Laguna Woods Municipal Code Ch. 9.10 Bus Passenger Shelters and Benches

In order to promote the health, safety and general welfare of the residents of Laguna Woods, City is authorized to grant, renew and deny franchises for the installation, operation and maintenance of transit shelters and street furniture, and otherwise regulate encroachment into the public right-of-way within the City's boundaries by virtue of Federal and State statutes and court rulings, by the City's police powers, by its authority over its public rights of way, and by other City powers and authority. The purpose of this chapter is to establish procedures and standards for such franchises.

(Ord. No. 00-05, § 2(6.01.010), 7-17-2000)

No person shall erect, place, construct or maintain a bus stop shelter or bus stop bench on any street unless a franchise agreement is approved by the City Council under such terms and restrictions as are set forth in this chapter and in compliance with the Title 13, Zoning

(Ord. No. 00-05, § 2(6.01.020), 7-17-2000)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(05) Bus stop bench or bench means street furniture which includes a seat located upon a street for the comfort, convenience and accommodation of passersby or persons awaiting transportation.

(10) Bus stop shelter or shelter means a transit Shelter including a covered waiting area located upon a street, often semi-enclosed, with a Bench, that provides protection from sun, wind and rain for passersby or persons awaiting transportation.

(15) Franchise agreement means an agreement approved by the City Council authorizing installation and operation of a Bus Stop Shelter or Shelter.

(20) Street means any public thoroughfare or way including the sidewalk, the Parkway and any other public property bordering upon a public way

(Ord. No. 00-05, § 2(6.01.030), 7-17-2000)

(a) No franchise agreement shall be approved or issued except upon approval of the City Council setting forth such provisions, conditions and information as the City may require.

(b) Detailed plans and specifications for each shelter and/or each bench meeting the approval of the City Manager or designee shall be supplied by the applicant. Shelter plans and structures shall be certified by an engineer or architect, who is registered or licensed by the State of California.

(c) The franchise agreement shall establish appropriate franchise fees for use of the City's streets by applicant together with such other terms and conditions as may be required by the City.

(Ord. No. 00-05, § 2(6.01.040), 7-17-2000)

(a) The City Council may grant an exclusive franchise agreement encompassing the entire City for bus stop shelter and/or bus benches in its sole and absolute discretion.

(b) The City Council may revoke the franchise agreement or deny renewal thereof for reasons in the best interest of the health, safety and welfare of the residents of the City, for violation of any of the provisions of this chapter, for any fraud or misrepresentation in the application process or for any breach of a material term of the franchise agreement.

(c) The franchise agreement shall be cancelled and denied if the franchisee fails to make any deposit required by this chapter or the franchise agreement within ten days after notice of approval by the City.

(Ord. No. 00-05, § 2(6.01.050), 7-17-2000)

(a) Subject to the provisions of the franchise agreement, franchisees must obtain all necessary building permits and approvals for construction of bus stop shelters and bus stop benches.

(b) Shelters and/or benches shall be located only at approved public transportation stops, including school bus stops. A combination of shelters and/or benches shall not exceed two at any location unless specifically approved by the City Council in the franchise agreement.

(c) Shelters and/or benches shall be installed in accordance with design criteria established by the City Council in the franchise agreement.

(Ord. No. 00-05, § 2(6.01.060), 7-17-2000)

Shelter or bench advertising shall be allowed, subject to the provisions of the franchise agreement.

(Ord. No. 00-05, § 2(6.01.070), 7-17-2000)

(a) It shall be unlawful for any person, with the exception of an authorized City official, or the franchisee or his agent to tamper with or move any shelter and/or bench placed upon a street pursuant to the provisions of this chapter.

(b) It shall be unlawful for any person to injure, deface or commit acts of vandalism upon any shelter and/or bench lawfully placed upon a street pursuant to the provisions of this chapter.

(Ord. No. 00-05, § 2(6.01.080), 7-17-2000)