HomeMy WebLinkAboutOrdinance 212ORDI~ANCE No. 212
BEi~.IG A~T ORD!~A~CE TO PERIv~IT A~ID PROVIDE FOE TI~E
INSTALLATION AND ~AINTEWANCE OF BENCHES ON ~UBLIC
~¥ALKS AND WAYS, AND FOR THE REGULATION T~REOF.
CITY OF COLU?~BIA ~IG}iTS DOES ORDAIh':
Section 1. Courtesy Benches. A permit to install and maintain a
courtesy bench on and along any public sidewall{ or way n~ay be issued
to a person by complying with the following requirements:
Written application shall be made to the City ]~anagor show-
ing the location, detailed plans and specifications of ~ach
proposed bench, advertising matter, if any, to appear there-
on and such other information as shall be required by the
City }~anager.
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Each application shall be accompanied by a writing in such
form as the City Attorney shall require, signed by tt~e owners
or Lessees of the property upon which each bench is proposed
to be located giving such owner,s or Lessees~ consent to .the
installation and maintenance of such bench at the proposed
location. The applicant shall furnish therewith such evidence
of ownership or Lessee as shall be required by the City
Attorney.
Each application shall be accompanied by an znspection fee of
One (~1.00) Dollar payable to the City Treasurer for each such
bench.
If the application be sranted, an additional permit fee of
Two (~2.00) Dollars shall be paid to the City Treasurer for
each bench at the time the permit is issued.
Ail permits shall expire~ as of the December ~lst next fo!!ow-
lng the d~te of issuance thereof unless renewed. Upon renewal
a Two (~.00) Dollar renewal fee shall be payable when applica-
tion for renewal is filed.
Application for renewal shall be made in such form as the City
~{anager shall require and shall be submitted prior to the ex-
piration date of the pr, ce.ding permit. Renewal permits may
be issued without further consent of the owner of the land or
Lessee of the property upon which suct~ bench is located unless
written objection to such renewal of permit shall be filed by
the owner, or Lessee, with th6 City ]{anager not later than the
first day of December pr.ce.ding the date of expiration of the
existing permit in each case.
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Whenever a bench for which a permit has been issued is sold
or title or control thereof transferred or assigned, a new
permit shall be required and obtained for its maintenance.
One application may be made by the same owner for issuance of
permits for several benches at similar or different locations,
but a separate nuamber and permit shall be assigned and issued
for each bench authorized to be installed and each such permit
issued shall be valid only for the particular location desig-
nated therein.
Section 2. Benches - '~aere Prohibited. ~To permit shall be issued
for the installation or maintenance of any such bench:
a. within the. congested zone of the city;
b. in any alley;
c. at any location wher~ the distance from the face of the curb
to the inside sidewalk line is less than eight (8) feet;
d. at any location distant more than fifty (50) feet from the
nearest point of intersection with a street; providing, however,
that when, in the opinion of the City ~anager, observance of
this requirement would result .in inconvenience or hardship, he
may waive the same.
Section 3. Denial or Revocation of Permits.
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The application shall be denied if the City ~,~a~agor shall find
that the maintenance of the bench at the proposed location
would tend unduly to obstruct passage along any public sidewalk
or public way, or to create a hazard, or otherwise to be detri-
menta~l to the public safety, convenience or welfare.
Any permit may be revoked, or the application for renewal thereof
denied, for failure to comply with the provisions of this ordin-
ance, or for misrepresentation of any material facts in the
application, or for any reason which would have been ground for
denial of the original application. No revocation or denial
shall be made arbitrarily or inequitably as between different
applicants.
If the owner, or Lessee, shall by writing filed with the City
Eanager on or before the first day of December pr. ce.ding the
expiration of any permit, withdraw his consent to the renewal
thereof after such expiration, the City ~anager shall promptly
notify the permittee of the filing of such writing and shall
deny the renewal of such permit unless and until such owner,
or person in possession or control, shall in writing consent
to such renewal permit being issued.
Section 4. Installation and ~aintenance of Benches .
When a permit is issued each such courtesy bench shall be in-
stalled parallel with the curb and set back not less than
eighteen (18) inches from the face of the curb.
No bench shall be more than forty-two (4~) inches high nor more
than thirty (30) inches wide or seven (7) feet along over all.
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Each bench shall have displayed thereon, in a conspicuous place,
the permit number.
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It shall be the duty of the Permittee to maintain each bench at
all times in a safe condition at its propoer location and to
inspect each bench periodically in order that it may be properly
maintained·
Section 5. Advertising and Signs.
~o advertising~matte~r or sign shall be displayed upon any bench
except only upon the front and rear surfaces of the backrest.
No obscene, immoral or indecent advertising nor legal or politi-
cal advertising of any character shall be permitted, and all
advertising shall be subject to the approval of the City Council.
No advertising matter or sign on any bench shall display the
words "STOP", "LOOK''~, "DRIVE IN", "DANGER", or any other word,
phrase or symbol which might interfere with, mislead, or dis-
tract traffic.
Section 6. Removal of Benches.
Upon the revocation or expiration of~ any permit without renew-
al, if the permltee fails promptly to remove a bench, the City
Manager may do so within ten (10) days after wr~tten notice
given by mail directed to the address of the permitee on file
and, if the permitee shall fail to pay the cost of removal and
storage thereof within a period of sixty (60) days after the
giving of such notice, the permitee~s rights i~n said bench
shall be forfeited, but such forfeiture shall not excuse the
permitee from the payment of the cost of removal and storage
of said bench.
Section 7. Bond or Insurance Policy.
Before a permit shall be issued the applicant shall post or
maintain with the City Treasurer a bond or policy of public
liability insurance approved by the City Attorney and condi-
tioned substantially as~ follows: that the permitee will
indemnify and save harmless the City of Columbia Heights, its
officers, agents, and employees from any and all loss, costs,
damages, expenses, or liability which may result from or arise
out-of, the granting of such permit, or the installation or
maintenance of such bench for which a permit is issued, and
that the permitee 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 permitee 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 permit,e, one such bond~
or policy of insurance may be furnished to cover two or more
benches, and each such bond o~~ policy'shal! be of a type which
coverage shall automatically be' restored immediately after
the occurrence of any accident or loss from which liability may
thereafter accrue.
The limit of liability upon any bond or policy of insurance
so posted shall in no case be less than Five Thousand (tls,ooo.)
Dollars for loss, bodily injuries to or death occurring to one
person. The permissable limit of liability for loss, bodily
injuries, 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 schedule:
Number of Bench Permits
Limit of Liability
1 to 10 ....... $10,000.00
11 to ~0 ....... ~0,000.00
~t to 100 ...... 40,000.00
!0! or more ..... . . 80,000.00
Section iB. Time of Taking Effect. This ordinance shall take
effect and be in force thirty ($0) days from and after its passage.
Passed this 28th day of January, 1947.
First Reading: January 7, 1947.
Second Reading: January ~8, 1947.
O£fe~ed by:' Nygaard
Seconded by: Weldon
Roll Call: All Ayes
'$ecret~ry of the Council
~ayor