El Cerrito Municipal Code Ch. 6.25 Street Furniture

It is lawful for any person, public agency, firm or corporation to construct, place, or maintain street furniture with or without advertising thereon for the public benefit and convenience at designated public places in the city upon securing a permit from the city to do so. The permit shall be obtained in the manner specified in Chapter 6.05 of this title, and subject to the approval of the location as described in Section 6.25.020. The city manager is the public official who will conduct the investigation.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

No permit shall be granted by the city under the provisions of Chapter 6.05 of this title until the precise location of the street furniture has been approved by the city manager.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

A. Any permit granted by the city under the provisions of Chapter 6.05 of this title shall be upon the condition that no street furniture shall be constructed, placed or maintained at any public place without the consent of the abutting landowner or person in lawful possession and control of the abutting property. Such persons shall be deemed to have given their consent unless and until a written request to prevent said construction, placement and maintenance shall be filed with the city clerk. Upon a change in the ownership of the abutting property, or of the person in lawful possession and control thereof, such persons may file a written request with the city clerk for the removal of the street furniture. Upon the filing of such a request the permittee must remove the street furniture.

B. This section does not apply to a public agency applicant unless the proposed street furniture is to be installed in an R-1 zone as defined in Title 19.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

The street furniture must be cleaned regularly and when needed, and must be maintained in good repair and in safe and sightly condition by the person holding the permit for such street furniture.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

No street furniture shall be placed so as to obstruct passage on any sidewalk or street.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

Any applicant granted a permit under the provisions of Chapter 6.05 of this title before constructing, placing or maintaining any street furniture, shall indemnify and save the city harmless from any claims or damages to any person or property arising from the installation, maintenance or existence of the street furniture. The permittee shall carry public liability insurance naming the city as an additional insured. A copy of the insurance policy shall be filed with the city clerk, and the insurance policy shall be maintained throughout the term of the permit. The insurance policy shall insure the city in an amount which the city manager deems appropriate from time to time.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

The city manager may, for a cause considered by him to be reasonable, order the permittee to remove any street furniture. When the city manager orders street furniture removed, the permittee shall remove it within thirty days at his or her own expense. If the permittee shall fail so to do or to appeal the order as described in Chapter 6.15 of this title, the city manager may order the removal of the street furniture and either destroy or sell it at his or her discretion. The cost of such destruction or sale shall be borne by the permittee.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

It is unlawful for any person to wilfully deface, injure, tamper with, break, destroy or impair the usefulness of any street furniture installed pursuant to a permit granted under the provisions of Chapter 6.05 of this title.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)