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HomeMy WebLinkAboutOrdinance #581 ORDINANCE NO. 581 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH PROVIDING FOR THE PLACING AND REGULATION OF BENCHES IN AND ALONG PUBLIC WAYS. The City Council of the City of Huntington Beach, California , do ordain as follows: i Section 1: DEFINITIONS. The following words and phrases, whenever used in this code, shall be construed as defined in this Section unless from the context a different meaning is intended, or unless a different meaning is specifi- cally defined and more particularly directed to the use of such words or phrases: (a) "Bench," a seat located upon public property along any public way for the accommodation of passers-by or persons awaiting transportation, (b) "Street ," any public thoroughfare or way including the sidewalk, the parkway and any other public property bordering upon a public way. . Section 2: BENCHES - WHERE PROHIBITED. No person 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 10 feet. (c) At any location distant more than 50 feet from -1- the nearest intersecting street ; provided that whenever, in the opinion of the Street Superinten- dent, observance of this requirement would result in inconvenience or hardship, this requirement may be waived by the said officer. Section 3: PERMIT REQUIRED. No, person shall install or maintain any bench on any street without a 1 permit. Application for said permit shall be filed with the Street Superintendent of the City of Huntington Beach who shall examine and investigate the same and place his endorsement thereon and present it to the City Council at its next meeting. The City Council shall examine said application and grant or reject the same. . A separate permit must be obtained for each bench, which permit shall. be valid only for the particular location specified therein. Each permit shall bear a separate number. The Street Superinten- dent shall identify each bench for which permit is issued with suitable markings for identification. Section 4: APPLICATION FOR PERMIT - FEES RENEWAL. (a) No bench permit shall be issued except upon written application, showing the proposed location of each bench. (b) Each application must be accompanied by a writing signed by the owner or person in lawful possession or control of the property abutting upon the public street at the place -2- Ord. 581 where the bench is proposed to be located, giving his consent to the installation and maintenance of the bench. (c) Each application must be signed by the owner of the bench for which permit is requested, and must be accompanied by an inspection fee of $1.00. Only one inspection fee shall be re- quired for each bench. (d) If the application be granted, an additional fee of $3.00 shall be collected for each bench for which a permit is issued, to be collected at the time of the issuance of the permit. (e) Each permit shall expire on July lst next following the date of issuance unless renewed. A fee of $3.00 for each bench shall be charged for each annual renewal of the permit . Appli- cation for renewal shall be made prior to the expiration date of said permit. No permit shall be renewed in the event the permittee has failed to comply with any provision of this ordinance. (f) [whenever a bench for which a permit has been issued is sold or title or control thereof as- signed or transferred, the permittee shall re- port such fact to the Street Superintendent, within ten days , and a new permit must be ob- tained for its maintenance or the bench removed within ten days of such sale , assignment or transfer. -3- Ord® 581 Section 5: PERMITS - DENIAL - REVOCATION. (a) The application shall be denied if the Street Superintendent shall find that the maintenance of the bench would tend to obstruct passage a- long any public way or to create a hazard or would otherwise be detrimental to the public safety, welfare or convenience. (b) Any permit may be revoked, or renewal thereof denied, for any violation of any of the pro- visions of this section, for any fraud or mis- representation in the application, or for any reason which would have been ground for denial of the application. (c) If the abutting owner withdraws his consent to the continued maintenance of the bench, and gives written notice thereof tb.. the Street Superintendent , then, at the expiration of the current term of the permit, a renewal of the permit shall be denied. The Street Superin- tendent shall inform the permittee of the re- ceipt of such notice . (d) The application shall be cancelled and denied if the applicant fails to accept the permit within ten days after notice of the approval of the application by the Street Superintendent . (e) Any permit issued under this section shall be cancelled and revoked if the permittee fails to install the bench within sixty (60) days -4- Ord. 581 after the date of the issuance of the permit. (f) The application shall be cancelled and denied, or the permit revoked, as the case may be , if 60% of the property owners and/or tenants living or having their .place of business within 200 feet of the location of said bench or benches protest the same . Section 6: BENCHES - LAWFUL INSTALLATION AND MAINTENANCE . (a) No permittee shall locate or maintain any bench at a point less than 18 inches or more than 30 inches from the face of the curb ex- cept as* otherwise approved by the Street Superintendent. (b) No bench shall be more than 42 inches high nor more than 2 feet , 6 inches wide, nor more than 7 feet long , over all. \, (c) Each bench must have displayed thereon, in a conspicuous place, the name of the permittee and the permit number. (d) It shall be the duty of the permittee to maintain each bench at all times in a safe condition and at its proper and lawful location, and to inspect each bench periodically. Section 7e BENCHES - , ADVERTISING AND SIGNS , (a) No advertising matter or sign whatever shall be displayed upon any bench except upon the _5_ Ord® 581 front and rear surfaces of the backrest, and not more than 75% of each such surface shall be so used. All advertising copy shall be approved by the Street Superintendent of the City of, Huntington Beach before being placed upon any bench in the City of Huntington Beach under this ordinance , provided however, that an appeal may be taken to the City Council from the re- fusal of the Street Superintendent to approve any advertising copy. No permit shall be issued for advertising copy which would be offensive or objectionable to the public. (b) No advertisement or sign on any bench shall display the words "STOP, It " LOOK," "DRIVE-IN," "DANGER," or any other word, phrase , symbol or character calculated to interfere with, mislead or distract traffic. Section 8: REMOVAL OF BENCHES. (a) After the revocation of any permit, the Street Superintendent may remove and store the . bench, if the permittee fails to do so within ten days after notice. (b) The pe rmittee may recover the bench, if within 60 days after the removal, he pay the cost of such removal and storage , which shall not ex- ceed $5.00 for removal and $5.00 a. month for storage , for each such bench. After 60 days the Street Superintendent may sell, destroy or -6- Ord. 581 otherwise dispose of the bench at his discretion. All of the foregoing shall be at the sole risk of the permittee , and shall be in addition to any other remedy provided by law for the viola- tion of this section. Section 9: ENFORCEMENT. The Street Superintendent shall enforce the.--Provisions oft his ordinance, and shall have complete authority over the installation and maintenance of- . benches , subject to .the provisions of this ordinance . Section 10: REFUNDS - NOT PERMITTED, No fee paid pursuant to this ordinance shall be refunded in the event the application is denied or the permit revoked. .Section 11: BOND OR INSURANCE POLICY. (a) No permit shall be issued pursuant to this section unless the applicant shall post and maintain with the City Clerk a surety bond or policy of public liability insurance , approved by the City Attorney and conditioned as herein- after provided, (b) The bond or policy shall be conditioned that the permittee will indemnify and save harmless the City of Huntington Beach, its officers and employees from any and all loss , costs, damages , expenses or liability which may result from or arise out of the granting of the permit , or the installation or maintenance of the bench =for which -7- Ord. 581 the permit is issued and that the permittee will 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 permittee at his expense at all times during the period for which the permit is in effect. In the event that two or more permits are issued to one permittee , one such bond or policy of insurance may be furnished to cover two or more benches, 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. Section 12: BOND OR INSURANCE POLICY - LIMIT OF LIABILITY. The limit of liability upon any bond or policy of insurance , posted pursuant to the requirements of this ordin- ance , shall in no case be less than $5,000.00 for bodily in- juries to or death of one person. The permissible limit of liability for bodily injuries or death of more than one person shall depend upon the number of bench permits covered thereby and shall not be less than the amount specified in the following: Number of Bench Permits Limit of Liability 1 to 10 11 to 50 20'000.00 -8= Ord. 581 Section 13: PENALTY FOR VIOLATION. Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction therefor shall be punishable by a fine of not more than $300.00 or by imprison- ment for not more than six -(6) months' or by both such fine and imprisonment. Section 11+: The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published by one insertion in the Huntington Beach News, a weekly newspaper printed, published and circulated in the City of Huntington Beach' California;' and thirty days after the adoption thereof the same shall take effect and be in force. PASSED AND ADOPTED this 3rd day of March 19520 ` ' S fB- G , Mayor biro-tem ATTEST: ';-SIK City Clerk t -9® Ord. 581 STATE OF CALIFORNIA ) County of Orange ) ss City of Huntington Beach ) I, JOHN L. HENRICKSEN, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is five ; that the foregoing ordinance was first read to said City Council at a regular meeting ,thereof held on the 18th I day of February 1952, and was again read to said City Council at a regular meeting thereof held on the 3rd day of March 1952 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council, as follows: AYES: Councilmen: Talbert, LeBard, Seabridgeo NOES : Councilmen: None. ABSENT: Councilmen: Greer, Langenbecko 0 Ili L.. x :_ %1;S City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California . -10-