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HomeMy Public PortalAboutOrd. 0649ORDINANCE N0. 649 AN ORDINANCE OF THE CITY OF LYNWOOD TO PROVIDE FOR THE REGULATION OF THE INSTALLATION AND MAINTENANCE OF BENCHES ALONG THE PUBLIC WAYS, USED FOR PUBLIC CONVENIENCE AND FOR ADVERTISING PURPOSES, The City Council of the City of Lynwood. does ordain as follows: Section l: Definitions. (a) "Bench" a seat located. upon public property along any public way for the accommodation of passersby or persons awaiting transportation. (b) "Street" any public thoroughfare or way, including the sidewalk, the parkway, and. any other public property bordering upon a public way. Section 2: Benches--Where Prohibited., No person shall install or maintain any bench: 1. Within an "R" zone as the same is defined. by City Ordinance No. 570, provided. that whenever, in the opinion of the City Council, observance of this requirement would. result in inconvenience or hardship, this requirement may be waived. by the City Council. 2. In any alley. 3. 'At any location where the space available to pedestrian traffic is less than twelve (12) feet in width. 4. At any place except in existing railway stop or passenger bus stop, provided. that whenever, in the opinion of the City Council, 1' the convenience of the public would. be serve d. by permitting the estab- lishment and maintenance of a bench as a "rest stop" at another place, observance of this requirement may be waived. by the City Council. Section 3: Permit Required from Building Inspector. No person shall install or maintain any bench on any street without a permit from the Building Inspector. A separate permit shall be obtained for each bench, which permit shall be valid. only for a particular location specified. therein. Each permit shall bear a separate number and. not more than two (2) permits shall be issued. for a.ny one location. When bus stop changes are authorized. by the Chief o£ Police, the permit and: bench may be transferred. to another location a.t the same intersection upon the payment of a transfer fee. When ..the bus stop is moved on a. temporary basis, the permit and. bench mazy be trans- ferred. to another location at the same intersection without the pay- ment of an additional fee or permit, on condition that the bench and. permit be restored. to its original location as soon .as practicable. The Building Inspector shall be notified. of such change. Section 4: Application for Permit--Fees--Renewal. (a) No bench permit shall be issued. except upon written application made upon a form prescribed. by the Building Inspector, showing the proposed. location of each bench, the advertising, if any, to appear thereon, and. such other information as the Building Inspector may require) (b) Detailed. plan and specifications of each bench shall be supplied by the applicant. ~ (c) Each application for an original permit or a relocation permit shall be accompanied. by an affidavit of the applicant reciting that the applicant has caused 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 to be personally served. with a notice on a. form prescribed. by the Building Inspector that the appli- cant will file an_`;application for a permit. The form prescribed. by the Building Inspector shall contain a statement thereon that the per- son receiving such notice may object to the location of the bench. (d) Each application must be signed. by the owner of the bench or benches for which permits are requested., and must be accom- panied. by an inspection fee of $1.00 for each such bench. (e) If the application be granted., an additional fee of $2.00 shall be collected for each bench for which a permit is issued., -2- to be collected. at the time of the issuance of the permit. (f) Each permit shall expire on July 1 next following the date of issuance unless renewed.. A fae of $3.00 for each bench shall be charge d. for each annual renewal of the permit. Application for renewal must be made prior to the exp;ra ion date, and. must be accompanied- by the renewal fee. (g) 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. (h) Any permittee desiring to permanently change the location in accordance with the provisions of Section 3 shall pay a' fee of $10.00 for each such transfer of location. Section 5: Permits--Denial--Revocation, (a) The application shall be denied. if the Building Inspector shall find. that the maintenance of the bench would. tend. to obstruct passage along a.ny public way or create a hazard. or would. otherwise be detrimental to public safety, welfare, or .convenience. (b) Any permit may be revoked or renewal thereof denied. for any biolation of the provisions of this section, for any fraud. or misrepresentation in the application, or for any reason which would. have been ground. for denial of the application. (c) If the owner, tenant, or person in lawful possession or control of the property abutting upon the street at the place where the bench ;s to be located. shall object to the maintenance of the bench, and. gives written notice thereof to the Building Inspector at any time before or within 90 days from the date the permit is issued., the permit shall ben denied or revoked., If such written notice is received. by the Building Inspector after 90 days from the date of the permit, the permit shall not be revoked., but renewal thereof shall be denied. on the next renewal date. (d.) The application shall be canceled. and. denied. if the applicant fails to deposit the annual fee and accept the permit within. 10 days after notice of the approval of the application by the Building -3- Inspector. (e) Any permit issued under this section shall be canceled. and revoked. if the permittee fails to install the bench within 60 days after the date of the issuance of the permit. (f) The application shall be canceled. and denied., or the permit revoked., as the case may be, if 60 per cent of the property owners and/or tenants living or having their place of business within 200 feet of the location of said- bench or benches protest the same. Section 6: .Lawful Installa-tion and Maintenance. (a) No permittee shall locate or maintain any bench at a point less than 18 inches or more than 30 inches from the face of the curb, and. each bench must be kept parallel with the curb. (b) No bench shall be more than 42 inches high nor more than 2 feet, 6 inches wide, nor more than 7 feet long, over all. (c) Eaeh bench must have displayed thereon, in a conspicuous place, the name of the permittee and the permit number. (d) Such benches shall be installed. on a concrete slab not less than 4 inches in thickness and such slab shall extend. not less than 6 inches in all dimensions from the base area. of such bench, unless paved. area. is provided by sidewalk at permitted location. (e~ ~'""'~ `'~"~'~ -~~~-a~-di-s-p3-eyed-t-Y~reieen;rn-a-et~ris~s2-et~<rtts- }9~'8'C"P-t-~'if."-n'8ii3@-C~rfe-p'c3ni ' 'rr~'Yid-t-h'~-j3£~1313''~T3tittiA'E'T' . (£~) 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. Section 7; Benches--Advertising and. Signs. (a) No advertising matter or sign whatever shall be d-isplayed upon any bench except upon the front and. rear surfaces of the backrest, and not more than 75 per cent of each such surface shall be so used.. No picture or representations in irregular contour shall appear on any such bench. All advertising shall be subject to the approval of the Building Inspector. -4- (b) No advertisement or 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. Section 8: Removal of Benches. (a) After the revocation of any permit, the Building Inspector may remove and. store the bench, if the permittee fails to do so within 10 days after notice. (b) The permittee mazy recover the bench, if within 60 days after the removal, he pay the cost of such removal and storage, which shall nob exceed. 2.00 for removal and $5.00 a month for storage, for each such bench. After 60 days, the Building Inspector 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 section. Section 9: Except as limited. by the provisions of Section 13 hereof, the Building Inspector shall enforce the provisions of this ordinance, and. shall have complete authority over the installation and. maintenance of benches. Section 10: Refunds--Not Permitted.. _ No fee paid pursuant to this ordinance shall be refunded. in the event the application is denied. or the permit revoked., except that when for any cause beyond. the control of the permittee, a permit is revoked. within 60 days after the date of issuance or last renewal thereof, the .$3.00 fee therefor for the current year may be refunded. to the permittee upon written demand filed. within six months after the dabe of the revocation. Section 11: Bond. or Insurance Policy. (a) No permit shall be issued. pursuant to this section unless the applicant shall post and maintain with the Building Inspector a surety bond. or policy of public liability insurance, approved. by the -5- Building Inspector and conditioned. as hereinafter provided.. (b) The. bond. or policy shall be conditioned. that the permittee will indemnify and. save harmless the City of Lynwood., 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 Lhe 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 per- mits 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. Section 12: Bond or Insurance Policy--Limit of Liability. The limit of liability upon any bond. or policy of insurance, posted pursuant to the requirements of this ordinance, shall in no case be less than $5,000.00 for bodily injuries to or death of one person. The permissible limit of liability for bodily injuries or death of .more,thannone person shall depend. upon the number of bench permits covered. thereby and shall not be less than the amount specified. in the following schedule: Number of Bench Permits Limit of Liability 1 to 10 $10 000.00 11 to 50 , 20,000.00 51 to loo 40,000.00 101 or more 80,000.00 Section 13: Appeals from Denial of Application for Permit, Revocation or Renewal Thereof. (a) Within ten (10) days after the rejection of an.appli- cation for a. permit or a revocation or renewal thereof, the applicant -6- or permittee, as the case may be, may file a written appeal with the City Clerk stating in detail the reasons why the application for a permit should. be granted, or why the permit should. not be revoked., or why the permit should. be renewed., as the case may be, notwithstanding the action of the Building Inspector to the contrary. (b) Within 24 hours of the receipt of, the written appeal provid.ed.for by Section 13(a) hereof, the City Clerk will advise the Building Inspector of said. appeal, and within the same period. will fix a date and time for the hearing of the appeal by the City Council and. notify the applicant or permittee, as the case may be, and. the Building Inspector thereof by registered. mail, which date must not be.more than ten (10) days from the date the appeal is filed. with the City Clerk. (e) Upon receipt of notice that an appeal has been filed., the Building Inspector must furnish the City Council forthwith a written report of the reason for the refusal of the permit, the revo- cation thereof, cr the refusal to renew the same, as the case may be. (d) The City Council must deny the appeal .and affirm the decision of the Building Inspector if he finds the applicant has failed. to comply with any of the provisions of this ordinance, or the laws of the United. States or of the State of California, the violations of which reflect unfavorably on the fitness of the permittee or licensee, as the case may be, to install and maintain the benches in .question. (2) The decision of the City Council shall be final. Section l4: Any person violating any of the provisions of this ordinance shall be deemed. guilty of a misdemeanor and. upon con- viction thereof shall be punishable by a fine of not more than $500.00 or by imprisonment for a. period. of not more than six (6) months in the City Jail, or by both such fine and. imprisonment. Section 15: The City Clerk is hereby ordered and. directed. to certify to the passage of this ordinance, and to cause the same.to be published. once in the Lynwood. Press, a newspaper of general circu- -7- lation, printed. and published. and circulated. in the City of Lynwood.. First read at a regular meeting of the City Council of said. City held. on the 19th d.ay of June, 1956, and. finally adopted and ordered. published at a regular meeting of said. Council held. on the 3rd. d.ay of July, 1.956, bydthe following vote: Ayes: Councilmen Compton, Finch, Pender, Summers. _ _ Noes: Councilmeh ~ Absent: .Councilmen A T S ~ L ~, TY OOD None. McMeekin. -8- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELESo ss. CITY OF LYNWOOD ) I, the undersigned, City Clerk of th.e City of Lynwood, and ex-officio clerk of the Council of said. City, do hereby certify that the above is a. true and correct copy of Ordinance No. 649 adopted by the City Council of the City of Lynwood and that same was passed on the date a.nd by the vote therein stated, Dated this 5th _ day of Ju1y~~~g 19 560 _ ~1 \ CITY C\VL^IEVR1`K OF LLTHE CIT F LYNWOOD