Whittier Municipal Code Ch. 12.46 Bus Benches

No person shall place, construct or maintain a bus bench in any public right-of-way or on any other publicly owned or controlled real property (hereafter in this chapter, "right-of-way"). "Bus bench," for the purpose of this chapter, means a device which is made of wood, metal, concrete or a combination thereof, and is provided at or near designated bus stops for any transit system, in a right-of-way, which bus bench is designed for seating of persons who are waiting at a bus stop for the arrival of a public transit conveyance.

(Ord. 2442 § 2 (part), 1988)

The city council has heretofore determined that the location and placement of bus benches by any person, other than the city, in a right-of-way constitutes a public nuisance. The findings upon which such declaration of nuisance is based, are as described in Ordinance No. 2442, and in the staff report dated May 24, 1988, submitted to the city council at a regular meeting thereof held on June 21, 1988.

(Ord. 2442 § 2 (part), 1988)

The city manager shall cause written notice ("notice") of the provisions of this chapter to be given to any person who is known or believed to be the owner of, or the person entitled to possession of, any bus bench which is located in a right-of-way in the city. Such notices shall be given by personal service or by deposit in the custody of the United States Postal Service, or its successor, postage prepaid and addressed to such person at his/her last known address. Each notice shall indicate that the continued placement of a bus bench at the designated location constitutes a public nuisance and shall set a period of time, not in excess of thirty consecutive calendar days, during which such person shall abate the nuisance by causing the bus bench to which the notice relates to be physically removed from the right-of-way.

(Ord. 2442 § 2 (part), 1988)

(Ord. No. 3112, § 2, 2-25-20)

The city manager shall take the steps necessary to remove any bus bench which continues to be located in a right-of-way following the period of time given for its removal, as is set forth in the notice given pursuant to Section 12.46.030. Where a bus bench is removed by city forces, or a contractor designated by the city to perform such work, the bus bench, upon its removal, shall be disposed of in such manner as the city manager may deem appropriate, giving preference to the sale of the same for its salvage value, if any. All costs of bench removal shall be a proper charge against the person who owns the bench and/or the person who is entitled to possession thereof, and all such persons shall pay to the city all costs, including, but not limited to, administrative and legal costs incurred in such removal process, less any sums recovered by way of salvage value.

(Ord. 2442 § 2 (part), 1988)

Any person, other than the city, who violates any provision of this chapter by placing, maintaining, or continuing to place or maintain a bus bench in any right-of-way located within the city, after September 10, 1988, shall be deemed guilty of a misdemeanor and shall be punished in the manner prescribed by law therefor. Each calendar day during which a bus bench is placed or maintained contrary to the provisions of this chapter shall be deemed a separate offense.

(Ord. 2442 § 2 (part), 1988)

(Ord. No. 3120, § 30, 7-28-20)

Editor's note— Ord. No. 3120, § 31, adopted July 28, 2020, repealed § 12.46.060, which pertained to operative date of chapter and derived from Ord. 2442, § 2(part), adopted in 1988.