Chapter 12.36 — BUS BENCHES

"Bench" means a seat located upon public property along any public way for the accommodation of passersby or persons awaiting transportation. (Prior code § 38-159)

• A. Permit to Install or Maintain Required. No companies will be allowed to install or maintain any bench without a permit. A separate permit must be obtained for each bench, and no more than two permits will be issued for any one location.

• B. Application for Permit. No permit will be issued unless accompanied by a written application or request, including the proposed location of each bench, the type of construction proposed, and any other information which the City Manager or designee may require including the proposed wording or display.

• C. License and Permit Fee.

  1. A bus bench permit shall cost five dollars (Section 5.04.040 of this Code). Each permit will expire 12 months following the date of issuance. Permits may be renewed upon payment of the fee.

  2. Licensing fees shall be charged for bus bench advertising pursuant to Section 5.16.030 of the City Code. Prior to license renewal, an inventory of the applicant's benches shall be submitted to the City.

• D. Permits to Be Nontransferable. Whenever a bench is sold or transferred, the new owner must obtain a new permit for its maintenance. Permits are not transferable.

• (Prior code §§ 38-160—38-163)

Each bus bench will carry the name and telephone number of the owner of the bench in letters not less than one inch high and not more than three inches high. (Prior code § 38-164)

All advertising matter shall be displayed on the front and/or rear surfaces of the back rest, and not more than 75% of each surface shall be used. 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. (Prior code § 38-165)

• A. No bench shall be located 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. All benches must measure approximately 42 inches by 30 inches by 96 inches and must be approved by the City Manager, or designee.

• C. Each bench shall be maintained by the permittee in a good, safe, neat, and clean condition at its proper location.

• D. Benches shall not be moved from one location to another without approval and revision of the permit.

• E. Administrative Removal of Benches.

  1. Dangerous or Hazardous Condition. Notwithstanding other provisions of this chapter, the City Manager may immediately correct a dangerous or hazardous condition or remove any such bench causing such condition. If the bench is impounded pursuant to this section; a written notice of such action shall be sent to the permittee maintaining the bench within two working days after the impoundment.

  2. A bench may be impounded for violation of the terms and conditions of this chapter under the following conditions:

     • a. The City Manager or designee must attach a tag upon the particular bench found in violation. A written notice of the violation shall be sent to the permittee. Said notice shall also provide that permittee is entitled to a hearing with the City Manager to contest the alleged violation. Said hearing shall be provided and the time and place thereof to permittee within 10 working days of the date of the written notice of violation. The permittee, if dissatisfied with the action of the City Manager, may appeal to the City Council in the manner and procedure set forth in Section 5.04.190 of this Code.

     • b. Upon removal by the City, such bench shall be stored in any convenient place. The City Manager or designee shall take reasonable steps to notify permittee of the fact of bench removal, the place of storage, and that unless the bench is claimed within 45 days and the cost of the pick up, as fixed by the City Manager, paid, the bench will be deemed abandoned and will be destroyed. Upon failure of permittee to claim the bench and pay such costs within 45 days after such notice has been sent to permittee, such bench shall be deemed to have been abandoned by permittee and to be abandoned property and the bench shall be destroyed.

(Prior code § 38-166)

The City Manager, or designee, shall enforce the provisions of this chapter, and shall have authority over the installation and maintenance of benches as provided in this chapter. (Prior code § 38-167)

• A. The City Manager, or designee, may revoke or deny renewal of any permit for any violation of any of the provisions stated above, for any fraud or misrepresentation in the application, or for any other reason which would have been grounds for denial of the application.

• B. Unless granted an extension by the City Manager, or designee, any permit issued under this chapter shall be canceled and revoked if the permittee fails to install the bench within 60 days after the date of issuance of the permit.

(Prior code § 38-168)

Any applicant for a permit dissatisfied with the decision of the issuance or non-issuance of a permit may appeal said decision to the City Council in the manner and procedure set forth in Section 5.04.190 of this Code.

(Prior code § 38-169)