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HomeMy WebLinkAboutNo 801 Courtesy Bench Ordinance ORDINANCE 801 Courtesy Bench Ordinance PURPOSE. The City Council finds that the placement of benches at or near mass-transit stops in the City provides a necessary service to the persons waiting for busses. The placement of such benches typically is on or near the public right-of-way, and can affect the safe flow of traffic. The City Council also finds that the location of such benches in residential districts can potentially interfere with the quiet enjoyment of adjoining property owners and residents. In light of these findings, the City Council enacts this Division to regulate and license courtesy benches in the City. DEFINITIONS. The following words and terms, when used in this Division, shall have the following meanings unless the context clearly indicates otherwise: Courtesy Bench-any bench or similar structure placed in the City on or adjacent to the public rights-of- way at or near mass-transit stops for the use of the general public. Issuing Authority-the City License Section City Engineer-the person appointed by the City Manager as engineer for the City or the engineer’s designee. LICENSE REQUIRED. No person, firm or corporation shall place or maintain any courtesy bench in the City without first obtaining a license pursuant to this Division. LICENSE APPLICATION. An application for a license pursuant to this Division shall request the following information: (a)The name of the applicant. (b)Whether the applicant is a natural person, partnership, corporation, or other association. (c)The address and telephone number of the applicant. (d)A detailed list showing the exact requested location of each proposed courtesy bench. (e)Evidence of the consent of the adjoining property owners or lessees within 100 feet of the proposed location of the courtesy bench if any of the adjoining property within 100 feet of the bench is zoned residential. LICENSE FEE. The fee for a license issued pursuant to this Division shall be as fixed by the City Council, by resolution, from time to time. LICENSE APPLICATION VERIFICATION AND CONSIDERATION. An application for a license pursuant to this Division shall be submitted to the Issuing Authority, which shall verify the information on the application form. The Issuing Authority shall then route the application to the City Engineer, who shall determine if the location of proposed benches would interfere with the traffic safety. If the City engineer finds no such traffic safety problems with the proposed locations, the Issuing Authority shall grant the license in accordance with this Division. If the application is denied, the Issuing Authority shall notify the applicant of the determination in writing. The notice shall be mailed by certified and regular mail to the applicant at the address provided in the application and it shall inform the applicant of the applicant’s right, within twenty (20) days after receipt of the notice by the applicant to request an appeal of the Issuing Authority’s determination to the City Council. If an appeal is timely received bythe Issuing Authority, the hearing before the City Council shall take place within a reasonable period of receipt of the appeal by the Issuing Authority. LICENSE RESTRICTIONS. (a)Transfer Prohibited. The license issued pursuant to this Division is for theperson or firm named on the approved license application. No transfer of a license shall be permitted from person to person without complying with the requirements of an original application. (b)Location of Benches. When a location is approved for a courtesy bench, the bench shall be installed parallel with the street and set back at a distance recommended by the City Engineer. (c)Number of Benches at One Location. There shall be no more than one (1) courtesy bench located at each approved site or within oneCity block. (d)Name on Benches. Each bench shall contain the name of the license and date of installation. (e)Maintenance of Benches. It shall be the duty of the licensee to maintain each bench at all times in a safe condition at its proper location. The licensee shall periodically inspect each bench in order that it is properly maintained. Courtesy benches shall be kept at all times in a neat, clean and usable condition. Snow and ice shall be removed from the benches and the vicinity thereof during the winter so as to be accessible at all times during the year. (f)Location of Advertising. No advertising shall be displayed on any courtesy bench except upon the front and rear surfaces of the backrest. No advertising shall display the words, “Stop”, “Look”, “Danger” or any other work, phrase or symbol that might interfere with, or distract traffic. (g)Relocation of Benches. The licensee shall notify the Issuing Authority of any benches moved from an approved location. Prior to any relocation to a new location, the licensee shall obtain the approval of the Issuing Authority. (h)Size of Bench. No bench shall be more than forty-two (42) inches high nor more than thirty (30) inches wide or seven (7) feet long overall. (i)Base Construction. There shall be a four foot by eight foot (4’ x 8’) slab placed under each bench as approved by the City Engineer. LICENSES AND PERMITS INDEMNITY BOND OR LIABILITY INSURANCE Before a license shall be issued, the applicant shall post or maintain with the Issuing Authority a bond or policy of public liability insurance approved by the City Attorney and conditioned substantially as follows: That the licensee will indemnify and save harmless the City, its officers, agents, and employees from any and all loss, costs, damages, expenses, orliability which may result from or arise out of the granting of such license or the installation or maintenance of such bench for which a license is issued, regardless of the point to which bench or benches may be moved within the City with or without the consent of the licensee and that the licensee 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. Such bond or policy of insurance shall be maintained in its original amount by the licensee at the licensee’s expense and at all times during the period for which the license is in effect. In the event that the applicant is issued a license for two (2) or more benches, one such bond or policy of insurance may be furnished to cover all of the applicant’s benches, and each bond or policy shall be of the type which coverage shall automatically be restored immediately after the occurrence of any accident or loss from which liability may thereafter accrue. The limit of liability upon any bond or policy of insurance so posted shall in no case be less than $25,000.00 for a loss, bodily injuries or death occurring to any one (1) person, or arising out of any one (1) accident. RENEWAL OF LICENSE. At least thirty (30) days prior to the expiration of any license, the licensee may make written application for renewal thereof, accompanied by the applicable license fee. Such application for renewal shall contain the information required in the original application. If the owner of the land or the lessee upon the premises abutting that portion of the street where the bench is located granted to the license holder the continuing right to maintain such bench, the application must so state and renewed consent shall not be required. SANCTIONS FOR LICENSE VIOLATIONS. (a)Suspension or Revocation. The City Council may suspend or revoke a license issued pursuant to this Division for a violation of: (1)Fraud, misrepresentation, or false statement contained in a license application or a renewal application. (2)Fraud, misrepresentation, or false statement made in the course of carrying on the licensed occupation or business. (3)Any violation of this Division or state law. (4)A licensee’s criminal conviction that is directly related tothe occupation or business licensed as defined by Minnesota Statutes, Section 364.03, subdivision 2, provided that the licensee cannot show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation or business as defined by Minnesota Statutes, Section 364.03, subdivision 3. (5)Conducting the licensed business or occupation in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the community. (b)Notice and Hearing. A revocation or suspension by the City Council shall be preceded by written notice to the licensee and a hearing. The notice shall give at least eight (8) days’ notice of the time and place of the hearing and shall state the nature of the nature of the charges against the licensee. The notice shall be mailed by regular and certified mail to the licensee at the most recent address listed on the license application. (c)Bench Removal. Upon the revocation or expiration of any license without renewal, if the licensee fails to promptly remove a bench, the City Engineer may do so on the expiration of ten (10) days after giving of such notice; at such time, the licensee’s rights to bench shall be forfeited, but such forfeiture shall not excuse licensee from the payment of the cost of removal and storage or destruction of said bench. PENALTY. Violation of any provision of this Division shall be a misdemeanor. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this Division is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Division. The City Council hereby declares that it would have adopted the Division in each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. Passed by the City Council of the City of Maplewood on December 13, 1999.