Chapter 12.45


12.45.010    Definitions.

12.45.020    Permit – Required for each bench.

12.45.030    Permit – Application – Bench plans.

12.45.040    Consent of property owner.

12.45.050    Bench owner to sign permit application – Inspection fee.

12.45.060    Permit – Expiration – Renewal application and fee.

12.45.070    Transfer of bench ownership or title.

12.45.080    Permit – Grounds for denial.

12.45.090    Permit – Withdrawal of consent by property owner.

12.45.100    Permit – Cancellation after installation delay.

12.45.110    Permit – Protest of nearby property owner.

12.45.120    Distance of bench from curb.

12.45.130    Height and length of bench.

12.45.140    Bench to display name and permit number of permittee.

12.45.150    Maintenance of bench by permittee.

12.45.160    Location and space permitted advertising.

12.45.170    Use of words misleading to traffic.

12.45.180    Disposition of bench on revocation of permit – Recovery by permittee.

12.45.190    Enforcement.

12.45.200    Bond.

12.45.210    Schedule of liability limits for bonds and insurance policies.

12.45.010 Definitions.

(1) “Bench” means a seat located upon public property along any public thoroughfare for the accommodation of passersby or persons awaiting transportation.

(2) “Street” means any public thoroughfare including the sidewalk, the parkway and any other public property bordering upon a public thoroughfare. (Ord. 38-02 § 2 (12.32.010))

12.45.020 Permit – Required for each bench.

No person shall install or maintain any bench on any street without a permit therefor from the City Community Development Director. A separate permit must be obtained for each bench, which permit shall be valid only for the particular location specified thereon. (Amended at request of department 2/08; Ord. 38-02 § 2 (12.32.020))

12.45.030 Permit – Application – Bench plans.

(1) No bench permit shall be issued except upon written application, made upon a form prescribed by the Community Development Director, showing the proposed location of each bench, the advertising, if any, to appear thereon and such other information as the City may require.

(2) Detailed plans and specifications of each bench shall be supplied by the applicant. (Amended at request of department 2/08; Ord. 38-02 § 2 (12.32.030))

12.45.040 Consent of property 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 his consent to the installation and maintenance of the bench. (Ord. 38-02 § 2 (12.32.040))

12.45.050 Bench owner to sign permit application – Inspection fee.

Each application must be signed by the owner of the bench or benches for which permits are requested. (Ord. 38-02 § 2 (12.32.050))

12.45.060 Permit – Expiration – Renewal application and fee.

Each permit shall expire on July 1st next following the date of issuance unless renewed. Application for renewal must be made prior to the expiration date. (Ord. 38-02 § 2 (12.32.070))

12.45.070 Transfer of bench ownership or title.

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. (Ord. 38-02 § 2 (12.32.080))

12.45.080 Permit – Grounds for denial.

The application shall be denied if the City finds that the placement of the bench would tend to obstruct passage along any public thoroughfare or to create a hazard or would otherwise be detrimental to the public safety, welfare or convenience. (Ord. 38-02 § 2 (12.32.090))

12.45.090 Permit – Withdrawal of consent by property owner.

If the abutting owner withdraws his consent to the continued maintenance of the bench, and gives written notice thereof to the City, then at the expiration of the current term of the permit a renewal of the permit shall be denied. The Engineer shall inform the permittee of the receipt of such notice. (Ord. 38-02 § 2 (12.32.100))

12.45.100 Permit – Cancellation after installation delay.

Any permit issued under this chapter shall be cancelled and revoked if the permittee fails to install the bench within 60 days after the date of the issuance of the permit. (Ord. 38-02 § 2 (12.32.120))

12.45.110 Permit – Protest of nearby property owner.

The application shall be cancelled and denied, or the permit revoked, as the case may be, if 60 percent of the property owners or tenants living or having their place of business within 200 feet of the location of the bench or benches protest the same. (Ord. 38-02 § 2 (12.32.130))

12.45.120 Distance of bench from curb.

No permittee shall locate or maintain any bench at a point less than 24 inches from the face of the curb, and each bench must be kept parallel with the curb. (Ord. 38-02 § 2 (12.32.140))

12.45.130 Height and length of bench.

No bench shall be more than 42 inches high nor more than two feet, six inches wide, nor more than seven feet long, overall. (Ord. 38-02 § 2 (12.32.150))

12.45.140 Bench to display name and permit number of permittee.

Each bench must have displayed thereon, in a conspicuous place, the name of the permittee and the permit number. (Ord. 38-02 § 2 (12.32.160))

12.45.150 Maintenance of bench by permittee.

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. (Ord. 38-02 § 2 (12.32.170))

12.45.160 Location and space permitted advertising.

No advertising matter or sign shall be displayed upon any bench. No pictures or representations shall appear on any bench. (Ord. 38-02 § 2 (12.32.180))

12.45.170 Use of words misleading to traffic.

No 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. (Ord. 38-02 § 2 (12.32.190))

12.45.180 Disposition of bench on revocation of permit – Recovery by permittee.

After the revocation of any permit, the City may remove and store the bench if the permittee fails to do so within 10 days after notice. The permittee may recover the bench if, within 60 days after the removal, he pays the cost of such removal and storage. After 60 days the City may sell, destroy or otherwise dispose of the bench at his 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 chapter. (Ord. 38-02 § 2 (12.32.200))

12.45.190 Enforcement.

The City is authorized to enforce the provision of this chapter pursuant to the procedures set forth in CMC 1.30.060, 1.30.070 and 1.30.080. (Ord. 38-02 § 2 (12.32.220))

12.45.200 Bond.

No permit shall be issued unless the applicant posts and maintains with City of Covington a surety bond or policy of public liability insurance, approved by the Community Development Director and conditioned as hereinafter provided, that permittee will indemnify and save harmless the City of Covington, 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. 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. (Amended at request of department 2/08; Ord. 38-02 § 2 (12.32.230))

12.45.210 Schedule of liability limits for bonds and insurance policies.

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 $2,000,000 for bodily injuries to or death of one person. The permissible limit of liability for bodily injuries or death of more than one person shall depend upon the number of bench permits covered thereby. (Ord. 38-02 § 2 (12.32.240))