HomeMy WebLinkAboutOrdinance 1444Courtesy Bench Ordinance
ORDINANCE # 1444
BEING AN ORDINANCE AMENDING THE COURTESY BENCH SECTION OF THE
CITY CODE (Section 6.303) AND ESTABLISHING A NEWSSTAND ORDINANCE
The City of Columbia Heights does hereby amend City Code Section 6.303 to read as follows:
Purpose.
The purpose of this ordinance is to regulate the placement and maintenance of Courtesy
Benches for public transit in public fight-of-ways and on private property if the bench is
within three (3) feet of the public right-of-way. Benches without advertising signs that are
located on private property and more than three (3) feet from the public right-of-way are
exempt fi.om the provisions set forth in the advertisement restriction section of this
ordinance, but are subject to all other applicable sections of this code.
Permit Required.
It is unlawful for a person to place a Courtesy Bench in a public fight-of-way or on private
property within three (3) feet of the public fight-of-way without first obtaining a permit as
provided in this section.
This section shall apply to all existing and future Courtesy Benches installed
within said City. The Courtesy Bench owner shall renew the permit once
issued annually.
(2) The permit period shall be fi.om April 1 to March 31 annually.
(3)
Permits for courtesy benches will be granted only on existing and approved
Metro Transit bus routes within the City, on the condition that the bench
locations satisfy the location requirements set forth by the City.
Permits and Applications.
Application for permits shall be made to the Community Development License/Permit Clerk
or designee of the City Manager. The application shall contain the following information:
(1)
Scale drawing showing the size and location of the Courtesy Bench relative to
all other objects on the property including the layout of applicable adjacent
roadways, intersections, traffic signage, sidewalks, trails, utility poles, fences
and other objects within the vicinity;
(2) Name, address and phone number of applicant;
(3)
Detailed plans and specifications of each proposed bench, if any, to be posted
thereon and total surface area intended as signage not to exceed 12 square feet
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using only the front, or seating side surface of the bench rest. Advertising
material may not exceed the length of the bench.
(4)
A current general liability Certificate of Insurance from an insurance company
that is rated "A" or better by A.M. Best Company and authorized to conduct
business in the State of Minnesota, naming the City as additional insured in
the minimum amounts as follows:
# o£Bench Permits Limit o£Liabilitv
i. 1-10 Benches $250,000
ii. 11-50 Benches $500,000
iii.50 or more $1,000,000
for any and all claims arising out of the use or existence of the Courtesy
Bench(s) and approved by the City Manager or designee of City Manager.
The certificate shall provide for automatic notification of the City with a
minimum 30 days advance notice in the event of cancellation.
(5)
A graphic showing the public transportation bus service that serves the
proposed Courtesy Bench and the specific bus stop location and number, if
applicable.
(6)
An executed hold harmless agreement from the permittee, approved by the
City Manager or designee, protecting the City from any and all claims arising
out of the use and existence of the Courtesy Bench;
(7)
Written consent from the abutting property owner for placement of any bench
on private property within three (3) feet of the public fight-of-way. The
abutting property owners shall be deemed to be the person or entity shown as
such on the Anoka County tax records.
(8)
The application shall be forwarded to the City Engineer for review and
recommendation.
(9) Such other information that the City Manager may require
Conditions Governing Issuance of Permits.
This section govems the issuance of a permit for a Courtesy Bench.
(1)
Permit for Each Bench. A separate permit is required for each Courtesy
Bench, but renewals may be granted for more than one location on the basis of
a single application - provided that the City Manager or city designee is
satisfied that all the information required by this section has been supplied for
each proposed Courtesy Bench.
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(2)
Transfer: New Permit. If a Courtesy Bench for which a permit has been issued
is sold or title or control thereof is transferred or assigned, a new permit shall
be required.
(3)
Location. No permit may be issued for the installation of Courtesy Benches,
on approved transit routes in the following places:
(A) on a transit route upon which the City has constructed or has let a contract to
construct a public street beautification (streetscaping) project.
on a public sidewalk where the right-of-way is less than nine (9) feet in width or
on any private sidewalk or trail without the written consent of the abutting
property owner;
(C) in an alley;
(D) at any location more than 50 feet from the nearest point of intersections with a
street, unless the City Manager so authorizes;
(E)
within 15 feet of any intersection or other locations as the City Manager may
determine which impedes safety by obstructing the vision of pedestrians or
motorists;
(F)
other locations, which the City Manager or staff member determines would
potentially restrict pedestrians' traffic, pose a snow and ice control problem,
obstruct vehicular traffic or otherwise be detrimental to the public safety,
convenience or welfare.
Permit Fees.
Fees for Courtesy Benches shall be as set forth in the City of Columbia Heights Licensing
Fee section.
Insurance Requirements.
Permit holders shall deliver to and keep on file with the City's Finance Department a current
general liability Certificate of Insurance meeting the requirements of this ordinance, naming
the City of Columbia Heights as an additional insured. The insurance shall be maintained in
its original amount by the permit holder at his or her expense at all times during the period
for which the permit is in effect. When two or more permits are issued to one person one
insurance policy may be furnished to cover two or more Courtesy Benches, and the policy
shall be of a type which coverage is automatically restored upon occurrence or any accident
or loss from which liability may hereafter accrue.
Permits: Approval and Issuance.
If the City Manager is satisfied that all of the conditions stated in this section have been met
and that the creation and maintenance of the Courtesy Bench at the proposed location will
not restrict pedestrian traffic or otherwise be detrimental to public safety, he shall approve
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the application. The License/Permit Clerk shall not issue a permit until the insurance and
hold harmless agreement are provided and approved by the City.
Revocation of Permit.
The City Manager may revoke or deny renewal of any permit for failure to comply with the
provision of this ordinance, the Zoning Code, for misrepresentation of material facts in the
original application, for failure to maintain the Courtesy Bench, because the bench is
considered a safety hazard, because the bench location is no longer served by the public
transportation, because the transit route on which the bench is located has or will be included
in a streetscaping project or for any reason which would have been grounds for denial of the
original application.
All courtesy bench locations are subject to a site plan review by the City's Engineering
Department. If the courtesy bench location is deemed unsuitable by the Engineering
Department, the permit will be revoked by the City Manager or appointed designee.
Installation and Maintenance.
O)
Location. Courtesy Bench shall be installed parallel with the curb, sidewalk or trail,
and set back at least three (3) feet from the back of the curb. Further, there shall be a
minimum clearance of six (6) feet from the back of the bench to any structure or
landscaping along or near any sidewalk to provide for sidewalk snowplow clearance.
Any bench installed on a sidewalk or trail nine (9) feet or more in width must also
provide a minimum clearance of six (6) feet between the back of the curb and front of
the bench.
Where existing conditions are such that the 3 foot setback from curb provision
cannot be met, at the City Engineer's discretion, the permit may be evaluated
for other distances, but never less than 18 inches.
(2) Size. Size limitations on Courtesy Benches are as follows:
(A). height- 42 inches maximum
(B). width- 30 inches maximum
(C) length- 7 feet maximum
(3)
Construction. A Courtesy Bench shall be installed and maintained on a durable level
surface including, but not limited to, concrete, bomanite or decorative brick. The
durable surface shall extend six inches on both ends and in back of the bench.
Further, the durable surface in front of the bench must extend to the back of the curb.
The Courtesy Bench shall be of sufficient weight or shall be secured in a manner to
minimize the potential of accidental tipping or vandalism. No Courtesy Bench shall
be fastened, secured, or anchored to City property.
(4)
Materials. A Courtesy Bench shall be constructed of durable materials including but
not limited to concrete, wood, steel, plastic, or combination thereof, with colors
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limited to whites, earth tones of subdued greens, grays, browns, reddish-browns, and
golds.
(5)
Permit Display. Each Courtesy Bench shall display the permit number in a
conspicuous place.
(6)
Conditions. It is the responsibility of the permittee to maintain each bench in a safe
condition and to keep benches neat, clean and in usable condition. The permittee
shall keep the Courtesy Bench and bench base free of ice and snow and accessible.
(7)
Advertising Matter. Advertising matter may be displayed only on the front (roadway
side) surface of the backrest of a Courtesy Bench and shall not exceed 12 square feet
in surface area. No advertising matter on any Courtesy Bench may display any word,
phrase or symbol, reflective material or illumination device which might interfere
with, mislead or distract traffic. Any political advertising displayed on a Courtesy
Bench shall be subject to the time restriction for such advertising or political signs as
set forth elsewhere in the City Code and State Statue.
Removal of Benches.
(1)
Notice. Upon the revocation or expiration of any permit without renewal, the
permitee shall remove the Courtesy Bench promptly. The permittee shall also be
required to remove the concrete slab and reseed the slab area at its cost if so directed
by the City Manager. The City Manager may remove the bench after thirty days
mailed notice to the permittee and the cost of removal, including removal of the slab
and resodding of the slab area, shall be paid by the permittee. If the permittee fails to
pay the cost within 60 days after receiving notice from the City Manager, the bench
shall become the property of the City, but the permittee will remain liable for the cost
of removal, restoration and storage of the bench. No permit or renewal shall be
granted to the permittee until all such costs are paid in full.
(2)
Summary Removal. A Courtesy Bench placed in the public right-of-way in the City,
contrary to the provisions of this Section, may be summarily removed by the City
Manager, pursuant to Minnesota Statutes, Section 160.27, subdivision 6.
Registration of permits Obtained from Other Road Authorities.
(1) When a Courtesy Bench is placed in the City within the limits of a street or roadway
subject to the control of a road authority other than the City as defined in Minnesota
Statues, Section 160.02, the person placing the bench shall file proof of permission
from the other road authority with the City Manager.
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NEWSSTANDS
Definition.
Employment advertising stands, realty advertising stands and other advertising stands or
racks used for the free distribution of material are herein referred to as Newsstands.
Excluded from this definition are newspaper racks, used for the sale of daily newspapers
such as the Minneapolis Star Tribune, St. Paul Pioneer Press, or a local City Newspaper.
General Operation.
The purpose of this ordinance is to regulate the placing and maintenance of newsstands in
public-rights-of-way. This ordinance was created to promote the public health, safety and
welfare through the regulation of placement, type, appearance and servicing of newsstands
on public rights-of-ways so as to:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
Provide for pedestrian and driving safety, convenience, and comply with
local, state, or federal handicapped accessibility regulations.
Restrict um'easonable interference with the public use of the public right-of-
way and with the flow of pedestrian or vehicular traffic from any residence or
business, or from the street to the sidewalk by persons exiting or entering
parked or standing vehicles.
Provide for the safety of people and property during periods of heavy snow,
storms, and other adverse weather conditions, and for the proper functioning
of the city's safety and sanitation forces.
Provide reasonable access: For the use and maintenance of poles, posts, traffic
signs or signals, hydrants, utility openings, delivery chutes, trash receptacles,
bus or plaza benches, United States postal services mailboxes, parking meters
and other public fixtures; and to locations used for public transportation
purposes.
Relocate and/or replace newsstands that result in a visual blight and/or
excessive space allocation on the public rights-of-ways of which unreasonably
detract from the aesthetics of store window displays, adjacent landscaping and
other improvements, both public and private, as well as to remove abandoned
newsstands.
Maintain and protect the values of surrounding properties, and protect and
preserve public property.
Reduce unnecessary exposure of the public to personal injury or property
damage.
Treat all publications equally regardless of their size, content, circulation, or
frequency of publication.
Maintain and preserve freedom of speech and freedom of the press.
Protect and enhance the city's attraction to residents, tourists and visitors, and
serve as a support to stimulus to business and industry, by enhancing the
visual and aesthetic character and interest of the city.
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Newsstands may not be attached in any way to Courtesy Benches permitted by the City of
Columbia Heights. Furthermore, newsstands may only be placed in enclosed spaces, such as
private building corridors or bus shelters, provided trash receptacles are available.
Installation and Maintenance
(1) News stands shall not exceed (60) sixty inches in height, (30) thirty inches in width,
or twenty-four (24) inches in depth.
(2) No advertising signs or materials, other than those advertising the name of the
publications contained within the newsstand, shall be displayed on the outside of any
stand, rack or corral.
(3) Each newsstand shall have stenciled or otherwise permanently affixed to it, in a
readily visible place, a notice setting forth the name, address, and telephone number
of the newsstand owner.
(4) Each newsstand shall be maintained in a neat and clean condition and in good repair
at all times. Each newsstand shall be serviced and maintained and/or replaced if
necessary, so that: (1) it is reasonably free of dirt and grease; (2) it is reasonably free
of chipped, faded, peeling and cracked paint in the visible painted area thereof; (3) if
it is free of graffiti or other writing or pictures added without the permission of the
owner; (4) it is reasonably free of rust and corrosion in the visible metal areas; (5) the
clear plastic or glass parts, if any, through which the publication therein are viewed
are unbroken and reasonably free of cracks, dents, blemishes and discoloration; (6)
the structural and solid parts thereof are not broken, do not contain holes; (7) the
dispensing portion of each box shall be fully enclosed and weatherproof so as to keep
publications dry and free of snow and dirt; (8) all surfaces shall be of sturdy impact
resistant materials; and (9) it shall contain no sharp comers or sharp protrusions.
(5) Newsstands for free publications may omit the coin box and may have a pull bar
attached to the door in order to produce an "honor rack.
Enforcement Procedures.
(1) Any newsstand installed in violation of the provisions of this ordinance shall be
tagged with an administrative tag stating the violation, date of tagging, and notice of
intention to remove the newsstand if the violation is not corrected within (10) days.
The City Manager may remove the newsstand ten days after notifying the newsstand
owner by mail. If the permittee fails to remove the newsstand after receiving notice
from the City Manager, the newsstand shall become the property of the City, but the
permittee will remain liable for the cost of removal, restoration and storage of the
newsstand. No permit or renewal shall be granted to the permittee until all such costs
are paid in full.
(2) Any newsstand in violation of the provisions of this chapter, which violation creates
an immediate and substantial danger to the health, safety, or welfare of the public,
which violation cannot be quickly and easily corrected by moving or otherwise
repositioning the news rack, may be removed and stored in a secure location so as to
eliminate the danger to the health, safety and welfare of the public.
(3) Newsstands placed in the public right-of-way in the City, contrary to the
provisions of this Section, may be summarily removed by the City Manager, pursuant
to Minnesota Statutes, Section 160.27, subdivision 6.
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Abandoned Newsstands.
(1) A newsstand shall be deemed abandoned when no publications provided by
registered news stand owner is in the newsstand for a period of more than thirty (30)
consecutive days, or when the news stand and location have not been included on a
master list as required under this chapter.
(2) In the event a newsstand is found abandoned on the public right-of-way within the
city, the City Manager or designee shall cause the removal of said newsstand.
Registration of permits Obtained from Other Road Authorities.
(1)
When a newsstand is placed in the City within the limits of a street or roadway
subject to the control of a road authority other than the City as defined in Minnesota
Statues, Section 160.02, then the person placing the newsstand shall file proof of
permission from the other road authority with the City Manager.
This ordinance shall be in full force and effect from and after thirty days (30) days after its
passage.
First Reading:
Second Reading:
Date of Passage:
January 28, 2002
February 11, 2002
February 11, 2001.
Offered by:
Seconded by:
Roll Call:
Wyckoff
Williams
Ayes: Peterson, Szurek, Wyckoff, Williams, Nawroc/ki-~
Mayor G~3' L~. Pe't~rsoff -
Attest:
( Patricia Muscovitz, D~puty C~lerk
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