Temple City Municipal Code Art. C Umbrellas

As used in this article, the following terms shall be defined as set forth herein:

OWNER: Shall include the plural as well as the singular and shall include all forms of entity, including, but not limited to, corporations, partnerships, joint ventures, sole proprietorships, joint tenancies, tenants in common and community property.

UMBRELLA: A shade consisting of cotton or other fabric or of metal, extended on strips of metal or other material fastened to a pole or rod usually by pivots or hinges so as to allow for its being opened and closed with ease.

"Umbrella" shall be deemed to include the singular as well as the plural. (1960 Code)

Umbrellas may be installed upon city sidewalks in certain locations and zones only upon compliance with the provisions of this part. Furthermore, umbrellas may be installed only in zones C-1, C-2, and C-3 as established by this code. (1960 Code)

A license fee in the sum of five dollars ($5.00) for each umbrella shall be paid to the city clerk, which fee shall be paid prior to the installation of an umbrella. The license fee shall be valid only to the end of the fiscal year of the city of Temple City in which it is paid. License renewals must be paid within ten (10) days of the commencement of each fiscal year. (1960 Code)

No license shall be issued by the city clerk until the applicant for license has handed to the city clerk written proof of insurance, by an insurance company approved by the city attorney of coverage for the term of the license, which insurance coverage shall hold the city free and harmless from any loss, damage or liability resulting in any way from the installation of any umbrellas installed by the applicant, in an amount not less than two hundred fifty thousand dollars ($250,000.00) for injuries, including death, to any one person, and subject to the same limit for each person in an amount not less than five hundred thousand dollars ($500,000.00) on account of one accident and twenty five thousand dollars ($25,000.00) property damage. (1960 Code)

No permit shall be issued by the city clerk except to the owner of the real property most immediately adjacent to the sidewalk upon which the umbrella is to be located or to the owner of the business, but both the owner of the real property and the owner of the business shall execute an agreement with the city in such form as may be approved by the city council. (1960 Code)

The city manager shall have the following authority and duties:

A. The city manager shall set up administrative rules and regulations concerning the size, construction and installation of umbrellas, which administrative rules and regulations shall be directed to public safety.

B. All umbrellas shall be located upon sidewalks only at such locations as shall be approved by the city manager.

C. The city manager may cause to be removed any umbrella without notice if the city manager shall determine any umbrella to be dangerous to persons or property.

D. The city manager may cause to be removed any umbrella he shall deem unsightly or in need of repair after giving the licensee of the particular umbrella three (3) day notice in writing so to do and no correction of the particular umbrella having been made pursuant to the notice served. Such notice shall be in writing, sent by regular mail to the address appearing on the license for the particular umbrella. (1960 Code)

Title to any umbrellas removed under subsection 3-4C-5C or D of this article shall pass forthwith upon removal to the city. (1960 Code)

No words, lettering, writing or pictures or drawings of any kind shall appear on any umbrellas licensed in this code. (1960 Code)

All licenses issued under this article shall be issued subject to the right of the city of Temple City to terminate and cancel all licenses issued at any time upon a resolution adopted by the city council of the city of Temple City at a regularly called meeting which resolution shall declare and determine that the continued installation of the umbrellas is detrimental to the public health and well being of the people of Temple City. Each licensee shall be deemed to have notice of the provision whether stated upon the license or not and a finding by the city council that the umbrellas continued installation is detrimental to the public health shall be conclusive. (1960 Code)