve or disapprove submitted advertising. Failure to approve or disapprove within such time shall indicate an approval of the advertis- ing. Any person aggrieved by a decision of the Director of Public Works pursuant to this pro- vision may appeal such decision in accordance with Chapter 3 of this Code. ORDINANCE NO. NS-1406 PAGE FIVE (b) No advertising or sign shall be displayed on any bench except upon the front and rear surfaces of the back rest. (c) No advertisement or sign on any bench shall be displayed which would be offensive or ob- jectionable to the public, or which advertises competing services or products within a one (1) block radius of real property primarily devoted to providing such services or products. (d) No advertisement or sign on any bench shall advertise cigarettes or alcoholic beverages. (e) No advertisement or sign on any bench shall display any word, phrase, symbol or character likely to interfere with, mislead or distract traffic, or conflict with any official traffic control device. (f) A minimum of ten percent (10%) of all benches in areas devoted primarily to residential uses shall be without advertisements or signs. Section 33-109. Installation and Maintenance (a) Each bench shall have displayed in a con- spicuous place the name of the permittee and the permit number. (b) No bench .shall be more than forty-two (42) inches high, nor more than thirty (30) inches wide, nor more than seven (7) feet long. (c) No bench permittee shall locate or maintain any bench at a point less than eighteen (18) inches nor more than twenty-four (24) inches from the face of the curb, and each bench must be main- tained parallel with the curb, except as otherwise approved by the Director of Public Works where the circumstances are unusual. (d) It shall be the duty of the permittee to maintain each bench at all times in a clean, at- tractive, and safe condition and at its proper and lawful location, and to inspect each bench periodically. Section 33-110. Removal (a) The Director of Public Works may cause a bench to be removed and stored after expiration or revo- cation of the permit, or when a bench is placed or maintained in violation of any provision of this article or any requirement set forth in the permit, ORDINANCE NO. NS-1406 PAGE SIX if the permittee fails to remove or correct the same after ten (10) days notice thereof by mail. (b) The Director of Public Works may cause a bench which is placed on the street without a permit to be removed and stored. (c) The permittee or owner may recover a bench which has been removed and stored during the time specified in Santa Ana Municipal Code section 2-705 by paying the actual cost of such removal and storage. Unclaimed benches may be disposed of pursuant to the applicable provisions of law. (d) Ail of the foregoing shall be at the sole risk of the permittee or owner and shall be in addition to any other remedy provided by law. Section 33-111. Transfer Whenever a bench for which a permit has been issued is sold, or the title or control thereof assigned or trans- ferred, the permittee shall report such fact to the Director of Public Works within ten (10) days after such sale, trans- fer or assignment. The new owner of the bench shall, within such ten (10) day period, either remove the bench or obtain a permit for its maintenance. Section 33-112. Interference with Benches It shall be unlawful for any person, firm, corpor- ation or association, to tamper with, injure, deface or com- mit acts of vandalism upon any bench lawfully upon a public way, pursuant to the provisions of this article. Section 33-113. Enforcement The Director of Public Works shall enforce the pro- visions of this article. SECTION 2: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, claus~ phrase or portion thereof irrespective of the fact that any one or more section, subsections, clause or portions be declared invalid or unconstitutional. ORDINANCE NO. NS-1406 PAGE SEVEN SECTION 3: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty nor the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED by the City Council of the City of Santa Ana on the 15th day of May , 1978, by the following vote: AYES: COUNCILMEN: Yamamoto, Bricken, Evan$~ Garthe~ Brandt NOES: COUNCILMEN: Ward ABSENT: COUNCILMEN: 0rt~z MAYOR CLERK OF THE COUNCIL ~TH ~. GOW CITY ATTORNEY