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HomeMy WebLinkAboutORD NO 680 ":i~V/SERIES OnDIN H CE TO PROVXDE FOR GUL TXON · :, BENtlIES ~ .~ONG THE ~'BLIC V~IAYS ~, USED. FOR, 5LIC COI~NIENCE A2.~ FOR .~VERTISING ~R~SES." BE IT OiiD~Ii~D BY T~ COUi~fCiL OF Ti~ CITY 0i,' D.~RSFILLD~ as follows: DECTiOL' 1, DZ~'iNiTIOI~. (a) "bench~" a seat located upon public property along any p~Blic way for the accommodation of passersby or persons awaiting transportation. (b) "btreet~" any 'public thoroughfare or way including the sidewalk~ the par_~J~ay and any other public property bordering upon a p~blic way, SECTION 2. PE~=IT iiE~UIRED Fi{Ol~ CITY KAi.I&GER. No person shall install or maintain any bench on any .street without a permit therefor from the City L~anager. A separate permit must be. obtained for each bench~ which permit shall be valid only for the particular location specified thereon, Each permit shall bear a separate number and not more than two permits shall be issued for any one location. SECTION 3- .~PPLICaTIOii FOR FEP&~IT - FEES - itEilEJ~L. (a) i.to bench permit shall be issued except upon written applica- tion~ made upon a form prescribed by the City Manager~ showing the proposed location of each bench~ the advertising~ if any'~ to appear thereon and such other information as the City Nanager may require,~ (b) Detailed plans and specifications of each bench shall be supplied by the applicant. (c) 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 ~e piece~ Where the bench' is ::jprO- posed to be located, giving his consent tO the installation~nd'.~"~]"~ maintenance of the bench. · (d) Each application must be signed by the owner of the bench. or benches for which permits are requested, and must be accompanied by an inspection fee of z~l.O0 for each such bench. (e) .If the application be granted, an additional fee o'f'~i .00 shall be collected for each bench for which a permit is ~Ssued, to be collected at the time of the issuance of the permit· (f) Each permit shall expire on July i next following th~:~!~ate of issuance unless renewed· & fee of $2.00 for each bench shall be charged for each annual renewal of the permit. ApplicatiOn for renewal must be made prior to the expiration date,.and must be accompanied by the renewal fee. (g) Whenever a bench for which a permit has been issued is sold or title or control thereof assigned or transferred, a new permit must be obtained for its maintenance. SECTION 4. Mm. Ri,~i I T S - DE NIaL - I~EVO C&T I 0 N. (a) The application shall be denied if theCity l~..ianager shall find that the maintenance of the bench would tend to obstruct passage along any public way or to create a hazard or would otherwise be detri- mental to the public safety~ welfare orbConvenience. (b) ~ny permit may be revoked, or renewal thereof denied, for any violation of any of the provisions of this section, for any fraud or misrepresentation in the application, or for any reason which would have been ground for denial of the application. (c) If the abuttinglowner withdraws his consent to'the continued maintenance of the bench, and gives written noticethereof to the City ~ianager, then, at the expiration of the current term of the permit, a renewal of the permit shall be denied. The City Lianager shall informer~· the permitteeof the receipt of such notice.~ (d) The application shall~ be canceled and denied if the,,~plli- cant fails .to deposit the annual fee land accept the 'permit wi~I days after notice of the approval of ~he~ appIicati6n by the Ci' ~ianager. (e) any permit issued under this section'~;shall ~be .canceled after the date of the issuance of the permit. '! · ',.. ,l:... ~;..,¥f~.; (f) The application sh~l be canceled ~d:~denied~ o~e permit' - ~.,, revoked~ as the case may be~ if 60~ of the property owner~nd/or tenants living or having their place of business within 200 feet of the location of said bench or benches protest the same. SECTION ~. ('~'=' L.a,'[FDZ INST.~LATION Ai'[D L~aI!,~Ei,~&NCE. .,.).~;..... (a) No permittee shall locate or maintain any ~ch at a less th~ 18 inches or more than 30 inches from the face of thej~'C~b~ and each bench-must be kept parallel with the curb. ;~,::.:~ (b) i~o bench shall be more than 42 inches high nor j~'. than 2 feet, 6 inches wide, nor more than 7 feet long, over~ all. (c) Each bench must have displayed thereon, in a conspic~s.' place, the name of the permittee and the permit n~ber. ' "~' (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.. j SECTION 6. BEi~CF, ES - ~DVERTISING &i~D SIGNS. (a) i~ advertising matter or sign whatever shall be displayed upon any bench except upon the front and rear surfaces of the backrest, and not more than 75j~ of each such surface shall be so used. No · pictures or representations in irregular contour shall appear onanY such bench. all advertising shall be subject to the approval of the City Council. (-b) i~o advertisement or sign~on any bench shall display the. "St~''' ~ "Look," "Drive-In," "Danger" o~ny other word, phrase, symbol or character calculated to interfere with, mislead or distract traffic. SECTION 7. . ~' . .: REMOVAL OF BENCt,~S. ,. "'-~ (a)-.After the 'revocation of any permit, the' Ci~;ty '~ger max , remove and store the bench, if the permittee failS%:~o do so within l0 days after notice. '-" -. ::~.:.' (b) ' ermittee recover the bench, within;;.;. O the removalt he pay the cost of s~ch removal a~d storaget 'which shall' not exceed ~2.00 for removal and ~5'.00 a month for s~ge~ for each ,2 , such bench. ~ter 60 days, the City ~danager may Sell~ destroy or otherwise dispose of the bench at his discre~ien,. All of the foregoing shall be at the sole risk of the permittee~ and' shall b~;:i'n addition to any other remedy provided by law for the violation gf this section. SECTIOii 8. The City Eanage~ shall enforce ~he 'p~oVisf6ns o~ this o~dinance~ have and Shall/complete authority ove~ the installation and maintenance o~ benchest sub~ec~ to the p~ovisions o~ ~his o~dinance. SECTION 9. REFUNDS - NOT PERflITTED. No fee paid.pursuant to this ordinance shall be refunded in the event the application is denied or the permit revoked, except that when, for any cause beyond the control of the permittee, a permit is revoked within 60 days after the date of the issuance or last renewal thereof, the $2.00 fee therefor for the current year may be refunded to the permittee, upon written demand filed within 6 months after the da~e-of.-,therevocation. SECTION 10. BOi~D OIl INSUR'aiq'CE POLICY. No permit shall be issued pursuant to this section unless the applicant shall post a~.~intain with the City Nanager,a-"-S~y bond or policy of public. liability ~surance, approved 'b~Ti~he City council ana conditioned as hereinafter provided. The:~mittee will indemnify and""save harness the City of Bakersfie!d, its officer~'~.~.~ liab~ity which may reset from or arise out~?~f the granting~0f the permit, or t~e ihSt~lation or maintenance of the benc~]~6r which the permit is ~ssued and that the permittee will PaXa~ and all loss or damage that may be sustained by a~ person as a~'~=~s~t of,. .]~r which may be caused by or arise out of such ins~alia~ion or ~i~tenance, The bond or policy of insurance sh~l be maintained in it'~'~:~rigi~l ~o~t by the permittee at his expense at all times duri~~ the period for which the permit is in effect. In the event that two or more permits are .., issued t0 one permittee, one such bond or policy of insurance may be furnished to cover two or more benches, and each bond. ~<' policy shall . be of such a type that its coverage shall be automatically restored iEediately from and after the time of the reporting of a~ accident from which liability may thereafter accrue. SECTION' ll. D0i'O OR II~UI~ANCE POLICY - LI[iT OF LIABILITY· The limit of liability upon any bond or poliC~70f insurance, posted pursuant to the requirements of this ordinance, shall in no case less than ~,000.00 for bodily injuriesto or death of one person· The permissible limit of liability for 'bodily injuriesordeath 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 schedule: t~BER OF BENCH P~;RliITS LINIT OF LIABILITY i to lO ................ . . ~lO,O00.O0 ll to 50 20,000 O0 -'~t "to-'--t00 "' ~0,000 O0 101 "= 80 000 O0 Or ~or8 . , . . . . . , . . , -, , . , . .. . ~ . o0o i imltEBY CERTIFY that the for~g~'Ordinance was] ~a~sed and adopted by the Council of the City of Bakersfie!d~-at a regular.' meeting thereof held on the ~Z~[day of June, 19~n~, by the fot~ing vote: AYES: CARNAKIS, CROSS,~, RYDER, SIE~ION, VANDERLEt, VERCAMMEN *':'; `'~::'" NOES: ~ ' ' :-- *~'~'~L~' ABSENT: ,_~ ............................ Council of the City of '~-k.~'rsfield. &PP~OVED this '/'//day of June, t9~. Affii avil of llosling (1)rMnan es V. VAN RIPER, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified Clerk of the City of Bakers field; and that on .............. !...l~...e. ............... [ ............ ,19.~.~.., he posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on ............. ..~....U~._e.. ............. ..~.. .............. , 19..-~.~.., which ordinance was numbered.....~'.....~'....~?. ....... .New Series, and entitled: "AN ORDINANCE TO PROVIDE FOR THE REGULATION OF THE INSTALLATION .AI© MAINTENANCE OF BENCHES, ALONG THE. Furi]LIC ~:I. AYS, USED FOR PUBLIC COIWEI~IENCE .AND FOR .ADVERTISING FdRPOSES. ,' · 8t~l~eribed and sworn to before me this .... ~.~ ......... dab, of ..... ~.~ ................ ~9....~ Notary Public in and for the County of Kern, State of California.