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HomeMy WebLinkAboutCity Council Ordinance 1989-18CITY OF PLYMOUTH ORDINANCE NO. 89-/8 AN ORDINANCE RELATING TO STREETS, ALLEYS, AND PUBLIC GROUND AMENDING THE PLYMOUTH CITY CODE BY THE ADDITION OF SECTION 815 RELATING TO COURTESY BENCHES THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS: Section 1. Plymouth City Code is amended by the addition of Section 815 as follows: 815.01 Courtesy Benches on Public Walks and Places. Subdivision 1. Purpose. The purpose of this section is to regulate the placing and maintenance of courtesy benches in, or adjacent to, public rights-of-way. 815.03 Definitions. Subdivision 1. "Courtesy bench" means a bench designed for the convenience of the general public using the bus public transportation system and placed in, or adjacent to, a public right-of-way by a party other than the City. 815.05 General Rule. Subdivision 1. It is unlawful for a person to place a courtesy bench in, or adjacent to, a public right-of-way without first having been granted a permit as provided in this section. Subd. 2. This section shall apply to all existing courtesy benches, as well as those installed, after the adoption here of. The permit once issued shall be annually renewed. Subd. 3. The permit period shall be duly 1 to dune 30 annually. Subd. 4. No more than 50 permits shall be issued and in force under this section. 815.07 Permits and Application. Application for permits shall be made to the City Manager. The application shall contain the following information: (a) scale drawing showing the size and location of the courtesy bench relative to all other objects on the property including the layout of applicable adjacent roadways, intersections, traffic signage, sidewalks, trails, utility poles, fences and other objects in the vicinity. (b) name, address and phone number of applicant; (c) detailed plans and specifications of each proposed bench including the general nature of advertising matter, if any, to be posted thereon and total surface area intended as signage not to exceed 12 square feet using the front, or seating side surface only of the bench back in residentially zoned properties and not to exceed 24 square feet (12 square feet each on the front and back surface of the bench back) in commercial and industrial zoned property. (d) current general liability Certificate of Insurance from an insurance company, rated "A" by A.M. Best Company and authorized to do business in the State of Minnesota, naming the City as additional insured in the minimum amount of $600,000 for any and all claims arising out of the use or existance of the courtesy bench. The certificate shall provide for automatic notification of the City with a minimum 30 days advance notice in the event of cancellation; (e) A graphic showing the public transportation bus service which serves the proposed courtesy bench and the specific bus stop location, including times of service, if applicable, and approximate current number of passengers served by the bus stop according to the transportation company. (f) An executed hold harmless agreement from the permittee, protecting the City from any and all claims arising out of the use and existence of the courtesy bench. (g) such other information the City Manager may require; 815.09 Consent of Owners or Occupant. The application most be accompanied by the written consent, in a form prescribed by the City Attorney, of the owners or occupant of the property abutting the street right-of-way where the courtesy bench is to be located. The owner or occupant may subsequently revoke his/her written consent. 815.11 Conditions Governing Issuance of Permits. Subdivision 1. Application. This subsection governs the issuance of a permit for a courtesy bench. Subd. 2. Permit for Each Bench. A separate permit is required for each courtesy bench, but renewals may be granted for more than one location on the basis of a single application provided the City Manager is satisfied that all the information required by this section has been supplied for each proposed courtesy bench. Subd. 3. Transfer: New Permit. If a courtesy bench for which a permit has been issued is sold or title or control thereof is transferred or assigned, a new permit shall be required. Subd. 4. Location. No permit may be issued for the installation of courtesy benches in the following places: (a) on a public or private sidewalk or trail, (b) in an alley; (c) at any location where the distance from the face of the curb to the edge of the right-of-way is less than eight feet and sidewalk or trail is located therein; (d) at any location more than 50 feet from the nearest point of intersection with a street unless the City Manager so authorizes; (e) within 20 feet of any street right of way corner or other locations as the City Manager may determine which impede safety by obstructing the vision of pedestrians or motorists as set forth in Section 10 of the Zoning Ordinance; (f) other locations which the City Manager determines would potentially restrict pedestrian traffic, pose a snow and ice control problem, obstruct vehicular traffic or otherwise be detrimental to the public safety. Subd. 5. Permit Fees. Fees for courtesy benches shall be $25 initial permit and $25 for each subsequant renewal. 815.13 InsuranceRequirements. Subdivision 1. Insurance. Applicants for permits shall maintain with the City Manager a public liability certificate of insurance with a company which is rated "A" by A.M. Best Company, in the minimum amount of $600,000 approved by the city attorney. The insurance shall be maintained in its original amount by the permit holder at his expense at all times during the period for which the permit is in effect. When two or more permits are issued to one person one insurance policy may be furnished to cover two or more courtesy benches, and the policy shall be of a type which coverage is automatically restored upon occurrence of any accident or loss from which liability may hereafter accrue. 815.15 Permits: Approval and Issuance. If the City Manager is satisfied that all of the conditions enumerated in this section have been met and that the erection and maintenance of the courtesy bench at the proposed location will not restrict pedestrian traffic or otherwise be detrimental to public safety, he shall approve the application. 815.17 Revocation of Permit. The City Manager may revoke or deny renewal of any permit for failure to comply with the provisions of this code, the zoning ordinance, for misrepresentation of material facts in the original application, for failure to maintain the courtesy bench, because the bench is considered a safety hazard, because the bench location is no longer served by public transportation, or for any reason which would have been grounds for denial of the original application. 815.19 Installation and Maintenance. Subdivision 1. Location. Courtesy benches shall be installed parallel with the curb, sidewalk or trail, and set back at least 3 feet. Subd. 2 Size. Size limitations on courtesy benches are as follows: (a) height - 42 inches maximum; (b) width - 30 inches maximum; and (c) length - Seven feet maximum. Subd. 3. Construction. A courtesy bench shall be installed and maintained on a durable, level surface including, but not limited to, concrete, bomanite or decorative brick. The durable surface shall extend six inches on either end of the bench and one and one-half feet in front. The courtesy bench shall be of sufficient weight or shall be secured in a manner to minimize the potential of accidental tipping or vandalism. No courtesy bench shall be fastened, secured, or anchored to City property. Subd. 4. Materials. A courtesy bench shall be constructed of durable materials including but not limited to concrete, wood, steel, plastic, or combination thereof, with colors limited to whites, earthtones of subdued greens, grays, browns, reddish -browns, and golds. Subd. 5. Permit Display. Each bench shall display the permit number in a conspicuous place. Subd. 6. Conditions. It is the responsibility of the permittee •Co maintain each bench in a safe condition and to keep benches neat, clean and in usable condition. The permittee shall keep the courtesy bench and bench base free of ice and snow and accessible at all times. Subd. 7. Advertisinq Matter. Advertising matter may be displayed only on the front (roadway side) surface of the backrest of a bench and shall not exceed 12 square feet in surface area on residentially zoned properties and not to exceed 24 square feet (12 square feet on each side of the bench back) on commercial and industrial zoned property. Advertisements for liquor or beer, tobacco, political advertisements, obscene, immoral, indecent or illegal matter is prohibited on all courtesy benches. No advertising matter on any courtesy bench may display the words "Stop", "Look", "Drive In", "Danger" or any other word, phrase or symbol, reflective material, or illumination device, which might interfere with, mislead or distract traffic. 815.21 Removal of Benches. Subdivision 1. Notice. Upon the revocation or expiration of any permit without renewal, the permittee shall remove the courtesy bench promptly. The City Manager may remove the bench after ten days mailed notice to the permittee and the cost of removal shall be paid by the permittee. If the permittee fails to pay the costs within 60 days after receiving notice from the City Manager, the bench shall become the property of the city, but the permittee shall remain liable for the cost of removal, restoration and storage of the bench. No permit or renewal shall be granted to the permittee until all such costs are paid in full. Subd. 2. Summary Removal. A courtesy bench placed in, or adjacent to, the public right-of-way in the City, contrary to the provisions of this section, may be summarily removed by the City Manager, pursuant to Minnesota Statutes, section 160.27, subdivision 6. 815.23 Registration of Permits Obtained from Other Road Authorities. When a courtesy bench is placed in the city within the limits of a street or roadway subject to the control of a road authority other than the city as defined in Minnesota Statutes, section 160.02, the person placing the bench shall file proof of permission from the other road authority with the City Manager. Section 2. This ordinance is effective on the date of its publication in accordance with Subsection 110.11. Ma or Attest: C17errk Published: Plymouth PostNews 6-14-89.