Los Angeles Municipal Code Art. 8 Benches Along Public Ways

Section 68.00 Definitions. 68.01 Benches – Where Prohibited. 68.02 Permit Required from Board of Public Works. 68.03 Application for Permit – Fees – Renewal. 68.04 Permits – Denial – Revocation. 68.05 Benches – Lawful Installation and Maintenance. 68.06 Benches – Advertising and Signs. 68.07 Removal of Benches. 68.08 Enforcement. 68.09 Refunds – Not Permitted. 68.10 Bond or Insurance Policy. 68.11 Bond or Insurance Policy – Limit of Liability.

(Amended by Ord. No. 148,020, Eff. 3/3/76. )

(a) “Bench,” a seat located upon public property along any public way for the accommodation of passersby or persons awaiting transportation.

(b) “Street,” any public thoroughfare or way including the sidewalk, the parkway and any other public property bordering upon a public way.

(c) “Commercial street” shall mean that portion of any street:

1. Upon one side of which street, for a distance of 600 feet, 50 percent or more of the contiguous property fronting thereon is occupied by buildings in use for business, or;

2. Upon both sides of which street, collectively, for a distance of 300 feet, 50 percent or more of the contiguous property fronting thereon is so occupied. A commercial street may be longer than the distances specified in this definition if the above ratio of buildings in use for business to the length of the street exists.

No person shall install or maintain any bench:

1. (None)

2. In any alley;

3. At any location where the space available to pedestrian traffic is less than ten feet in width;

4. At any location distant more than 50 feet from the nearest intersecting street; provided that whenever, in the opinion of the Board, observance of this requirement would result in inconvenience or hardship, this requirement may be waived by the Board.

5. (Amended by Ord. No. 148,020, Eff. 3/3/76.) At any place except:

   (a) An existing passenger bus stop; or

   (b) On a commercial street which is adjacent to a residential area wherein the Board of Public Works has determined that a substantial percentage of the number of the residents is 65 years of age or older,

   provided:

   (1) Every bench shall be at least 50 feet from the nearest street intersecting the street upon which the bench is located, notwithstanding the provisions of the fourth numbered paragraph of this

   section.

   (2) On each side of the street, in any given block, no more than two benches shall be installed at locations other than existing passenger bus stops.

   (3) No bench shall be installed until the owner or lawful occupant of the property abutting the location upon which the bench is proposed to be installed has first given written consent for the

   bench’s installation and use.

No person shall install or maintain any bench on any street without a permit therefor from the Board of Public Works. A separate permit shall be obtained for each bench, which permit shall be valid only for the particular location specified therein. Each permit shall bear a separate number and not more than two permits shall be issued for any one location.

Where bus stop changes are authorized by the Department of Transportation, the permit and bench may be transferred to another location at the same intersection upon the payment of a transfer fee. When the bus stop is moved on a temporary basis, the permit and bench may be transferred to another location at the same intersection without an additional fee or permit upon condition that the bench and permit be restored to its original location as soon as practicable. The Department of Public Works shall be notified of such change. (Amended by Ord. No. 152,426, Eff. 6/29/79.)

(a) No bench permit shall be issued except upon written application made upon a form prescribed by the Board, showing the proposed location of each bench, the advertising, if any, to appear thereon and such other information as the Board may require

(b) Detailed plans and specifications of each bench shall be supplied by the applicant.

(c) Each application for an original permit or a relocation permit shall be accompanied by an affidavit of the applicant reciting that the applicant has caused the owner or person in lawful possession or control of the property abutting upon the public street at the place where the bench is proposed to be located to be personally served with a notice on a form prescribed by the Board of Public Works that the applicant will file an

application for a permit. The form prescribed by the Board shall contain a statement thereon that the person receiving such notice may object to the location of the bench.

(d) Each application must be signed by the owner of the bench or benches for which the permits are requested and must be accompanied by an inspection fee for each such bench. The inspection fee shall be determined and adopted in the same manner as provided in Section 12.37 I.1. of the Los Angeles Municipal Code for establishing fees. (Amended by Ord. No. 165,675, Eff. 5/11/90.)

(e) If the application is granted, an application fee shall be collected at the time of permit issuance for each bench for which a permit is issued. The application fee shall be determined and adopted in the same manner as provided in Section 12.37 I.1. of the Los Angeles Municipal Code for establishing fees. (Amended by Ord. No. 165,675, Eff. 5/11/90.)

(f) Any permittee shall be responsible for the removal of graffiti from any bench installed pursuant to such permit and the failure to so remove such graffiti upon request of the Department shall be grounds for revocation of the permit. (Former second Subsec. (e) relettered by Ord. No. 168,997, Eff. 9/17/93.)

(g) Each permit shall be revokable provided however it shall expire on the 30th day of June next following the date of issuance unless earlier revoked or renewed. A fee for each bench shall be charged for each annual renewal of the permit. Application for a renewal must be made prior to the expiration date and must be accompanied by a renewal fee. The renewal fee shall be determined and adopted in the same manner as provided in Section 12.37 I.1. of the Los Angeles Municipal Code for establishing the fees. (Former Subsec. (f) relettered by Ord. No. 168,997, Eff. 9/17/93.)

(h) Any permittee desiring to change permanently the location of a permit and bench in accordance with the provisions of Section 68.02 of this Code shall pay a fee of $34.00. (Former Subsec. (g) relettered by Ord. No. 168,997, Eff. 9/17/93.)

(i) Any permittee desiring to change permanently the location of a permit and bench in accordance with the provisions of Section 68.02 of this Code shall pay a fee of $1.00 for each such transfer of location to and including December 31, 1959, thereafter said fee shall be $1.50. (Former Subsec. (h) relettered by Ord. No. 168,997, Eff. 9/17/93.)

(a) The application shall be denied if the Board shall find that the maintenance of the bench would tend to obstruct passage along any public way or create a hazard or would otherwise be detrimental to the public safety, welfare or convenience.

(b) Any permit may be revoked, or renewal thereof denied, for any violation of any of the provisions of this section, for any fraud or misrepresentation in the application, for any reason which would have been ground for denial of the application, or when the Board determines that the bench to be installed, installed or maintained under such permit is to be located or is so located that it is not compatible with another existing or proposed use of the public property along the public way or otherwise not in the best interest of the City. (Amended by Ord. No. 152,457, Eff. 7/2/79.)

(c) If the owner, tenant or person in lawful possession or control of the property abutting upon the street at the place where the bench is to be located shall object to the maintenance of the bench, and gives written notice thereof to the Board at any time before or within 90 days from the date the permit is issued, the permit shall be denied or revoked. If such written notice is received by the Board after 90 days from the date of the permit, the permit shall not be revoked, but renewal thereof shall be denied on the next renewal date.

(d) The application shall be canceled and denied if the applicant fails to deposit the annual fee and accept the permit within 10 days after notice of the approval of the application by the Board.

(e) Any permit issued under this section shall be cancelled and revoked if the permittee fails to install the bench within 60 days after the date of the issuance of the permit.

(f) The application shall be canceled and denied, or the permit revoked, as the case may be, if 60% of the property owners and/or tenants living or having their place of business within 200 feet of the location of said bench or benches protest the same.

(a) No permittee shall locate or maintain any bench at a point less than 18 inches or more than 30 inches from the face of the curb, and each bench must be kept parallel with the curb.

(b) No bench shall be more than 42 inches high nor more than 2 feet, 6 inches wide, nor more than 7 feet long, over all.

(c) Each bench must have displayed thereon, in a conspicuous place, the name of the permittee and the permit number.

(d) It shall be the duty of the permittee to maintain each bench at all times in a safe condition an at its proper and lawful location, and to inspect each bench periodically.

(a) No advertising matter or sign whatever shall be displayed upon any bench except upon the front and rear surfaces of the backrest, and not more than 75% of each such surface shall be so used. No pictures or representations in irregular contour shall appear on any such bench. All advertising shall be subject to the approval of the Board.

(b) No advertisement or sign on any bench shall display the words “STOP,” “LOOK,” “DRIVE-IN”, “DANGER” or any other word, phrase, symbol or character calculated to interfere with, mislead or distract traffic.

(Amended by Ord. No. 112,719, Eff. 2/28/59.)

(a) After the revocation of the permit, the Board may remove and store the bench installed or maintained under such permit, if the permittee fails to do so within 10 days after notice.

(b) (Amended by Ord. No. 161,889, Eff. 2/16/87.) The permittee may recover the bench, if within 60 days after its removal, the permittee pays the cost of such removal and storage, which shall be the actual cost for removal, and $6.00 per month for storage, for each such bench. After 60 days from its removal, the Board may sell, destroy or otherwise dispose of the bench at its discretion. All of the foregoing shall be at the sole risk of the permittee, and shall be in addition to any other remedy provided by law for the violation of this section.

The Board of Public Works shall enforce the provisions of this article, and shall have complete authority over the installation and maintenance of benches, subject to the provisions of this article.

(Amended by Ord. No. 112,719, Eff. 2/28/59.)

No fee paid pursuant to this article shall be refunded in the event the application is denied or the permit revoked, except that when for any cause beyond the control of the permittee, a permit is revoked within 60 days after the date of issuance or last renewal thereof the annual fee therefor paid under the provisions of Section 68.03 of this Code, for the current year may be refunded to the permittee upon written demand filed within six months after the date of revocation.

(a) No permit shall be issued pursuant to this section unless the applicant shall post and maintain with the Board a surety bond or policy of public liability insurance, approved by the Board and conditioned as hereinafter provided.

(b) The bond or policy shall be conditioned that the permittee will indemnify and save harmless the City of Los Angeles, its officers 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 or maintenance of the bench for which the permit is issued and 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 such installation or maintenance. The bond or policy of insurance shall be maintained in its original amount by the permittee at the permittee’s expense at all times during the period for which the permit is in effect. In the event that two or more permits are issued to one permittee, one such bond or policy of insurance may be furnished to cover two or more benches, and each

bond or policy shall be of such a type that its coverage shall be automatically restored immediately from and after the time of the reporting of any accident from which liability may thereafter accrue.

The limit of liability upon any bond or policy of insurance, posted pursuant to the requirements of this article, shall in no case be less than $5,000.00 for bodily injuries to or death of one person. The permissible limit of liability for bodily injuries or death of more than one person shall depend upon the number of bench permits covered thereby and shall not be less than the amount specified in the following schedule:

[BENCH PERMITS – LIABILITY LIMIT]

Number of Bench Permits Limit of Liability
1 to 10 $10,000
11 to 50 $20,000
51 to 100 $40,000
101 or more $80,000

(Repealed by Ord. No. 184,548, Eff. 12/11/16.)