Long Beach Municipal Code Ch. 14.16 Benches

For the purposes of this Chapter, certain terms, phrases and words, shall be construed as set out in this Section:

A. "Bench" means a seat located upon public property along any public street for the accommodation of passersby or persons awaiting transportation.

B. "City" means the City of Long Beach.

C. "Street" means any public thoroughfare or way, including the curb, sidewalk, parkway, and any other public property.

(Ord. C-5691 § 2 (part), 1981; prior code § 7531)

No person shall install or maintain any bench on the streets and ways of the City without full compliance with the provisions of this Chapter and the rules and regulations of the City Council governing same.

(Ord. C-5691 § 2 (part), 1981: prior code § 7531.1)

No person shall install or maintain any bench on any street without a permit therefor from the City Council. The City Manager or his designee shall have the authority to authorize and issue the permits, and to revoke any such issued permit in the event of any violation of any of the provisions of this Chapter or any regulation of the City Council made pursuant thereto. Any such revocation shall be subject to ratification of the City Council at its next regular meeting.

(Ord. C-5691 § 2 (part), 1981; prior code § 7531.2)

A. Any bench on public property not permitted by this Chapter shall be removed by the owner of the bench within ten (10) days after receipt of written notice sent by registered or certified mail from the City Manager or his designee stating that the bench is not permitted and must be removed.

1. The owner of the bench, within ten (10) days of the receipt of the notice of removal, shall remove the bench or shall deliver an appeal in writing to the City Manager or his designee stating why the owner believes the bench should not be removed; and the matter then be set for hearing before the City Council at its next meeting, but not sooner than ten (10) days after receipt of the appeal.

2. The City Council shall hear any such appeal and shall make a determination that the bench should be removed, or not, and any action of the City Council shall be final. Should the City Council find that the bench should be removed, the owner shall remove the bench within ten (10) days after the ruling of the City Council. Failure of the appellant or a duly appointed representative to appear at the hearing or to give good reason why the hearing should be postponed shall be sufficient grounds for the City Council to find that the bench shall be removed, as demanded by the City Manager or his designee.

3. If the owner of a bench fails to remove the bench within ten (10) days after receipt of due notice of removal, or order of the City Council, the City Manager or his designee shall cause the bench to be removed and impounded. The owner of the bench shall be notified that the bench has been impounded.

4. Within sixty (60) days of the impoundment of a bench, the owner of the bench may recover the bench by paying to the City an impoundment fee and storage fee as determined by the City Council by resolution for each thirty (30) days, or fraction thereof, the bench has been impounded. The fees shall apply to each bench removed, impounded, and stored.

B. If the owner of a bench cannot be ascertained, then written notice shall be attached to any nonpermitted bench, stating the bench is not permitted and must be removed. No person shall remove the notice while the bench is placed on City streets without a permit as required by Section 14.16.030.

1. Within ten (10) days of the posting of the notice, the owner shall either remove the bench or appeal to the City Council in the manner set forth in Subsection 14.16.050.A.1 of this Section. In the event the owner does not so remove the bench, or appeal to the City Council, the City Manager or his designee shall cause the bench to be removed and impounded.

2. Any bench so impounded may be recovered by the owner within sixty (60) days after the impoundment thereof by paying the office of the City Council the fees set forth in Subsection 14.16.050.A.4 of this Section.

C. Within sixty (60) days after the impoundment of any bench, the owner may appeal to the City Council for hearing. The City Council, after hearing and showing of good cause therefor, may allow the recovery of any impounded bench without payment of the impoundment fees or payment of reduced impoundment fees and in accordance with such other conditions as the City Council may impose.

D. In the event a bench has been stored sixty (60) days and no appeal has been made to the City Council, or the owner of the bench has not complied with the order of the City Council following the appeal, the bench shall become the property of the City and the City may use or dispose of the bench in a manner deemed appropriate.

E. Any order by the City Council in regard to the removal of any bench shall be final.

(ORD-10-0014 § 20, 2010; Ord. C-5691 § 2 (part), 1981; prior code § 7531.4)

The City Council shall have authority to establish rules and regulations governing the size, weight, type of construction, placement, identification markings, maintenance standards of benches, and such other rules and regulations as necessary to carry out the provisions of this Chapter.

(Ord. C-5691 § 2 (part), 1981; prior code § 7531.5)

The City Council shall enforce the provisions of this Chapter and shall have complete authority over the installation and maintenance of benches, subject to the provisions of this Chapter.

(Ord. C-5691 § 2 (part), 1981; prior code § 7531.6)

At all times permittee shall defend, indemnify, and hold harmless the City, its officials, employees and agents from and against all claims, demands, damage, causes of action, proceedings, loss, liability, costs and expenses (including reasonable Attorney fees) of any kind (collectively in this Section, "claim") alleging injury to or death of persons or damage to property and that such injury, death or damage arises from or is attributable to or caused by the installation and maintenance of any bench or benches authorized pursuant to this Chapter. Permittee shall procure and maintain, at its sole cost, during the term of the permit and any renewals thereof insurance as prescribed in regulations issued by the City Manager pursuant to Section 2.84.040.

(Ord. C-7934 § 19, 2004: Ord. C-7214 § 1, 1994: Ord. C-5691 § 2 (part), 1981: prior code § 7531.7)

Privately owned benches placed within the public right-of-way intended for the use of the general public shall adhere to the standards set forth in this Section. This Section shall not apply to benches placed by public transit agencies intended primarily for the use of bus transit passengers.

A. Bench permits shall specify location of benches on the public walkways. Benches shall be located in a manner which will not interfere with vehicle and pedestrian visibility, pedestrian use of the sidewalk, the use of any building exits, or access to public utility, fire protection equipment, or other City facilities.

B. Bench permits shall only be issued to owners and/or lessees of the property directly abutting the portion of the public street upon which the bench is proposed to be placed. Approved benches shall be placed immediately adjacent to the privately owned property, or as otherwise approved by the Director of Public Works.

C. The minimum clear distance from any point on the bench to the vertical plane of the curb face, measured parallel to the sidewalk, shall be seven feet (7′) Where other obstructions exist in the vicinity of the bench area, a minimum clear horizontal distance of seven feet (7′) shall be maintained between the bench and any obstructions.

D. Benches may not be located within five feet (5′) of an intersecting street (measured to the prolongation of the near property line of the intersecting street) or within five feet (5′) of a driveway or alley (measured to the nearest portion of an apron type driveway or to the beginning curb return of the near curb of the driveway).

E. Local business associations shall be encouraged to establish a uniform bench style for benches located in their association areas. Bench design must be aesthetically pleasing and consistent with neighborhood character.

F. Benches permitted under this Chapter shall be well constructed of high quality materials and kept in a sanitary condition and good state of repair. Benches may not be upholstered or cushioned. Benches shall have a maximum back height of three feet (3'), a maximum length of six feet (6′), and a maximum weight of two hundred fifty (250) pounds, unless otherwise approved by the Director of Public Works, where such variation would be reasonable and appropriate in the specific circumstances and would not compromise public health, safety or welfare.

G. Bench proposals shall be submitted with a photograph or manufacturer's drawing of the bench and bench specifications including dimensions (length, depth, height), weight, and manufacturer's name and model number. Prior to the issuance of a permit and the installation of the bench, the proposed bench shall be reviewed as to sufficiency for public use by the Department of Public Works.

H. No signage, advertising, or business logos shall be readily visible to passersby. Bench owners shall identify their benches with their name and mailing address on the back or the underside of the bench. Use of benches by the general public may not be limited or prohibited.

I. Bench permits may be suspended or revoked by the City in the interest of the public safety and convenience, including, but not limited to, such circumstances as sidewalk cleaning or construction activities, installation of conflicting utility or streetscape facilities, and complaints regarding obstruction and/or interference with public use.

J. When a bench is removed from the public right-of-way, by order of the City, or otherwise, the surface of the sidewalk shall be restored to its original condition or better, to the satisfaction of the Director of Public Works.

(Ord. C-7214 § 2, 1994)