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Home My Public Portal AboutOrdinance 63-1111 FOLLOWS: 1 1 ORDINANCE NO, 63 -111 AN ORDINANCE OF THE CITY OF TEMPLE CITY AMENDING THE MUNICIPAL CODE BY- ADDING PROVISIONS ESTABLISHING CER- TAIN REGULATIONS WITH REFERENCE TO BENCHES IN PUBLIC STREETS THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN AS SECTION 1. Sections 3913 through 3925 are hereby added to the Temple City Municipal Code to read as follows: "Section 3913 Street Benches - Definitions. (a) "Bench ", a seat located upon public property along any public way for the accomodation of passersby or persons awaiting transportation. (b) "Streets ", any public thoroughfare or way including - the sidewalk, the parkway and any other public prop- erty bordering upon a public way. "Section 3914 Street Benches - Permit Required. No person shall place, install or maintain any bench on any street within the City of Temple City, without first obtaining a -- written permit therefor from the City. A separate permit shall be ob- tained for each bench, which permit shall be valid only for the parti- cular locations specified thereon. There shall; not be more than two benches at any one location. "Section 3915 Street Benches - Application for Permit. Application for permit must be submitted in writing to the City for each bench and must show: 1. the name and address of the applicant, 2. the location where the bench is to be placed, 3. a description of the bench showing its type, general dimensions, and material construction, 4. a description of the advertising, if any, to appear thereon. "Section 3916 Street Benches - Priority of Application. Applications will be processed by the City on a first -come basis. When two or more applications for the same location are re- ceived at the same time, the one with the earliest postmark will be honored, unless an application has been filed with a prior time stamp at the City Hall. "Section 3917 Street Benches - Construction, Every street bench shall not be more than & ft. in length, or more than 42 inches high, and must be of sturdy, safe construction approved by the City Engineer. "Section 3918 Street Benches - Limitation of Advertising. No advertisement sign, printing, --or writing on any street bench shall display "Stop" "Look ", "Drive -In" or any other word, symbol or device calculated to interfere with, mislead or distract traffic. "Section 3919 Street Benches - License Fee. Upon granting of any application, a fee of $3.00 shall be collected at the time of the issuance of the permit by the City License Collector. 289 Ordinance No. 63 -111, page 2 Each permit and each renewal permit shall be required on December 31 next following the date of its issuance. If the renewal is granted, a fee of $3.00 for each bench shall be charged and must be paid for each renewal of the permit. Application for renewal must be made 'prior to the expiration date of permit, and must be accompanied by the required renewal fee or fees. "Section 3920 Street Benches - Movin• Prohibited Inspection an. Safety Required No permittee shall locate or maintain any bench at a point or location other than that specified therefor in the permit for such bench. 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 loca- tion. "Section 3921 Street Benches - Removal and Recovery (a) Any bench installed without a permit shall be removed by the City. (b) After the revocation of any permit, the City may order the removal and storage of the bench, if the permittee fails to do so within 10 days after notice. (c) The permittee may recover the bench, if within 60 days after the removal he pays the cost of such removal and storage, which shall not exceed $2.00 for removal and $5.00 a month for storage, for each such bench. After 60 days, the City Council may sell, destroy or otherwise dispose of the bench at its discretion. All of the fore- going 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. "Section 3922 Street Benches - Bond or Insurance Policy (a) No permit shall be issued pursuant to the section unless the applicant shall post and maintain with the City License Collector a surety bond or policy of public liability insurance, approved by the City Attorney and conditioned as hereinafter provided. (b) The bond or policy shall be conditioned that the per - mittee shall indemnify and save the City of Temple 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 the permit is issued and that the permittee shall 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 insur- ance may be furnished to cover two or more benches, and each bond or policy shall be of such 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. (c) The limit of liability upon any bond or policy of in- surance, posted pursuant to the requirements of this Ordinance, shall in no case be less than $50,000, for bodily injuries to or death of one person, nor less than $10,000. for property damage. The permissib; limit of liability for bodily injuries or death of more than one per- son shall depend upon the number of bench permits covered thereby and shall not be less than the amount specified in the following schedule: 290 1 1 Ordinance No. 63 -111, page 3 No. of Bench Permits 2 to 10 10 or more Limit of Public Liabilities $100,000.00 200,000.00 Property Damage $10,000,00 20,000.00 "Section 3923 Street Benches - Permit Index File The Street Superintendent shall keep and maintain an index file of all permits granted or renewed under the provision of this ordinance and furnish the City License Collector a copy of all permits granted or renewed under the provisions of this ordinance. "Section 3924 Street Benches - Enforcement. The Street Superintendent and Sheriff of Los Angeles County as the City's law enforcement agency, shall enforce the provisions of this ordinance. The Street Superintendent shall make annual surveys as to the condition of all such benches hereunder permitted, "Section 3925 Street Benches - Penalty. Any person, firm, association or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misal,r demeanor, and upon conviction thereof shall be punishable by a fine of not to exceed $500.00, or by imprisonment in the City or County - Jail for not to exceed six months, or by both such fine and imprison- ment." SECTION 2. That the City Clerk shall certify to the adop- tion of this Ordinance, and shall cause the same to be published once in the Temple City times, a newspaper of general circulation. PASSED AND ADOPTED by the City Council of the City of Temple City, on September 9, 1963, by the following roll call vote: AYES: Councilmen= Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen - -None ABSENT: Councilmen -None ATTEST: 'ayor City er I, William Woollett, Jr., City Clerk of the City of Temple City hereby certify that the foregoing Ordinance was adopted by the City Council of the City of Temple City, at a regular meeting of the City Council held on the 9th day of September, 1963, by the following roll call vote: AYES: Councilmen =Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker NOES: Councilmen --None ABSENT: Councilmen -None J City Clerk ofte City o City, California emple 291