5.90 — PUBLIC BENCHES

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

(a) "Bench"

shall mean any seat located upon public property along any public way for the accommodation of passersby or persons awaiting transportation.

• (b) "City Manager"

shall mean the City Manager of the City of Santa Clara or his/her authorized representative.

• (c) "Street"

shall mean any public thoroughfare or way including sidewalks, parkways and any other public property bordering upon any public way.

(Ord. 1199 § 2, 11-19-1968; Formerly § 25-18)

No person shall install, erect or maintain any bench on public property of City except as authorized herein and without first obtaining a franchise therefor from the City Council. (Ord. 1199 § 2, 11-19-1968; Formerly § 25-19)

An applicant for a franchise shall file with the City Council an application stating:

• (a) The name of the applicant.

• (b) The purpose for which the franchise is desired.

• (c) The term for which the franchise is desired.

• (d) The amount or amounts applicant, if granted the franchise, proposes to pay to the City during the life of the franchise and any other terms and conditions that the applicant may desire so long as they are supplemental to and not inconsistent with those set forth in this chapter.

• (Ord. 1199 § 2, 11-19-1968; Formerly § 25-20)

• (a) Upon receipt of the application, the City Council may pass a resolution stating the character of the franchise, setting forth the notice of the date, hour and place when and where all persons having any objection to the granting thereof may appear before the City Council and be heard thereon, and directing the City Clerk to publish a notice thereof at least once within fifteen (15) days after the passage of the resolution in a newspaper of general circulation within the city.

• (b) The time fixed for the hearing shall be not less than twenty (20) nor more than sixty (60) days after the date of passage of the resolution.

• (Ord. 1199 § 2, 11-19-1968; Formerly § 25-21)

Nothing in this chapter shall make it mandatory for the Council to authorize publication of said notice. The Council may consider applicant's ability to carry out his/her proposal, its financial and business standing, experience and any other pertinent factors.

(Ord. 1199 § 2, 11-19-1968; Formerly § 25-22)

At the time set for the hearing, the City Council shall hear the application and the protests. The City Council may adjourn the hearing from time to time. Following the conclusion of the hearing, the City Council shall decide if the permit shall be granted. The decision of the City Council shall be final and conclusive. The permit shall be granted by resolution upon terms, conditions and restrictions as set forth in the application as the City Council deems are in the public interest, and upon such other terms, conditions and restrictions as the City Council deems are in the public interest and are not inconsistent with this chapter.

(Ord. 1199 § 2, 11-19-1968; Formerly § 25-23)

Any franchise granted under this chapter shall not become effective until the grantee files a written acceptance thereof with the City Clerk. It shall be for a term prescribed by the City Council unless sooner revoked.

(Ord. 1199 § 2, 11-19-1968; Formerly § 25-24)

Every sidewalk bench franchise granted under this chapter confers upon the grantee the right to erect, install, and maintain certain benches for the use of the public to be placed on public sidewalks at such places as the City Manager shall designate within the city in such a manner as not to unduly interfere in any way with the use of the sidewalk by pedestrians. Any permit granted under this chapter shall be revocable by the City without cause upon thirty (30) days' notice of such revocation.

Such rights shall not include the right to occupy any park, playground or other municipal property (exclusive of public thoroughfares), unless a special permit therefor shall be granted by the City Council.

(Ord. 1199 § 2, 11-19-1968; Formerly § 25-25)