Ventura Municipal Code Ch. 18.150 Street Benches

The following regulations shall apply to bench advertising:

A. Definitions. “Bench” is a seat located upon a public street for the accommodation of passersby or persons awaiting transportation. “Street” is any public thoroughfare or way, including the sidewalk, the parkway and any other public property bordering upon a public way.

B. Where Prohibited. No person shall install or maintain any bench: (1) in any alley; (2) at any location where the distance from the face of the curb to the property line is less than 10 feet; (3) at any place except an existing passenger bus stop.

C. Permits.

1. Required. No person shall install or maintain any bench on any street without a permit therefor from the manager. Not more than one permit shall be issued for any one location. A separate permit must be obtained for each bench, which permit shall be valid only for a particular location specified thereon.

2. Application for Permit. No bench permit shall be issued except upon application, made upon a form prescribed by the manager, showing the proposed location of each bench, the advertising, if any, to appear thereon, and such other information as the manager may require.

a. Plans. Detailed plans and specifications of each bench shall be supplied by the applicant.

b. Consent of Owner. Each application must be accompanied by a writing signed by the owner or person in lawful possession or control of the property abutting upon the public street at the place where the bench is proposed to be located, giving their consent to the installation and maintenance of the bench.

c. Signature. Each application must be signed by the owner of the bench or benches for which permits are requested and must be accompanied by an inspection fee of $1.00 for each such bench.

d. Fee per Bench. If the application be granted, an additional fee of $1.00 shall be collected for each bench for which a permit is issued, to be collected at the time of the issuance of the permit.

3. Expiration. Each permit shall expire on June 30th next following the date of issuance unless renewed. A fee of $1.00 for each bench shall be charged for each annual renewal of the permit. Application for renewal must be made prior to the expiration date, and must be accompanied by the renewal fee.

4. Transfer. 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.

5. Denial and Revocation. The application shall be denied if the manager shall find that the maintenance of the bench would tend to obstruct passage along any public way or to create a hazard or would otherwise be detrimental to the public safety, welfare or convenience.

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

b. Withdrawal of Consent. If the abutting owner withdraws their consent to the continued maintenance of the bench and gives written notice thereof to the manager, then, at the expiration of the current term of the permit, a renewal of the permit shall be denied. The manager shall inform the permittee of the receipt of such notice.

c. Failure to Deposit Fee. The application shall be canceled and denied if the applicant fails to deposit the annual fee and accept the permit within 10 days after notice of the approval of the application by the manager.

d. Failure to Install. Any permit issued under this section shall be canceled and revoked if the permittee fails to install the bench within 60 days after the date of the issuance of the permit.

e. Property Owners’ Protest. The application shall be canceled and denied, or the permit revoked, as the case may be, if 60 percent of the property owners and/or tenants living or having their place of business within 200 feet of the location of said bench protest the same.

6. Refund. No fee paid pursuant to this section shall be refunded in the event the application is denied or the permit revoked, except that when for any cause beyond the control of the permittee the permit is revoked within 60 days after the date of the issuance or last renewal thereof, the $1.00 fee therefor for the current year may be refunded to the permittee upon written demand filed within six months after the date of the revocation by the council.

D. Installation and Maintenance.

1. Location. No permittee shall locate or maintain any bench at a point less than 18 inches or more than 30 inches from the face of the curb, and each bench must be kept parallel with the curb.

2. Size. No bench shall be more than 42 inches high nor more than two feet, six inches wide, nor more than seven feet long overall.

3. Display of Number. Each bench must have displayed thereon in a conspicuous place the name of the permittee and the permit number.

4. Safe Condition. 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.

E. Advertising.

1. Location. No advertising matter or sign whatever shall be displayed upon any bench except upon the front and rear surfaces of the backrest, and not more than 75 percent of each such surface shall be so used. No pictures or representations in irregular contour shall appear on any such bench. All advertising shall be subject to the approval of the manager.

2. Prohibition. No advertisement or sign on any bench shall display the words “Stop,” “Look,” “Drive In,” “Danger,” or any other word, phrase, symbol or character calculated to interfere with, mislead or distract traffic.

F. Removal.

1. Manager to Remove. After the revocation of any permit, the manager may remove and store the bench, if the permittee fails to do so within 10 days after being given written notice so to do.

2. Recovery. The permittee may recover the bench if, within 60 days after the removal, the permittee pays the cost of such removal and storage, which shall not exceed $2.00 for the removal and $5.00 a month for storage for each such bench. After 60 days the manager may sell, destroy or otherwise dispose of the bench at the manager’s discretion. 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 section.

G. Bond or Insurance.

1. Required. No permit shall be issued pursuant to this section unless the applicant shall post and maintain with the clerk a surety bond or policy of public liability and property damage insurance, approved by the manager and conditioned as hereinafter provided.

2. Conditions. 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 permit is issued, and that the permittee will pay any and all loss or damages 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 their expense at all times during the period for which the permit is in effect. In the event that two or more permits are issued to one permittee, one such bond or policy of insurance may 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.

3. Limit of Liability. The limit of liability upon any bond or policy of insurance posted pursuant to the requirements of this section shall in no case be less than $5,000 for bodily injuries to or death of one person and not less than $2,000 for property damage. The permissible limit of liability for bodily injuries or death of more than one person or for property damage shall depend upon the number of bench permits covered thereby and shall not be less than the amount specified in the following schedule:

H. Enforcement. The superintendent of streets shall enforce the provisions of this section and shall have complete authority over the installation and maintenance of benches, subject to the provisions of this section. (Code 1971, § 2211)