Santa Ana Municipal Code § 33-102 Permit—Application

Footnotes:

--- (3) ---

Editor's note— Ord. No. NS-1706, §§ 1-13, enacted Dec. 5, 1983, affected Art. IV as follows:

(1) Amended §§ 33-101-33-105;

(2) Added § 33-106;

(3) Amended §§ 33-108-33-113;

(4) Added § 33-114.

Prior to amendment §§ 33-101—33-105 and §§ 33-108—33-113 were derived from Ord. No. NS-1406, § 1, adopted May 15, 1978.

Subsequently, Ord. No. NS-2206, § 1, adopted Oct. 4, 1993, changed the title of Art. IV. from "Benches" to "Benches and Bus Shelters" without substantially altering the content of the article.

As used in this article:

(a) Bench means a seat located upon any public street for the comfort, convenience or accommodation of pedestrians, or for persons awaiting transportation.

(b) Bus shelter means an enclosed or partially enclosed shelter located upon any public street for the comfort, convenience or accommodation of pedestrians, or for persons awaiting transportation.

(c) Street is a way or place of whatever nature publicly maintained and opened to the use of the public for purposes of vehicular traffic.

(Ord. No. NS-1406, § 1, 5-15-78)

It shall be unlawful for any person, association, partnership or corporation to install or maintain any bench or bus shelter on any street within the City of Santa Ana unless there has been issued a permit therefor as provided in this article. A separate permit shall be obtained for each bench or bus shelter, which permit shall be valid only for a particular location specified therein. Each permit shall bear a separate number. Not more than one permit shall be issued for any one location unless the executive director of the public works agency or his designee finds that more than one bench or bus shelter or combination thereof is reasonably necessary to accommodate persons using benches or bus shelters at such location.

(Ord. No. NS-1706, § 1, 12-5-83; Ord. No. NS-1914, § 1, 6-15-87)

(a) No bench or bus shelter permit shall be issued except upon written application, filed with, and upon a form prescribed by, the executive director of the public works agency or his designee, showing the proposed location of each bench or bus shelter and such other information as the executive director of the public works agency or his designee may require. The initial application for a bench or bus shelter permit shall be accompanied by a nonrefundable processing fee for each bench or bus shelter as established by resolution of the city council.

(b) Detailed plans and specifications of each bench or bus shelter shall be supplied by the applicant in a form as approved by the executive director of the public works agency or his designee.

(c) Each application for a permit to install a bench or bus shelter at a location not previously approved by the director of transportation services prior to the effective date of this section shall be accompanied by an affidavit or declaration of the applicant, reciting that the applicant has caused the owner or person in lawful possession or control of the property abutting upon the public street at the place where the bench or bus shelter is proposed to be located to be served with a notice on a form prescribed by the executive director of the public works agency or his designee. Such notice shall state that the applicant will file an application for a permit and that the person receiving such notice may object to the location of the bench or bus shelter.

(d) Each application must be signed by the owner or legal representative of the owner of the bench or bus shelter for which the permit is requested.

(Ord. No. NS-1706, § 2, 12-5-83; Ord. No. NS-1914, § 2, 6-15-87; Ord. No. NS-2206, § 1, 10-4-93)

Upon approval of an application for a new or renewal permit a nonrefundable permit fee for each bench or bus shelter as established by resolution of the city council shall be submitted. Each new permit issued shall expire on either the first day of July or the first day of January next following the date of issuance. Thereafter, each such permit shall be subject to a semi-annual renewal on the first day of July and the first day of January. Each permit may be renewed, provided (1) a renewal application is filed, (2) a semi-annual renewal fee as established by resolution of the city council is paid, (3) all past fees as established by resolution of the city council are paid, and (4) the permittee has complied with all provisions of this article.

(Ord. No. NS-1706, § 3, 12-5-83; Ord. No. NS-1914, § 3, 6-15-87; Ord. No. NS-2206, § 3, 10-4-93)

Prior to issuance of any permit under this article, each applicant shall:

(a) Represent, stipulate, contract and agree that such applicant will indemnify and hold the City of Santa Ana and its officers and employees harmless against liability for any and all claims for damage to property, or injury to, or death of persons arising out of or resulting from the issuance of the permit or the placement of the bench or bus shelter.

(b) Obtain and file with the clerk of the council, and thereafter maintain during the term of any such permit, a comprehensive general liability insurance policy or policies, approved as to form by the city attorney, issued by an insurance company or companies authorized to do business in the State of California. The City of Santa Ana, its officers and employees shall be named as additional insureds on said policy or policies. The policy limits of said insurance policy or policies shall be not less than three hundred thousand dollars ($300,000.00) combined single limit for both bodily injury and property damage, or equivalent.

Said policy or policies shall also contain a provision that no termination, cancellation, or change of coverage of insured or additional insured shall be effective until after twenty (20) days' notice thereof has been given in writing to the clerk of the council.

(Ord. No. NS-1706, § 4, 12-5-83)

(a) The application for a bench or bus shelter permit shall be denied if it is found by the executive director of the public works agency or his designee that the maintenance of the bench or bus shelter would tend to obstruct passage along any public street, 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 by the executive director of the public works agency or his designee for any 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 denied if the applicant fails to deposit the permit fee and accept the permit within thirty (30) days after notice of the approval of the application by the executive director of the public works agency or his designee.

(d) Any permit issued under this article shall be canceled and revoked if the permit holder fails to install the bench or bus shelter within sixty (60) days after the date of issuance of such permit.

(e) If the owner, tenant or person in lawful possession or control of the property abutting the street at the place where the bench or bus shelter is to be located gives written notice of objection to such location to the executive director of the public works agency or his designee at any time before issuance of the permit that maintenance of the bench or bus shelter would tend to obstruct passage along any public street, or to create a hazard, or would otherwise be detrimental to the public safety, welfare or convenience, the executive director of the public works agency or his designee shall consider such notice in making the determination pursuant to subsection (a) of this section. If such written notice is received by the executive director of the public works agency or his designee after the date of issuance of the permit, the permit shall not be revoked but renewal thereof shall be denied on the next renewal date if the executive director of the public works agency or his designee finds in accordance with subsection (a) of this section. Any such denial or revocation of any permit shall be subject to review upon filing of a timely appeal pursuant to the provisions of Chapter 3 of this Code.

(f) The city council may on its own motion, with or without a hearing, deny the issuance of a permit approved by the executive director of the public works agency or his designee or may revoke a permit previously issued by the executive director of the public works agency or his designee, when the city council finds that maintenance of the bench or bus shelter would tend to or does obstruct passage along any public street, create a hazard, or would or is otherwise detrimental to the public safety, welfare or convenience.

(g) Any permit issued under this article for a bench location where the executive director of the public works agency or his designee subsequently authorizes installation of a bus shelter shall be automatically revoked, unless otherwise permitted by the executive director of the public works agency or his designee in conjunction with such bus shelter.

(h) Any permit issued under this article may be revoked for failure to pay the business license tax as required by this Code.

(Ord. No. NS-1706, § 5, 12-5-83; Ord. No. NS-1914, § 4, 6-15-87)

Editor's note— Ord. No. NS-2206, § 4, adopted Oct. 4, 1993, repealed § 33-106, which pertained to advertising revenue payment and derived from Ord. No. NS-1706, § 6, adopted Dec. 5, 1983.

No person, association, partnership or corporation shall install or maintain any bench:

(a) In any alley.

(b) At any location where the distance from the face of the curb to the nearest property line is less than seven (7) feet.

(c) At any location, distant more than fifty (50) feet from the nearest intersecting street; provided that this requirement may be waived by the executive director of the public works agency or his designee upon a finding that observance of this requirement would result in public inconvenience or hardship.

(d) At any place except a designated public carrier stop.

(Ord. No. NS-1406, § 1, 5-15-78; Ord. No. NS-1914, § 5, 6-15-87)

(a) Each bench shall have displayed in a conspicuous place the name of the permit holder and the permit number.

(b) No bench shall be more than forty-two (42) inches high, nor more than thirty (30) inches wide, nor more than seven (7) feet long, unless so authorized by the executive director of the public works agency or his designee.

(c) No bench permit holder shall locate or maintain any bench at a point less than eighteen (18) inches nor more than twenty-four (24) inches from the face of the curb, and each bench must be maintained parallel with the curb, except as otherwise approved by the executive director of the public works agency or his designee where the circumstances are unusual.

(d) An acceptable trash receptacle is to be permanently affixed to any permitted bus bench wherever warranted. The design of said receptacle shall be subject to the approval of the executive director of the public works agency or his designee.

(e) It shall be the duty of the permit holder to maintain each bus bench including any receptacle required to be affixed to said bus bench pursuant to subsection (d) of this section, in a clean, attractive and safe condition at all times at its proper and lawful location, and to inspect each bus bench periodically. A regular schedule satisfactory to the executive director of the public works agency or his designee for emptying trash receptacles must be maintained by the permit holder.

(Ord. No. NS-1706, § 7, 12-5-83; Ord. No. NS-1914, § 6, 6-15-87)

(a) The design of each bus shelter shall be approved by the executive director of the public works agency or his designee prior to issuance of a permit therefor. Approval shall be based on compliance of applicant with reasonable guidelines issued by the executive director of the public works agency or his designee.

(b) Bus shelters shall be constructed in conformity with the Uniform Building Code, as amended, and adopted by section 8-43 of the Santa Ana Municipal Code.

(c) Each bus shelter shall be illuminated for passenger safety.

(d) Each bus shelter shall have a trash receptacle permanently affixed to the adjacent sidewalk. The design of said trash receptacle shall be approved by the executive director of the public works agency or his designee.

(e) Bus shelters shall be maintained in a neat, attractive, safe and sanitary manner at all times. Routine maintenance, including cleaning and emptying of trash receptacles, shall be provided each bus shelter at least once per week. Damaged, defaced or defective segments of any bus shelter shall be replaced within forty-eight (48) hours of discovery thereof or notice thereof by the City of Santa Ana, whichever occurs earlier, except that any condition which, in the opinion of the executive director of the public works agency or his designee constitutes a safety hazard shall be repaired, replaced, removed or otherwise corrected immediately upon notification by the City of Santa Ana.

(f) Reserved.

(g) Upon removal of any bus shelter, all material and wires shall be removed from the site by the permit holder and the site restored to the condition in existence prior to installation of the bus shelter, including complete restoration of any sidewalk upon which the removed bus shelter was located. A performance bond in the amount of five hundred dollars ($500.00) per shelter shall be posted by permit holder to insure proper site restoration.

(Ord. No. NS-1706, § 8, 12-5-83; Ord. No. NS-1914, § 7, 6-15-87)

(a) No advertising or sign shall be displayed on any bench except upon the front and rear surfaces of the back rest.

(b) All advertising or signs shall be affixed to the surface of each bus shelter.

(c) All advertising on any bench or bus shelter shall be displayed in accordance with the approved bench or bus shelter plan and specifications and such advertising shall not be displayed without prior written approval of the Executive Director of the Public Works Agency or his designee. No advertising shall be displayed which is deemed indecent, conflicting with traffic safety or otherwise injurious to the public interest as determined solely by the Executive Director of the Public Works Agency or his designee. Any unpermitted advertising shall be removed by the permit holder within twenty-four (24) hours after notice by the City of Santa Ana of the disapproval and need for removal pursuant to this section.

(d) No advertisement or sign in or on any bench or bus shelter shall be displayed which would be offensive or objectionable to the public, or which advertises competing services or products within a one-block radius of real property primarily devoted to providing such services or products.

(e) No advertisement or sign in or on any bench or bus shelter shall display any word, phrase, symbol or character likely to interfere with, mislead or distract traffic, or conflict with any official traffic control device.

(f) A minimum of ten (10) per cent of all benches in areas devoted primarily to residential uses shall be without advertisements or signs.

(Ord. No. NS-1706, § 9, 12-5-83; Ord. No. NS-1914, § 8, 6-15-87)

(a) The executive director of the public works agency or his designee may cause a bench or bus shelter to be removed and stored after expiration or revocation of the permit, or when a bench or bus shelter is placed or maintained in violation of any provision of this article or any requirements set forth in the permit, if the permit holder fails to remove or correct the same after ten (10) days notice thereof by mail.

(b) A bench or bus shelter which is placed on the street without a permit may be removed and stored.

(c) All of the foregoing shall be at the sole risk of the permit holder or owner and shall be in addition to any other remedy provided by law.

(d) The permit holder or owner may recover a bench or bus shelter which has been removed and stored during the time specified in Santa Ana Municipal Code section 2-705, by paying the actual cost of such removal and storage. Unclaimed benches or bus shelters may be disposed of pursuant to the applicable provisions of law.

(Ord. No. NS-1706, § 10, 12-5-83; Ord. No. NS-1914, § 9, 6-15-87)

Whenever a bench or bus shelter for which a permit has been issued is sold, or the title or control thereof assigned or transferred, the permit holder shall report such fact to the executive director of the public works agency or his designee within ten (10) days after such sale, transfer or assignment. The new owner of the bench or bus shelter shall, within such ten-day period, either remove the bench or bus shelter or obtain a permit for its maintenance.

(Ord. No. NS-1706, § 11, 12-5-83; Ord. No. NS-1914, § 10, 6-15-87)

(a) It shall be unlawful for any person, firm, corporation or association, to tamper with, injure, deface or commit acts of vandalism upon any bus bench or bus shelter lawfully upon a public way, pursuant to the provisions of this article.

(b) It shall be unlawful for any person to utilize by sleeping, laying or standing upon a bus bench or bus shelter during hours when the bus route is not in operation as stated in the posted sign announcing the bus route and the time of operations.

(Ord. No. NS-1706, § 12, 12-5-83; Ord. No. NS-3074, § 7, 1-21-25)

The executive director of the public works agency or his designee shall enforce the provisions of this article. In addition to removal of a bus bench or bus shelter as provided in section 33-111, fees for noncompliance with the terms and conditions of this article may be assessed by the executive director of the public works agency or his designee as established by resolution of the city council to defray the cost of enforcement and issuing notices concerning failure of permittee to meet and maintain required city standards.

(Ord. No. NS-1706, § 13, 12-5-83; Ord. No. NS-1914, § 11, 6-15-87)