Maywood Municipal Code Ch. 2 Benches on Public Ways

For the purposes of this chapter, "bench" shall mean a seat located upon public property along any public way for the comfort, convenience, and accommodation of passersby or persons awaiting transportation.

(§ 1, Ord. 376)

It shall be unlawful for any person to install or maintain any bench on any street or sidewalk area within the City unless the Street Superintendent has issued a permit therefor which is in valid existence.

(§ 1, Ord. 376)

(a) Form. No bench permit shall be issued except upon a written application filed with, and upon a form prescribed by, the City Clerk. The application shall specify the proposed location of each bench, the advertising, if any, to appear thereon, and such other information as the Street Superintendent may require. Each application shall be signed by the owner of the bench or benches for which permits are requested.

(b) Inspection fee. Each application shall be accompanied by an inspection fee in the amount of One and no/100ths ($1.00) Dollar for each bench.

(c) Plans and specifications. Detailed plans and specifications for each bench shall be supplied by the applicant.

(d) Owner's consent. Each application shall be accompanied by a written statement signed by the owner or person in lawful possession or control of the property abutting the public street at the place where the bench is proposed to be located, and such statement shall contain the consent of such owner or person to the installation and maintenance of the bench.

(§ 2, Ord. 376)

The application for a bench permit shall be denied if the Street Superintendent shall find that the maintenance of the bench would tend to obstruct passage along any public way, or to create a hazard, or would otherwise be detrimental to the public safety, welfare, or convenience, and such finding shall be concurred in by the Council.

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

(§ 3, Ord. 376)

A separate permit shall be obtained for each bench, which permit shall be valid only for the particular location specified thereon. Each permit shall bear a separate number. Not more than two (2) permits shall be issued for any one location and shall be issued to the same permittee.

(§ 1, Ord. 376)

Applications for the renewal of permits shall be made prior to the expiration date by the payment of the annual fee in the amount of Six and no/100ths ($6.00) Dollars for each bench.

(§ 5, Ord. 376, as amended by § 2, Ord. 78-171, eff. June 27, 1978)

(a) Failure to renew. Each permit shall expire on January 1 next following the date of its issuance, unless it shall be renewed.

(b) Owner's withdrawal of consent. If the abutting owner or person in lawful possession or control withdraws his consent to the continued maintenance of the bench and gives written notice thereof to the Street Superintendent, a renewal of the permit shall be denied at the expiration of the current term of the permit. The City Clerk shall inform the permittee of the receipt of such notice.

(c) Failure to install. Any permit issued shall be canceled and revoked if the permittee fails to install the bench within sixty (60) days after the date of the issuance of the permit.

(§§ 3, 4, and 5, Ord. 376)

Any permit may be revoked or the renewal thereof denied by the Council for any violation of any provision of this chapter, for any fraud or misrepresentation in the application, or for any reason which would have been grounds for the denial of the application.

The application shall be canceled and denied or the permit revoked, as the case may be, by the Council if sixty (60%) percent of the property owners or persons in lawful control or having their place of business within 200 feet of the location of such bench or benches protests the same.

(§§ 3 and 4, Ord. 376)

All permits issued pursuant to the provisions of this chapter shall be temporary only and shall be revocable at the pleasure of the Council at any time without notice and without liability and shall be accepted accordingly. No refund of any fee paid prior to such revocation shall be permitted.

(§ 7, Ord. 376)

Whenever a bench for which a permit has been issued has been sold, or title or control thereof assigned or transferred, or the location thereof changed, a new permit shall be obtained for its maintenance.

(§§ 2 and 5, Ord. 376)

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

(b) The bond or policy shall be conditioned that the permittee will indemnify and save the City, 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 which 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 his expense at all times during the period for which the permit is in effect. In the event two (2) or more permits are issued to one permittee, one such bond or policy of insurance may be furnished to cover two (2) or more benches, and each bond or policy shall be of such 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.

(c) The limit of liability upon any bond or policy of insurance posted pursuant to the requirements of this chapter shall in no case be less than Five Thousand and no/100ths ($5,000.00) Dollars for bodily injuries to, or the death of, one person, nor less than One Thousand and no/100ths ($1,000.00) Dollars for property damage. The permissible limits of liability for bodily injuries or the death of more than one person shall depend upon the number of bench permits covered thereby and shall not be less than the amounts specified in the following schedule:

(§ 11, Ord. 376)

(a) Proximity to curb. No sidewalk bench permittee shall locate or maintain any bench at a point less than eighteen (18″) inches nor more than thirty (30″) inches from the face of the curb, and each bench shall be kept parallel with the curb.

(b) Size. No bench shall be more than forty-two (42″) inches high nor more than two (2′) feet six (6″) inches wide, nor more than seven (7′) feet long overall.

(c) Name and permit number. Each bench shall have displayed thereon, in a conspicuous place, the name of the permittee and the permit number, which name and permit number shall be applied by the permittee and renewed whenever they become illegible.

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

(§ 8, Ord. 376)

(a) Location and type. No advertising matter or sign whatever shall be displayed upon any sidewalk bench except upon the front and rear surfaces of the backrest, and not more than seventy-five (75%) percent of each such surface shall be so used. No picture or representation in irregular contours shall appear on any such bench. All advertising shall be subject to the approval of the Council.

(b) Misleading signs. No advertisement or sign on any bench shall display the words "Stop," "Look," "Drive In," "Danger," or any other word, phrase, symbol, or character liable to interfere with, mislead, or direct traffic.

(§ 9, Ord. 376)

No person shall install or maintain any sidewalk bench:

(a) In any alley;

(b) At any location where the distance from the face of the curb to the property line is less than ten (10′) feet;

(c) At any location more than fifty (50′) feet distant from the nearest intersecting street; provided, however, whenever, in the opinion of the Street Superintendent, observance of this requirement would result in inconvenience or hardship, this requirement may be waived by the Street Superintendent; and

(d) At any place except an existing public carrier stop.

(§ 6, Ord. 376)

(a) By Street Superintendent. After the revocation or expiration of any sidewalk bench permit, the Street Superintendent may remove and store the bench if the permittee fails to do so within ten (10) days after notice.

(b) Recovery by permittee. The permittee may recover the bench if, within sixty (60) days after the removal thereof, he shall pay the cost of such removal and storage, which cost shall not exceed Two and no/100ths ($2.00) Dollars for removal and Five and no/100ths ($5.00) Dollars a month for storage for each such bench.

(c) Disposition by Street Superintendent. After sixty (60) days the Street Superintendent may sell, destroy, or otherwise dispose of the bench at his discretion.

(d) Remedies cumulative. The provisions of this section 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 the provisions of this chapter.

(§ 10, Ord. 376)

The City Clerk shall keep and maintain an index file of all permits granted or renewed pursuant to the provisions of this chapter.

(§ 12, Ord. 376)

All fees provided to be paid pursuant to the provisions of this chapter shall be in addition to the tax required for a business license pursuant to the provisions of Article 2 of Chapter 1 of Title 3 of this Code.

(§ 5, Ord. 376)

The Street Superintendent and the Chief of Police shall enforce the provisions of this chapter.

(§ 14, Ord. 376)

It shall be unlawful for any person, with the exception of an authorized City official or the permittee or his agent, to tamper with, move, injure, deface, or commit acts of vandalism upon any bench lawfully upon a public way pursuant to the provisions of this chapter. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor.

(§ 13, Ord. 376)