Chula Vista Municipal Code Ch. 12.36 Street Furniture

Sections:

• 12.36.010 Public telephones – Purpose and intent. 12.36.020 Public telephones – Permits for installation and maintenance – Issuance authority.

• 12.36.030 Public telephones – Permits for installation and maintenance – Conditions. 12.36.040 Public telephones – Violation deemed misdemeanor. 12.36.050 Uniform street lighting map – Scope.

• 12.36.060 Benches – Permission required for installation – Exemption. 12.36.070 Benches – Use for advertising prohibited – Exemption. 12.36.080 Trash containers – Approval required.

***** For statutory authority for cities to regulate and prohibit encroachments and obstructions of streets, see Gov. Code § 38775.

It is in the public interest that public telephones be placed on the public sidewalks of the City at locations to be approved as provided in CVMC 12.36.020. Such telephones will, among other things, aid fire protection, the prevention and detection of crime, and the reporting of accidents and other emergencies. Such telephones will also be a convenience to the public. When so located, such telephones will not unreasonably interfere with the rights of the public to use such sidewalks and will be consistent with their dedication to the public. (Ord. 1205 § 2, 1969; prior code § 27.707).

The Director of Public Works is authorized to issue permits from time to time to the serving telephone company for the installation and maintenance of public telephones on the public sidewalks of the City. The Director of Public Works shall approve the number and location of such public telephones so as to best serve the public interest. (Ord. 1205 § 2, 1969; prior code § 27.708).

Permits issued pursuant to CVMC 12.36.020 shall include the following provisions:

A. The permittee shall maintain the public telephones and any associated booths in good repair and safe and sightly condition at permittee’s expense and to the satisfaction of the Director of Public Works.

B. The permittee shall save the City harmless from any and all losses, claims or judgments for damages to any person or property arising from the installation, maintenance or presence of the public telephones.

C. The permit shall be revocable on 30 days’ prior written notice to the permittee from the Director of Public Works, in which event the permittee shall, at its own expense, remove the public telephone or telephones installed pursuant to the permit and shall restore the sidewalk as nearly as practicable to its condition prior to such installation. (Ord. 1205 § 2, 1969; prior code § 27.709).

Any person or public utility violating any provision of CVMC 12.36.010 through 12.36.030 shall be deemed guilty of a misdemeanor and each day’s continuance of any such violation shall constitute a separate offense. (Ord. 1205 § 2, 1969; prior code § 27.710).

The Director of Public Works shall undertake the preparation of a uniform street lighting map for a portion of, or all of, the City, and recommend its adoption by the City Council by resolution. Said uniform street lighting map shall indicate types of ornamental light design in particular locations, and lighting requirements as they may exist in various parts of the City, and after its approval and adoption by the City Council, shall be, unless modified by resolution of the City Council, adhered to in all future street lighting projects. Said map may be amended from time to time by resolution of the City Council. (Ord. 1205 § 2, 1969; prior code § 27.901).

It is unlawful for any person to install, or cause to be installed, or to maintain any bench on or in any public rightof-way in the City without written permission from the Director of Public Works first being obtained by the person, firm or corporation desiring to install and maintain said bench. The City is exempt from the provisions of this section, and may install benches in the public rights-of-way at the discretion of the Council. (Ord. 1205 § 2, 1969; prior code § 27.1001).

It is unlawful for any person to install, place, or maintain any advertising on any benches presently installed on or in the public rights-of-way by the City, or which may hereafter be installed; provided, however, that the City is exempt from the provisions of this section, and may place such advertising thereon at the discretion of the Council as they may see fit. (Ord. 1205 § 2, 1969; prior code § 27.1002).

All trash or litter containers placed within the public rights-of-way for the convenience of the public shall be subject to the approval of the Director of Public Works, in conformity with accepted standards for street furnishings, and none shall be placed within the public rights-of-way without first establishing the location and placement of such trash containers. (Ord. 1205 § 2, 1969; prior code § 27.1005).