Bakersfield Municipal Code Ch. 12.48 Benches

Sections: 12.48.010 Definitions. 12.48.020 Permit—Required. 12.48.030 Permit—Application and issuance requirements—Fee—Renewal. 12.48.040 Permit—Conditions for denial or revocations. 12.48.050 Bond and insurance—Requirement. 12.48.060 Bond and insurance—Limit of liability. 12.48.070 Removal of benches. 12.48.080 Refunds. 12.48.090 Contracts—Notice—Contents. 12.48.100 Specifications. 12.48.110 Advertising on benches. 12.48.120 Enforcement.

For the purposes of this chapter, the words set out in this section shall have the following meanings:

A. “Bench” means a seat located upon public property along any public way for the accommodation of passers- by or persons awaiting transportation.

B. “Street” means any public thoroughfare or way including the sidewalk, the parkway and any other public property bordering upon a public way. (Prior code § 7.06.010)

No person shall install or maintain any bench on any street in the city without a permit therefor issued by the city manager in accordance with the provisions of this chapter. Such permit, when issued, shall allow the permittee to install and maintain the number of benches specified in such permit. (Prior code § 7.06.020)

A. No bench permit shall be issued except upon written application, 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 manager 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 the place where the bench is proposed to be located, giving his consent to the installation and maintenance of the bench.

D. Each application must be signed by the owner of the bench or benches for which a permit is requested, and an original application for permit must be accompanied by an inspection fee equal to one dollar for each bench.

E. If the application is granted, an additional fee of four dollars shall be collected for each bench for which a permit is issued, to be collected at the time of the issuance of the permit.

F. Each permit shall expire on July 1st next following the date of issuance unless renewed. A fee of four dollars shall be collected for each bench for which a renewal of the permit is issued, to be collected at the time of the renewal of the permit. Application for renewal must be made prior to the expiration date.

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. (Prior code § 7.06.030)

A. If the city manager finds that the maintenance of any bench would tend to obstruct passage along any public way or to create a hazard or would otherwise be detrimental to the public safety, welfare or convenience, he or she shall not issue any permit which specifies such bench and if a permit has been issued specifying such bench, the city manager shall require such bench to be removed from its location and unless another location may be found, the permit shall be revoked as to such bench.

B. Any permit may be revoked, or renewal thereof denied, for any violation of the provisions of this chapter, for any fraud or misrepresentation in the application, or for any reason which would have been grounds for denial of the application.

C. If the abutting owner withdraws his consent to the continued maintenance of any bench, and gives written notice thereof to the city manager, then, at the expiration of the current term of the permit, any renewal of the permit shall not permit the maintenance of such bench at the location originally permitted.

D. The application shall be denied if the applicant fails to deposit the annual fee and accept the permit within ten days after notice of the approval of the application by the city manager.

E. Any permit issued under this chapter shall be canceled and revoked if the permittee fails to install the bench within sixty days after the date of the issuance of the permit.

F. The application shall be canceled and denied, or the permit revoked, as the case may be, if sixty percent of the property owners and/or tenants living or having their place of business within two hundred feet of the location of said bench or benches protest the same. (Prior code § 7.06.040)

A. No permit shall be issued pursuant to this chapter unless the applicant posts and maintains with the city manager a surety bond or policy of public liability insurance, approved by the city council and conditioned as provided in this section.

B. The permittee will indemnify and save harmless the city, 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 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.

C. 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.

D. 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 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. (Prior code § 7.06.100)

The limit of liability upon any bond or policy of insurance, posted pursuant to the requirements of this chapter, shall in no case be less than five thousand dollars for bodily injuries 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 schedule:

Number of
Bench Limit of Liability
Permits

1 to 10 $10,000.00

11 to 50 20,000.00

Number of
Bench Limit of Liability
Permits

51 to 100 40,000.00

101 or more 80,000.00

(Prior code § 7.06.110)

A. After the revocation of any permit, the city manager may remove and store the bench, if the permittee fails to do so within ten days after notice.

B. The permittee may recover the bench, if within sixty days after the removal, he or she pays the cost of such removal and storage, which shall not exceed two dollars for removal and five dollars a month for storage, for each such bench. After sixty days, the city manager may sell, destroy or otherwise dispose of the bench at his direction. 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 violation of this chapter. (Prior code § 7.06.070)

No fee paid pursuant to this chapter 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 sixty days after the issuance of last renewal thereof, the fees for such benches affected by the revocation for the current year may be refunded to the permittee, upon written demand filed within thirty days after the date of the revocation. (Prior code § 7.06.090)

A. The city council may award a contract or contracts for the installation and maintenance of benches on the streets of the city after advertising for bids for five successive days in the official newspaper. Such contracts may be awarded for periods not exceeding five years, and may be exclusive or nonexclusive, in the discretion of the city council.

B. Notices inviting bids may specify the minimum number of benches or may be without designated number. Bids shall state the amount of money the bidder will pay to the city per month or per year, in accordance with the invitation to bid, for each bench proposed to be installed or maintained under the bid submitted.

C. Each contract awarded under this section shall provide that the location of each bench shall be subject to the approval of the city manager and that any bench so located shall be removed within seven days after its removal is requested by the city manager. Such a contract may provide, and if it is exclusive, shall provide, that contractor shall be required to install and maintain benches at those locations which are designated by the city manager. No such contract shall be assignable without the consent of the city council.

D. Any contract awarded pursuant to this section shall be terminable by the city upon notice given to the contractor as specified in said contract, but said contract shall not require such notice to be given more than six months prior to the effective date of termination. Any such contract may contain such other provisions as the council may in its discretion deem to be for the best interests of the city. (Prior code § 7.06.120)

A. No permittee shall locate or maintain any bench at a point less than eighteen inches or more than thirty inches from the face of the curb, and each bench must be kept parallel with the curb.

B. No bench shall be more than forty-two inches high nor more than two feet six inches wide, nor more than seven feet long, overall.

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. (Prior code § 7.06.050)

A. No 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 seventy-five percent of each such surface shall be so used. All such advertising shall be subject to the approval of the city manager.

B. No advertisement or sign on any bench shall display the word “Stop,” “Look,” “Drive-in,” “Danger” or any other word, phrase, symbol or character calculated to interfere with, mislead or distract traffic. (Prior code § 7.06.060)

The city manager shall enforce the provisions of this chapter, and shall have complete authority over the installation and maintenance of benches, subject to the provisions of this chapter. (Prior code § 7.06.080)