Chapter 12.52 — SIDEWALK BENCHES

It is unlawful for any person to install or maintain any bench on any street or sidewalk area within the city, unless there has been issued, and is in valid existence, a permit therefor from the City Manager. A separate permit must 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 permits shall be issued for any one location, and must be issued to the same permittee.

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

(Prior code § 6-1.40)

A.

No bench permit shall be issued except upon written application, filed with, and upon a form prescribed by, the City Clerk, showing the proposed location of each bench, the advertising, if any, to appear thereon and such other information as the City Manager may require.

B.

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

C.

Each application must be signed by the owner of the bench or benches for which permits are requested, and must be accompanied by an inspection fee of one dollar ($1.00) for each such bench.

D.

Whenever a bench for which a permit has been issued is sold or title or control thereof assigned or transferred or the location thereof is changed, a new permit must be obtained for its maintenance; provided, however, that in the event there is a change in legal entity of the bench owner through due process of law, the City Manager may approve the transfer of all existing permits from the predecessor person or firm to the succeeding person or firm.

(Prior code § 6-1.41)

No application for bench permits shall be approved or permit therefor granted unless such application is for a minimum of one (100) hundred benches; and every permittee, both present and future, shall agree to maintain and shall pay a minimum permit fee based upon, and shall at all times maintain in use not fewer than one hundred (100) sidewalk benches.

(Prior code § 6-1.411)

A.

The application for a bench permit shall be denied if the City Manager 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.

B.

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

C.

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

(Prior code § 6-1.42)

The holder of every sidewalk bench permit shall pay to the Oakland Bureau of Permits and Licenses a permit fee in the amount of sixty cents ($.60) per month payable quarterly in advance for each bench for which a permit is issued, which shall be paid at the time of the issuance of the permit.

Each permit shall expire on July 1st next following the date of its issuance unless renewed. A fee for one- quarter year for each bench shall be paid at the time of each annual renewal of the permit. Applications for renewal must be made prior to the expiration date by payment of said quarterly fee.

(Prior code § 6-1.44)

No permit shall be issued, and no existing permit shall be valid, until the holder or applicant therefor shall have deposited with the city a security guaranteeing performance of all of the requirements of this chapter pertaining to sidewalk benches. In the event the permittee shall fail to comply with any of the said requirements to this chapter, the City Manager may cause whatever may be required to be done to satisfy such requirements and shall charge the costs thereof against the aforesaid deposit.

The permittee may recover the bench if, within sixty (60) days after the removal, he or she pays the cost of such removal and storage. After sixty (60) days, the City Manager may sell, destroy or otherwise dispose of the bench at his or her 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 chapter.

(Prior code § 6-1.441)

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 feet;

C.

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

D.

At any place except an existing public carrier stop;

E.

At any location where such advertising is prohibited by the provisions Title 17 of this code.

(Prior code § 6-1.45)

A.

No sidewalk bench permittee shall locate or maintain any bench at a point less than eighteen (18) inches or more than thirty (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 forty-two inches high nor more than two feet six inches wide, nor more than seven feet long, overall.

C.

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

D.

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.

(Prior code § 6-1.46)

A.

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 pictures or representations in irregular contours shall appear on any such bench. All advertising shall be subject to the approval of the City Manager.

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 liable to interfere with, mislead or direct traffic.

(Prior code § 6-1.47)

A.

After the revocation of any sidewalk bench permit, the City Manager may remove and store the bench, if the permittee fails to do so within ten days after notice.

B.

The permittee may recover the bench, if within sixty (60) days after the removal, he or she pays the cost of such removal and storage, which shall not exceed two dollars ($2.00) for removal and five dollars ($5.00) a month for storage, for each such bench. After sixty (60) days, the City Manager may sell, destroy or otherwise dispose of the bench at his or her 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 chapter.

(Prior code § 6-1.48)

A.

No sidewalk bench permit shall be issued pursuant to this chapter unless the applicant shall post and maintain with the City Clerk a policy of public liability and property damage insurance, approved by the City Attorney and conditioned as hereinafter provided.

B.

The policy shall be conditioned that the permittee will indemnify and save harmless 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 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 policy of insurance shall be maintained in its original amount by the permittee at his or her expense at all times during the period for which the permit is in effect, and thereafter until the benches are removed or title thereto is transferred to another permittee. Said policy shall also state that it shall not be cancelled or amended except upon thirty (30) days' prior written notice thereof to the City Manager. All policies shall be renewed and submitted for approval at least thirty (30) days prior to their expiration date.

(Prior code § 6-1.49)

The insurance policies required by Section 12.52.110 shall insure against loss from the liability imposed upon the assured, which shall include the permittee, by law for injury to, or death of, any person, or damage to property growing out of the installation or maintenance of any sidewalk bench, to the amount or limit of fifty thousand dollars ($50,000.00) on account of injury to or death of any one person, and, subject to the same limit as respects injury to or death of one person, of one hundred thousand dollars ($100,000.00) on account of any one accident resulting in injury to or death of more than one person, and of ten thousand dollars ($10,000.00) for damage to property of others, resulting from any one accident.

(Prior code § 6-1.50)