Article 6 — BUS PASSENGER SHELTERS AND BENCHES

No person shall erect, place, construct or maintain a bus passenger shelter or a bus passenger bench on any highway unless an encroachment permit to do so has first been obtained from the Director under such terms and restrictions as are hereinafter set forth and in compliance with Zoning Code section 7-9-146.9.

(Ord. No. 3381, § 1, 4-26-83; Ord. No. 3636, § 1, 5-26-87)

As used in this article:

(a)

Highway means all or any part of the entire width of right-of-way of a County highway, whether or not such entire area is actually used for highway purposes.

(b)

Bus stop shelter or shelter means a covered waiting area located upon a highway, often semienclosed, with a bench, that provides protection from sun, wind and rain for passersby or persons awaiting transportation.

(c)

Bus stop bench or bench means a seat located upon a highway for the comfort, convenience and accommodation of passersby or persons awaiting transportation.

(d)

Director means the Director, Environmental Management Agency, and includes those employees of the Environmental Management Agency authorized to act for the Director.

(e)

Person includes, but is not limited to, individuals, partnerships, corporations and associations.

(f)

Encroachment Permit or Permit means prescribed written approval by Director for placement of shelters and benches on a highway. Master Permit is an annual permit form used for setting forth all requirements and conditions for approval. Permit Rider is that form used for approval of each shelter or bench location subject to conditions of master permit.

(Ord. No. 3381, § 1, 4-26-83; Ord. No. 3636, § 1, 5-26-87)

(a)

No encroachment permit shall be issued except upon written application filed with, and upon a form prescribed by the Director showing the proposed location of each shelter or bench and such other provisions, conditions and information as the Director may require.

(b)

Detailed plans and specifications for each shelter and/or each bench meeting the approval of the Director 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)

A Master Permit must be obtained by the owner, or authorized representative, of the shelter(s) or bench(es) prior to application for Permit Riders for each proposed shelter or bench placement. Nonrefundable annual fees for Master Permits and Permit Riders shall be established by Resolution of the Board of Supervisors. The Master Permit fee and the Permit Rider fee for bus benches shall be paid prior to issuance of the permit. The Permit Rider fee for bus shelters may be paid in two (2) equal installments with fifty (50) percent of the fee to be paid prior to issuance of the permit and the remainder to be paid not less than thirty (30) days prior to the expiration of the period covered by the first installment; provided, however, that if the Permit Rider covers a period of six (6) months or less, the fee shall be paid in full at the time of issuance. Fees for Permit Riders obtained after the issuance of the Master Permit shall be prorated based on the number of months remaining to the expiration date of the Master Permit; any portion of a month shall count as a full month. Benches/shelters with no permitted advertising shall be charged an initial processing fee but no use fee.

(d)

The Master Permit for shelter(s) and/or bench(es) shall expire one (1) year from date of issuance unless renewed. Permit Rider expiration date shall coincide with Master Permit expiration date. Beginning two (2) years from the effective date of this article, permits shall not be renewed for benches/shelters with advertising signs when there is a valid permit application for a bench/shelter without advertising signs for the same bus stop. Permits for benches/shelters, which are to be replaced with benches/shelters with no advertising, may be continued for six (6) months or until the expiration date of the permit, whichever is greater. Failure to renew the Master Permit shall cause any outstanding Permit Riders to become automatically null and void.

(e)

Whenever a shelter or a bench, for which a permit has been issued, is sold or title or control thereof assigned or transferred, a master permit and rider must be obtained by the new owner. No portion of a permit fee paid by the previous owner is refundable or transferable. The new owner shall pay fees as set forth herein.

(Ord. No. 3381, § 1, 4-26-83; Ord. No. 3636, § 1, 5-26-87)

(a)

The director shall deny any application for a shelter and/or a bench permit(s) if he finds that the location of the proposed shelter and/or bench would tend to obstruct passage along the highway or to create a traffic hazard, impair sight distance or would otherwise be detrimental to the public safety, welfare or convenience.

(b)

The Director may revoke the Master Permit or Permit Rider or deny renewal thereof for reasons in the best interest of the County, for violation of any of the provisions of this article, for any fraud or misrepresentation in the application, or for any reason which would have been grounds for denial of the application.

(c)

The application shall be cancelled and denied if the applicant fails to deposit the permit fees and accept the permit within ten (10) days after notice of approval of the application by the Director.

(d)

The Permit Rider shall automatically become null and void if the permittee fails to install the permitted bench or shelter within sixty (60) days from the issuance date of the permit. Each shelter shall provide adequate self-contained illumination, as determined by the Director, within sixty (60) days of installation and a bench at all times, or such permit shall be void. In such case, the permit fee is not refundable. The provision of trash containers is permitted but not mandatory. The permittee shall be responsible for removal of trash from trash containers.

(e)

The Master Permit and all Permit Riders shall automatically become void upon failure of applicant to maintain surety and a current certificate of insurance with the County.

(Ord. No. 3381, § 1, 4-26-83; Ord. No. 3636, § 1, 5-26-87)

(a)

Shelters and/or benches shall conform to Zoning Code section 7-9-146.9.

(b)

Shelters and/or benches shall be located only at approved public transportation stops, including school bus stops. A combination of shelters and/or bench(es) shall not exceed two (2) at any location unless specifically approved by the Director and the need substantiated in writing by the General Manager of the Orange County Transit District.

(c)

Shelters and/or benches shall be installed in accordance with design criteria established by the Board of Supervisors and only at locations where a curb separates the travelway from the sidewalk or parkway. Shelters and/or benches shall be set back from the face of curb a distance not less than eighteen (18) inches and such that an unobstructed minimum pedestrian travelway of four (4) feet will be provided.

(d)

Shelter and/or bench permits shall be issued on a first-come, first-served basis and shall be nonexclusive for any location.

(e)

Where placement of both shelter and a bench at a location cannot be accommodated because of limited space or any other reasons, the shelter shall take precedence over the bus bench unless determined otherwise by the Director. Applications for benches/shelters without advertising signs shall have preference over applications for benches/shelters with advertising signs.

(Ord. No. 3381, § 1, 4-26-83; Ord. No. 3636, § 1, 5-26-87)

Shelter or bench advertising shall be allowed, subject to the provisions herein and Zoning Code section 7- 9-146.9.

(a)

No advertisement or sign on any shelter or bench shall display the words "stop," "drive in," "danger," or any other word, phrase, symbol or character likely to interfere with, mislead or misdirect traffic.

(b)

On shelters, advertising space shall be confined to the farside panel (both sides). The farside panel is the side of the shelter perpendicular to the street which is farthest away from a bus approaching the shelter. On benches, advertising space shall be confined to the street facing side of the bus bench back.

(c)

Each master permit shall include a Memorandum of Understanding (MOU) between the Director and the permittee addressing the following:

(1)

A mutually agreed upon list of advertising subject matter that is permitted and prohibited from display on the subject bus bench/bus shelter.

(2)

Reservation of a portion of the permitted advertising space on subject bus bench/bus shelter for public service announcements.

(Ord. No. 3381, § 1, 4-26-83; Ord. No. 3636, § 1, 5-26-87)

It shall be the duty of each permittee to maintain such shelters and benches in a safe and presentable condition at all times. A program of regular maintenance shall be submitted and approved by the Director as a component of each master permit to ensure that benches/shelters are structurally sound, in a complete state of repair, that the structure and immediate environs are free from the accumulation of litter and debris, and that the benches/shelters are being operated in accordance with the master permit and MOU. Damaged or unsafe and unsightly shelters or benches, if not repaired or maintained in a presentable condition shall be removed by permittee immediately, or shall be removed by the Director or his designee at permittee's expense.

(Ord. No. 3381, § 1, 4-26-83; Ord. No. 3636, § 1, 5-26-87)

Upon the expiration or revocation of any Permit Rider, the permittee shall forthwith remove such shelter or bench from the highway. The Director may give the permittee ten (10) days' notice to remove the shelter or bench and upon his failure to do so may remove and store the shelter or bench pending the recovery thereof by the permittee, or its sale, destruction or other disposition, as hereinafter provided. The Director shall store the shelter or bench for at least thirty (30) days after its removal during which time the permittee may recover the shelter or bench by paying the County for the cost of such removal and storage. Said costs shall not exceed three hundred dollars ($300.00) a month per shelter and one hundred dollars ($100.00) a month per bench for removal and storage. At the expiration of said thirty-day period, the Director shall salvage such structure for public use on public property, or he may have it destroyed. All of the foregoing shall be at the sole risk of the permittee and shall be in addition to any other remedy which the County may have by law.

(Ord. No. 3381, § 1, 4-26-83; Ord. No. 3636, § 1, 5-26-87)

(a)

No permit shall be issued pursuant to this article unless the applicant shall post and maintain with the County of Orange surety and a policy of public liability insurance approved by the County Counsel and conditioned as hereinafter provided.

(b)

The liability policy shall be conditioned that the permittee will indemnify and save the County of Orange, its officers and employees, from any and all loss, cost, damages, expenses or liability which may result from or arise out of the granting of the permit, or the installation or maintenance of the shelter and/or 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 form 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 (1) permittee, one (1) such policy of insurance may be furnished to cover two (2) or more shelters and/or benches and each shall be of such type that its coverage shall be automatically restored from and after the time of the reporting of any accident from which liability may thereafter accrue.

(c)

Such policy shall provide a minimum of thirty (30) days' written advance notice of cancellation to the Director with no attached disclaimer.

(d)

The limit of liability upon a policy of insurance, posted pursuant to the requirements of this section, shall in no case be less than one million dollars ($1,000,000.00), combined single limit for bodily injury to or death of one (1) person or more and property damage.

(e)

Surety.

(1)

Shelters. The applicant shall provide the County with a cash deposit, surety bond or letter of credit based on the amount of five hundred dollars ($500.00) per shelter. Should the shelter not be removed within a time specified, or if immediate removal for public safety is required by the County, the surety shall reimburse the County of Orange for any costs expended to remove, relocate, adjust or salvage said shelter.

(2)

Benches. The applicant shall provide the County with a cash deposit, surety bond or letter of credit based on the amount of one hundred dollars ($100.00) per bench. Should the bench not be removed within a time specified, or if immediate removal for public safety is required by the County, the surety shall reimburse the County of Orange for any costs expended to remove, relocate, adjust or salvage said bench.

(Ord. No. 3381, § 1, 4-26-83; Ord. No. 3636, § 1, 5-26-87)

(a)

It shall be unlawful for any person, with the exception of an authorized County official, or the permittee or his agent, to tamper with or move any shelter and/or bench lawfully placed upon a highway pursuant to the provisions of this article.

(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 highway, pursuant to the provisions of this article.

(Ord. No. 3381, § 1, 4-26-83; Ord. No. 3636, § 1, 5-26-87)

The Director shall enforce the provisions of this article.

(Ord. No. 3381, § 1, 4-26-83; Ord. No. 3636, § 1, 5-26-87)

The Board of Supervisors shall review this article one (1) year after its effective date and as necessary thereafter to determine whether changes are needed to enhance the effectiveness of the bus passenger shelters and benches program.

(Ord. No. 3636, § 1, 5-26-87)

Secs. 6-1-132—6-1-134. - Reserved.