Hawthorne Municipal Code Ch. 12.32 Benches in Streets

Whenever used in this chapter, "bench" means a seat located on public property along any street for the accommodation of passers-by or persons awaiting transportation.

(Ord. 1658 § 2, 1998)

No person shall install or maintain a bench in any street unless the same is at an existing passenger bus stop and not:

A. In an alley; or

B. At any location where the distance from the face of the curb to the nearest property line is less than seven feet.

(Ord. 1658 § 2, 1998)

The maximum number of benches allowed at any permitted bus stop location shall be as follows:

A. Two benches at intersections of two major arterials, or

B. One bench at intersection of major arterials with minor streets, and

C. One bench at bus stops on collector streets and at all other locations.

The city engineer will designate the number of benches allowed on the permit. The city engineer may authorize additional benches where the demand for bus bench seating warrants it.

(Ord. 1658 § 2, 1998)

No person shall place, install or maintain a bench in any street without a permit to do so from the city engineer.

(Ord. 1658 § 2, 1998)

Applications for such permits shall contain, in addition to the information required by Section 5.06.020 of this code:

A. The street number and exact location of each bench which the applicant proposes to install;

B. The written consent of the owner or person in lawful possession or control of the property fronting on the place where the bench is to be installed.

(Ord. 1658 § 2, 1998)

Each applicant for a bench permit shall pay a one-time application fee at the time of the initial application for each bus bench location. Additionally, upon issuance of such permit, an annual per bench fee will be assessed for each bench authorized and placed in the public right-of-way. Each applicant will also be required to maintain a current city business license. Application fees and annual per-bench fees will be established by resolution of the city council.

(Ord. 1658 § 2, 1998)

No bench permit shall be granted:

A. If the city engineer finds that the maintenance of the bench would tend to obstruct passage along the street or tend to create a hazard, or would otherwise be detrimental to the safety, welfare or convenience of the public; or

B. If the city engineer receives objections and/or protests from sixty percent or more of the property owners and/or tenants living or having their places of business within two hundred feet of the location of the bench; or

C. If the particular location or street has been designated by the city engineer for solely city-owned, and maintained benches.

(Ord. 1658 § 2, 1998)

In the event two or more applications are received for a bench location, priority shall be given to the applicant who filed his or her application first.

(Ord. 1658 § 2, 1998)

The city engineer shall notify each applicant via regular U.S. mail regarding the action taken on his application. If such action is favorable, the applicant shall appear at the office of the city engineer for the issuance of the permit within ten days after such written notice has been provided; failure to respond to the written notice within ten days will be grounds upon which the city engineer shall deny the application. The applicant shall comply with the requirements of this chapter. Each permit shall be valid only for the particular location/s and number of benches specified therein.

(Ord. 1658 § 2, 1998)

During the period such bench is installed and maintained, each permittee under this chapter shall file with the city and maintain in full force and effect at all times, a surety bond, or in lieu thereof a policy of insurance, approved by the city attorney, and requiring that the permittee shall defend, protect, indemnify and save harmless the city, 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 the permit, or the installation and maintenance of the bench authorized thereby, and requiring further 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, the installation or maintenance of such bench. Each bond or policy of insurance shall be of such type that its coverage shall be automatically restored immediately from and after any accident from which liability may thereafter accrue and shall provide the following minimum limits:

A. Bodily injury—two hundred fifty thousand dollars each person, five hundred thousand dollars each occurrence;

B. Property damage—one hundred thousand dollars each occurrence;

C. A combined single limit policy with aggregate limits in the amount of one million dollars will be considered equivalent to the required minimum limits.

(Ord. 1658 § 2, 1998)

A bench permit may be revoked for any of the following causes:

A. Objection and/or protest by sixty percent of the property owners and/or tenants living or having their places of business within two hundred feet of the location of the bench;

B. Failure to install the bench within sixty days after the issuance of the permit;

C. Violation of any provision of this chapter by the holder of such permit;

D. Fraud or misrepresentation in the application for the permit;

E. The existence of any state of facts which would have been good reason to deny such permit when applied for, regardless of when such state of facts arose;

F. The designation of the bus stop or street as a location for city-owned bus benches. Such locations and streets shall be so designated from time to time by the city engineer.

(Ord. 1658 § 2, 1998)

All bench permits issued under this chapter shall expire on the first day of January next following the date of issuance, but may be renewed as hereinafter provided. Application for renewal shall be made prior to the expiration date of the permit. A per-bench fee as specified in Section 12.32.050 shall accompany each application for renewal; provided, however, that no fee need be paid for any bench which does not contain advertising matter. No permit shall be renewed if it is subject to revocation upon any of the grounds specified in Section 12.32.100.

(Ord. 1658 § 2, 1998)

None of the fees provided for in this chapter shall be refunded in the event the permit is unused or cancelled.

(Ord. 1658 § 2, 1998)

Whenever any bench for which a permit has been issued under this chapter is sold, or the title or control thereof assigned or transferred, the permittee shall report such fact to the city engineer within ten days after such sale, transfer or assignment. The new owner of the bench shall, within such ten-day period, either remove the bench or obtain a permit for its maintenance in the street. Permits are not transferable.

(Ord. 1658 § 2, 1998)

A. Identification. The permittee shall display his name and permit number in a conspicuous place on each permitted bench.

B. Specifications. No permittee shall install or maintain a bench which is more than forty-two inches high, nor more than two feet and six inches wide, nor more than seven feet long, overall.

C. Location. 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, except as may otherwise be approved by the city engineer, but in no event shall a permittee locate or maintain a bench at any place other than at its authorized location.

D. Inspection and Maintenance. It shall be the duty of each permittee to inspect his benches periodically and to maintain the same in a safe, clean and graffiti free condition at all times.

(Ord. 1658 § 2, 1998)

The only parts of a bench which may be used for advertising purposes are the front and rear surfaces of the backrest, providing not more than seventy-five percent of each such surface is so used. No material which is harmful to minors, as defined in Section 313 of the California Penal Code, shall be displayed on any bench. No material which purports to be or is an imitation of, or resembles, an official traffic control sign or which attempts to direct the movement of traffic, as defined in California Vehicle Code Section 21465, shall be displayed on any bench.

(Ord. 1658 § 2, 1998)

After the expiration or revocation of any bench permit, the permittee shall forthwith remove such bench from the street. The city engineer shall provide the permittee ten days' written notice via regular U.S. mail, to remove the bench and upon permittee's failure to do so, the city engineer may remove and store the bench pending the recovery thereof by the permittee, or its sale, destruction or other disposition, as hereinafter provided. The city engineer shall hold the bench for at least thirty days after its removal from the street, during which time the permittee may recover the bench by paying the city for the cost of such removal and storage. Such costs shall be established by resolution of the city council. At the expiration of such thirty-day period, the city engineer may sell, destroy or otherwise dispose of such bench at his discretion. All of the foregoing shall be at the sole risk of the permittee and shall be in addition to any other remedy which the city may have by law.

(Ord. 1658 § 2, 1998)

The city engineer shall enforce the provisions of this chapter. His jurisdiction over the installation and maintenance of benches shall be complete, subject only to the provisions of this chapter.

(Ord. 1658 § 2, 1998)