Buena Park Municipal Code Ch. 12.12 Benches on Public Property

No person, except a public officer or city employee in performance of his or her duty, shall place, cause to be placed, maintain or permit to remain on any city street, sidewalk, parkway or other public property bordering on a public way any bench, without obtaining a permit in accordance with this chapter.

(Prior code § 26-30)

An application for each bus bench, on forms supplied by the director of finance, shall be filed with the director of finance, together with an application fee established by resolution of the city council, to defray the cost of processing the application and any necessary inspection by the city engineer. The city engineer shall make any and all determinations as to whether or not the permit should be granted in accordance with this chapter.

(Prior code § 26-31; Ord. 1225 § 12, 1988; Ord. 1237 § 1, 1990; Amended during 1990 codification)

A. The application for a bench permit shall be denied by the city engineer if he or she 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 detrimental to the public's safety, welfare or convenience, or for any reason upon finding any fraud or material misrepresentation in the application, or for a failure to meet the requirements of this chapter.

B. Any permit issued under this section 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.

(Prior code § 26-32; Ord. 1237 § 2,1990)

A. Any permit for a bench shall be granted on a calendar year basis, and in no event shall the permit be for longer than a one-year period. No permit shall be granted for a bench except at such locations as is marked as an official bus stop.

B. Only one bench per location shall be permitted unless additional benches are specifically authorized by the city engineer.

C. In granting any permit pursuant to the terms of this chapter, the city engineer may impose any conditions to the proposed permit as may be deemed appropriate to ensure the public health, safety or welfare.

(Prior code § 26-33; Ord. 1237 § 3, 1990)

It shall be the duty of the permittee, at its own expense and cost, to maintain each bench at all times in a good and safe condition and in its proper and lawful location, to inspect each bench periodically, and to make necessary repairs to each bench immediately upon ascertaining that repair is needed or upon being notified in writing by the city of such facts.

(Prior code § 26-35)

A. If the permittee shall violate any of the conditions set forth in the permit or violate any provisions of the sections of this chapter, the city engineer shall be authorized to revoke such permit. If the permittee fails to remove any bench after the revocation of the permit or after the expiration of any permit, the city engineer may remove and store the bench if the permittee fails to do so within twenty days after written notice of revocation has been served upon the permittee at the permittee's address, set forth in his or her application on file with city.

B. If no appeal is filed as hereinafter provided, or if after hearing a determination adverse to the permittee is made, the permittee may recover any bench removed by the city it within thirty days after the removal thereof, it pays the cost of such removal and the cost of storage thereof.

C. The costs of removal and storage shall be as set by resolution of the city council, which may be amended from time to time, and shall not exceed the actual costs incurred by the city in connection therewith. In the event such removal costs are not paid, the costs may be added to the permittee's annual permit fee. After thirty days, following thirty days after the date of removal of the bench, the city engineer may sell, destroy or otherwise dispose of the bench or benches at his or her discretion.

D. All of the foregoing shall be at the sole risk of the permittee, and these remedial provisions shall be in addition to any other remedy provided by law for the violation of this chapter.

(Prior code § 26-36; Ord. 1237 § 4, 1990)

No permit shall be issued unless the applicant maintains and provides the city with satisfactory proof that the applicant carries public liability and property damage insurance in a form approved by the city, naming the city as an additional insured and in an amount satisfactory to the city.

(Prior code § 26-37; Amended during 1990 codification)

The permittee may lease or sell advertising space on its benches. The permittee shall not place or maintain any advertising, statement, words or sign on any such bench of an obscene, indecent or immoral nature, or any picture, illustration or delineation of any human figure in such detail as to offend public morality or decency or the standards of this community or of any lewd or lascivious act or any other matter or thing of any obscene, indecent or immoral nature or offensive to the moral sense. All advertising shall be on the front side of the bench only.

(Prior code § 26-38; Amended during 1990 codification)

The permittee shall not construct or maintain or cause or permit to be erected, constructed or maintained any advertising on the benches, which advertising displays or makes use of the words "stop," "look," "drive-in," "danger" or any other word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse traffic.

(Prior code § 26-39)

Each application for an original permit or a relocation permit shall be accompanied by an affidavit of the applicant. Such affidavit shall state that the applicant has caused the owner or the 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 to be served with a notice on a form prescribed by the city engineer. Such notice shall state that the applicant has filed an application for a permit and that the person receiving the notice may object in writing to the city engineer to the location of the bench within ten days of the date of the notice.

(Prior code § 26-41; Ord. 1237 § 5, 1990)

In the event the applicant or permittee or abutting property owner or any abutting property owner of a bench wishes to appeal the decision of the city engineer with respect to the denial of a permit, condition imposed on granting a permit, any revocation of a permit or, in the case of an abutting owner, from a granting of a permit, an appeal in writing may be filed with the city clerk within ten days from the date of notice to the applicant or permittee or abutting property owner of the action appealed from. Such appeal shall be in writing and shall set forth the grounds for the appeal. Upon receipt of the appeal, the city clerk shall set a hearing before the city council, which hearing shall not be less than ten nor more than thirty days from the date the appeal was filed and shall notify the person filing the appeal of the date of the hearing. The city council shall hear evidence for and against the granting or revocation of the permit, as the case may be, and shall either deny or sustain the appeal with or without imposing conditions or modifications to a permit, as the case may be, and shall determine whether or not in the public interest the permit shall be issued or revoked, as the case may be. The decision of the city council shall be final.

(Prior code § 26-42; Ord. 1237 § 6, 1990)