Signal Hill Municipal Code Ch. 12.12 Street Benches

For the purpose of this chapter, certain terms, phrases, and words shall be construed as set out in this section.

A. "Bench" means a seat located upon public property along any public street for the accommodation of passersby or persons awaiting transportation.

B. "Bureau" means the street superintendent of the city.

C. "Street" means any public thoroughfare or way, including the curb, sidewalk, and parkway.

(Prior code § 12.12.010 (Ord. 380 § 1, 1953))

No person shall install or maintain any bench on any street without a permit therefor from the bureau. Each such permit shall expire with the first day of January next following its issuance.

(Prior code § 12.12.030 (Ord. 380 § 3, 1953))

A. No bench permit shall be issued except upon written application on a form prescribed by the bureau. Such application shall describe the location of each bench; the use of the property abutting upon such location; the name of the owner, tenant, or person in lawful possession of such property and his address; the type, design, and dimensions of the bench; the advertising proposed to be displayed thereon; and such other information as the bureau may require. A permit may be renewed for the succeeding calendar year upon the payment in advance of the prescribed fee and compliance with the provisions of this chapter.

B. For each bench upon which advertising is displayed, the permittee shall pay in advance a fee of one dollar and fifty cents for the quarter of the calendar year during which such permit is issued, plus the same amount for each remaining quarter of that calendar year. The permittee shall pay in advance the sum of six dollars for the renewal of a permit for any such bench.

C. Whenever a bench for which a permit has been issued is sold or title or control thereof assigned or transferred, a new permit must be obtained for its maintenance.

(Prior code § 12.12. 040 (Ord. 380 § 4, 1953) )

If all the particulars contained in the application are approved by the bureau, a bench permit may be issued, provided that:

A. No permit shall be issued if the owner, tenant, or person in lawful possession of the property files written objection to the maintenance of a bench at such location; and

B. No permit shall be issued if the bureau finds that the maintenance of the bench 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.

(Prior code § 12.12. 050 (A) (Ord. 380 § 5 (a) -- (c), 1953))

A. Any permit shall be revoked if the bureau determines that the maintenance of the bench obstructs passage along any public street or creates a hazard or is otherwise detrimental to the public safety, welfare, or convenience.

B. Any permit may be revoked or renewal thereof denied for any violation of any of the provisions of this chapter, for any fraud or misrepresentation in the application, or for any reason which would have been ground for denial of the application.

C. If the owner, tenant, or person in lawful possession or control of the property abutting upon the public street at the place where the bench is located objects to the maintenance of the bench at such place, and gives written notice thereof to the bureau, the permit for the bench shall be revoked.

D. The application may be cancelled or denied if the applicant fails to deposit the quarterly fee and accept the permit within ten days after notice of the approval of the application by the bureau.

E. Any permit issued under this chapter shall be subject to cancellation and revocation if the permittee fails to install the bench within thirty days after the date of issuance of the permit.

F. The bureau is authorized and it shall be its duty to revoke a permit for the location of any bench in the event the permittee violates any of the provisions of this chapter, any regulation of the bureau made pursuant thereto, or for any other cause for revocation specified in this chapter. Any such permit revoked by the bureau shall be subject to ratification by the city council in its next regular meeting.

(Prior code § 12.12.050(B--G) (Ord. 380 § 5(d)--(i), 1953))

No fee paid pursuant to this chapter shall be refunded in the event the permit is revoked, except that when, for any cause beyond the control of the permittee, a permit is revoked within fifteen days after the date of the issuance or last renewal thereof.

(Prior code § 12.12.100 (Ord. 380 § 10, 1953))

A. No permit shall be issued pursuant to this chapter unless the applicant posts and maintains with the bureau a surety bond or policy of public liability insurance and conditioned as provided in this chapter. Each such bond or policy or insurance shall be approved as to sufficiency by the city council and as to the form thereof by the city attorney.

B. The bond or policy shall be conditioned that the permittee will indemnify and save harmless the city, its officers and employees, from any and all loss, costs, damages, expenses, or liability which may result from or arise out of the granting of the permit or the installation or maintenance of the 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 bond or policy of insurance shall be maintained in its original amount by the permittee at his expense at all times during the period for which the permit is in effect.

C. In the event that two or more permits are issued to one permittee, one such bond or policy of insurance may be furnished to cover two or more benches, and each bond or policy shall be of such a type that its coverage shall be automatically restored immediately from and after the time of the reporting of any accident from which liability may thereafter accrue.

(Prior code § 12.12.110 (Ord. 380 § 11, 1953))

The limit of liability upon any bond or policy of insurance, posted pursuant to the requirements of this chapter shall in no case be less than ten thousand dollars for bodily injuries to or death of one person and twenty thousand dollars for bodily injuries to or death of two or more persons in any one accident and shall in no case be less than one thousand dollars for damage to property.

(Prior code § 12.12.120 (Ord. 380 § 12, 1953))

No person shall install or maintain any bench in any of the following locations:

A. In any street except where a curb separating pedestrian from vehicular traffic is provided, and excepting a street constructed solely for pedestrian traffic where vehicular traffic is prohibited;

B. In any alley;

C. At any location where the distance from the face of the curb to the property line is less than five feet;

D. At any location distant more than eighty feet from the nearest intersecting street; provided, that whenever in the opinion of the bureau observance of this requirement would result in inconvenience or hardship, the requirement may be waived by the bureau.

(Prior code § 12.12.020 (Ord. 380 § 2, 1953))

A. No permittee shall locate or maintain any bench at a point less than sixteen inches from the face of the curb, and each bench must be kept parallel with the curb.

B. No bench shall be more than forty-two inches high, nor more than two feet, six inches wide, nor more than seven feet long overall and the minimum weight for any bench shall be two hundred seventy-five pounds.

C. Each bench must have displayed thereon, in a visible place, a small identification marker giving the name of the owner or permittee, his address, and the serial number of the bench.

D. It shall be the duty of the permittee to maintain each bench at all times in a safe condition and at its proper and lawful location and to inspect each bench periodically.

(Prior code § 12.12.060 (Ord. 380 § 6, 1953))

A. All advertising shall be subject to the approval of the bureau.

B. No advertisement or sign on any bench shall display the words "stop," "look," "detour," "danger," or any other word, phrase, symbol, diagram, character, or device of whatsoever nature, the effect of which would be to interfere with, mislead, or distract traffic.

(Prior code § 12.12.070 (Ord. 380 § 7, 1953))

The bureau shall enforce the provisions of this chapter and shall have complete authority over the installation and maintenance of benches, subject to the provisions of this chapter.

(Prior code § 12.12.090 (Ord. 380 § 9, 1953))

A. The bureau shall, in the event a permit has been revoked, cause such bench to be removed and stored if the permittee fails to do so within seven days after notice of such revocation.

B. The permittee may recover the bench if, within sixty days after such removal, he pays the cost of such removal and storage, which shall not exceed five dollars for removal and five dollars a month for storage for each such bench. After sixty days, any bench so removed shall become the property of the city. All of the foregoing shall be at the sole risk of the permittee, and shall be in addition to any other remedy provided by law for the violation of this chapter.

(Prior code § 12.12.080 (Ord. 380 § 8, 1953))

The penalty for the violation of any provision of this chapter shall be as provided in Chapter 1.16.

(Ord. 586 § D (part), 1966: prior code § 12.12.130 (Ord. 380 § 13, 1953))