Chapter 12.20


12.20.010    Definitions.

12.20.020    Conformance required.

12.20.030    Franchise – Bidding.

12.20.040    Franchise – Fee.

12.20.050    Plan approved.

12.20.060    Franchise – Conditions.

12.20.070    Advertising standards.

12.20.080    Location approval.

12.20.090    Approval of property owner required.

12.20.100    Maintenance.

12.20.110    Removal.

12.20.120    Placement.

12.20.130    Insurance.

12.20.140    Performance bond.

12.20.150    Franchise – Acceptance.

12.20.160    Franchise – Default.

12.20.170    Inspection of books.

12.20.180    Zoning and sign code exemption.

12.20.190    Defacing benches prohibited.

12.20.200    Penalty for violation.

12.20.010 Definitions.

A. “Bench” means a seat located upon public property along the public way for the accommodation of passers by or persons awaiting transportation.

B. “Quarterly period” means a period of three consecutive months. The quarters begin on the first day of January, April, July and October of each year.

C. “Street” means any public thoroughfare or way including the sidewalk, the parkway and other public property fronting upon a public way. (Ord. 140 § l, 1960)

12.20.020 Conformance required.

No person shall install or maintain any bench upon any street in the city except in accordance with the provisions of this chapter. (Ord. 140 § 2, 1960)

12.20.030 Franchise – Bidding.

The exclusive franchise for the right, privilege and permission to place, construct and maintain benches with advertising thereon at designated locations on the streets and sidewalks in the city shall be granted by the city council by appropriate resolution therefor, for the term of five years from and after the effective date of such resolution, to the person, firm or corporation who makes and tenders to the city the highest and best bid for such exclusive franchise, and upon said bid being accepted by the city council, which bid shall be made and tendered pursuant to notice and call for bids issued by the city clerk, the specifications for which shall be each and every term, condition and requirement under and pursuant to this chapter. (Ord. 140 § 3, 1960)

12.20.040 Franchise – Fee.

For the privilege granted in this chapter, the grantee shall pay to the city the amount per quarter per bench installed and in place, as specified in the bid made and tendered to the city council and so accepted by the city council and as set forth and described in appropriate resolution by the city council granting said exclusive franchise to the highest and best bidder. No later than the tenth day of the month following the close of each quarterly period, the grantee shall submit a report to the city clerk stating the total number of benches on location on the last day of the preceding month and the number installed during the preceding quarterly period. The fee shall be paid according to the number of benches in place on the last day of the month of the quarterly period, whether or not there is advertising thereon, and shall be paid on or before the tenth day of the month following the close of the quarterly period. Such payments shall be in lieu of payment to the city of any other license fees required to be paid under and pursuant to the business license ordinance of the city. (Ord. 140 § 4, 1960)

12.20.050 Plan approved.

No work shall be commenced under the provisions of any franchise granted hereunder until plans and specifications have been filed with and approved by the superintendent of streets, and until a map showing the precise location of the benches proposed to be installed shall be filed with the superintendent of streets, and until the insurance policy and performance bond required pursuant to the provision hereinafter contained in this chapter respectively shall be filed with the city clerk. After complying with the provisions of this section, the grantee of such franchise shall be required to place and install not less than ten benches within ninety days after being awarded the franchise by appropriate resolution. Thereafter, the grantee shall maintain a minimum of ten benches in place during the term of any franchise awarded under and pursuant to these specifications and this chapter. (Ord. 149 § l, 1960; Ord. 140 § 5, 1960)

12.20.060 Franchise – Conditions.

The franchise shall be granted upon and subject to each and all of the conditions set forth in this chapter. (Ord. 140 § 6, 1960)

12.20.070 Advertising standards.

No advertising matter or sign whatever shall be displayed upon any bench except upon the front and rear surface of the backrest and not more than seventy-five percent of each such surface shall be used. No advertisement or sign on any bench shall display the words “stop,” “look,” “drive-in,” “danger” or any other word, phrase, symbol or character that might interfere with, mislead or distract traffic. The city may require bus schedules to be placed on any bus bench. Commercial advertising shall not be placed on any bench where such advertising is prohibited by the laws of the city. No advertising which does not meet with the approval of the superintendent of streets shall be placed or maintained on any of said benches. Bus schedules shall be of a maximum size of nine inches by twelve inches and shall be placed on the front of the bench back. (Ord. 140 § 7, 1960)

12.20.080 Location approval.

A. Benches shall be placed only in locations approved by the superintendent of streets. The benches contemplated are designed for the convenience of those using the buses in the city and shall be placed upon the streets traversed by any holder of any bus franchise in the city. The benches may not be installed at any place except public carrier stops except with the express approval of the superintendent of streets.

B. No bench shall be installed or maintained:

1. In any alley;

2. At any location where the distance from the face of the curb to the property line is less than eight feet; provided, however, that whenever, in the opinion of the superintendent of streets, observance of this requirement may be waived by the superintendent of streets, and provided further however, that at any location where the distance from the face of the curb to the property line is less than ten feet, the bench must be located to the rear of the sidewalk or adjacent to the property line. (Ord. 140 § 8, 1960)

12.20.090 Approval of property owner required.

No bench shall be placed against the desire of the owner or his or her representative and the 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, or their representatives. Such persons may veto the placing of the bench by written request to the superintendent of streets. If there is a change in the ownership of the property abutting the bench, the grantee shall not maintain the bench against the desire of the new owner. (Ord. 140 § 9, 1960)

12.20.100 Maintenance.

All benches must be cleaned regularly and when needed and must be maintained in good repair in a safe and sightly condition. The superintendent of streets’ decision as to the state of repair and condition shall be conclusive. Grantee shall inspect each bench periodically to assure full compliance with the provisions of this section. (Ord. 140 § 10, 1960)

12.20.110 Removal.

No bench after being installed on the streets or sidewalks of the city shall be removed from said street or other place by the grantee during the term of the franchise except with the consent of the superintendent of streets. The superintendent of streets may, for a cause considered by him or her reasonable, order the grantee to remove any bench. When the superintendent of streets orders the bench removed, the grantee shall remove it within thirty days at his or her own expense. If he or she fails to do so, the superintendent of streets may order the removal of the bench, and destroy or sell it at his or her discretion, and may, in addition, bill grantee for the removal or destruction in a sum not in excess of five dollars per bench. (Ord. 140 § 11, 1960)

12.20.120 Placement.

Subject to the provisions of Section 12.20.080 (B)(2), the front of all benches shall be placed not less than eighteen inches nor more than thirty inches from the curbline and parallel thereto. No bench shall seat fewer than four people. No bench shall be placed so as to injuriously obstruct passage on the sidewalk or street. No bench shall be placed within fifteen feet of any fire hydrant. No bench shall be more than forty-two inches high nor more than thirty inches wide, nor more than eight feet long. (Ord. 140 § 12, 1960)

12.20.130 Insurance.

The grantee shall save the city harmless from any and all claims of damage to any person or property arising from the installation, maintenance or existence of the benches. The grantee shall carry public liability insurance, said insurance policy shall name the city as additional insured and shall be filed with the city clerk and shall be maintained throughout the existence of the franchise. The insurance policy shall insure the city against loss or liability for injury to, or death of, any person, or damage to property growing out of the installation or maintenance or existence of any bench to the amount or limit of fifty thousand dollars on account of injury to or death of any one person and subject to the same limit as respects injury to or death of any one person, one hundred thousand dollars on account of any one accident resulting in injury to or death of more than one person, and five thousand dollars damage to property of others, resulting from any one accident. (Ord. 140 § 13, 1960)

12.20.140 Performance bond.

The grantee shall post a performance bond in the sum of one thousand dollars guaranteeing its performance of the conditions of the permit and stating that the said sum of one thousand dollars shall be forfeited to the city as liquidated damages in the event that the grantee fails to perform the conditions of its franchise. Said bond shall be furnished by a surety company authorized to do business in the state and shall be approved by the city attorney. (Ord. 140 § 14, 1960)

12.20.150 Franchise – Acceptance.

Grantee shall be required to file in the office of the city clerk an acceptance in writing of the provisions of the franchise and shall agree to perform all the conditions thereof. Said acceptance in writing shall be filed on or before ten days following the adoption of the resolution granting the franchise. (Ord. 140 § 15, 1960)

12.20.160 Franchise – Default.

In the event that either party fails or neglects to do or perform each and all of the terms and conditions of the franchise on his or her or its part to be performed, the aggrieved party may give the party in default thirty days’ written notice to correct the conditions in default, and if the party in default refuses or neglects to make such corrections within the thirty-day period, the aggrieved party may terminate the franchise. Should grantee default, it will remove all benches within thirty days of the termination of the franchise if requested to do so by the city. (Ord. 140 § 16, 1960)

12.20.170 Inspection of books.

The city shall have the right at all reasonable times to examine all books, papers and records of the grantee for the purpose of verifying the statements or reports required and for any other purpose whatsoever connected with the franchise. (Ord. 140 § 17, 1960)

12.20.180 Zoning and sign code exemption.

The provisions of the zoning ordinance of the city and the provisions of the Uniform Sign Code of the city with respect to the regulations of signs shall not be applicable with respect to the construction and maintenance of benches with advertising thereon under any franchise granted pursuant to this chapter. (Ord. 140 § 18, 1960)

12.20.190 Defacing benches prohibited.

No person may tamper with or deface any bench placed under the franchise granted by this chapter. (Ord. 140 § 19, 1960)

12.20.200 Penalty for violation.

It is unlawful for any person to violate the provisions of Section 12.20.190, or to cause, permit or suffer the same to be done; and any person who does shall be deemed guilty of a misdemeanor, and upon conviction of any such violation, such person shall be punishable by a fine of not more than five hundred dollars or by imprisonment in the county jail for not more than sixty days or by both such fine and imprisonment. (Ord. 140 § 20, 1960)