Rancho Santa Margarita Municipal Code Ch. 11.05 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 City Engineer under such terms and restrictions as are hereinafter set forth and in compliance with the zoning ordinance.

(OCC § 6-1-120; Ord. No. 3381, § 1, 4-26-1983; Ord. No. 3636, § 1, 5-26-1987)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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

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

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

Encroachment permit or permit means prescribed written approval by the City Engineer 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.

(OCC § 6-1-121; Ord. No. 3381, § 1, 4-26-1983; Ord. No. 3636, § 1, 5-26-1987)

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

(b) Detailed plans and specifications for each shelter and/or each bench meeting the approval of the City Engineer shall be supplied by the applicant. Shelter plans and structures shall be certified by an engineer or architect registered or licensed by the State of California.

(OCC § 6-1-122; Ord. No. 3381, § 1, 4-26-1983; Ord. No. 3636, § 1, 5-26-1987)

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

(b) The City Engineer may revoke the encroachment permit or deny renewal thereof for reasons in the best interest of the City, for violation of any of the provisions of this chapter, for any fraud or misrepresentation in the application, or for any reason that 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 days after notice of approval of the application by the City Engineer.

(d) The permit rider shall automatically become null and void if the permittee fails to install the permitted bench or shelter within 60 days after the issuance date of the permit. Each shelter shall provide adequate self-contained illumination, as determined by the City Engineer, within 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 and may be required at any time by the City Engineer. The permittee shall be responsible for removal of trash from trash containers.

(OCC § 6-1-123; Ord. No. 3381, § 1, 4-26-1983; Ord. No. 3636, § 1, 5-26-1987)

(a) Shelters and/or benches shall conform to all applicable requirements of the zoning ordinance.

(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 at any location unless specifically approved by the City Engineer and the need substantiated in writing by the Orange County Transportation Authority.

(c) Shelters and/or benches shall be installed in accordance with design criteria established by the City 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 18 inches and such that an unobstructed minimum pedestrian travelway of four 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 City Engineer. Applications for benches/shelters without advertising signs shall have preference over applications for benches/shelters with advertising signs.

(OCC § 6-1-124; Ord. No. 3381, § 1, 4-26-1983; Ord. No. 3636, § 1, 5-26-1987)

Shelter or bench advertising shall not be allowed.

(OCC § 6-1-125; Ord. No. 3381, § 1, 4-26-1983; Ord. No. 3636, § 1, 5-26-1987)

It shall be the duty of each permittee to maintain such shelters and benches in a safe and presentable condition at all times. 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 City Engineer at permittee's expense.

(OCC § 6-1-126; Ord. No. 3381, § 1, 4-26-1983; Ord. No. 3636, § 1, 5-26-1987)

Upon the expiration or revocation of any permit, the permittee shall forthwith remove such shelter or bench from the highway. The City Engineer shall give the permittee ten 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 City Engineer shall store the shelter or bench for at least 30 days after its removal, during which time the permittee may recover the shelter or bench by paying the City for the cost of such removal and storage. Said costs shall not exceed $300.00 a month per shelter and $100.00 a month per bench for removal and storage. At the expiration of said 30-day period, the City Engineer 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 that the City may have by law.

(OCC § 6-1-127; Ord. No. 3381, § 1, 4-26-1983; Ord. No. 3636, § 1, 5-26-1987)

(a) No permit shall be issued pursuant to this chapter unless the applicant shall post and maintain with the City surety and a policy of public liability insurance approved by the City Attorney and conditioned as hereinafter provided.

(b) The liability policy shall be conditioned that the permittee will indemnify and save the City and its officers and employees from any and all loss, cost, damages, expenses, or liability that 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 or more permits are issued to one permittee, one such policy of insurance may be furnished to cover two 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 30 days written advance notice of cancellation to the City Manger 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 $1,000,000.00, combined single limit for bodily injury to or death of one person or more and property damage.

(OCC § 6-1-128; Ord. No. 3381, § 1, 4-26-1983; Ord. No. 3636, § 1, 5-26-1987)

(a) It shall be unlawful for any person, with the exception of an authorized City 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 chapter.

(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 chapter.

(OCC § 6-1-129; Ord. No. 3381, § 1, 4-26-1983; Ord. No. 3636, § 1, 5-26-1987)

The City Engineer shall enforce the provisions of this chapter.

(OCC § 6-1-130; Ord. No. 3381, § 1, 4-26-1983; Ord. No. 3636, § 1, 5-26-1987)

(Ord. No. 3636, § 1, 5-26-1987)