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HomeMy WebLinkAboutNS-1706DMF/fm 6/27/83 ORDINANCE NO. NS-1706 AN ORDINANCE OF THE CITY OF SANTAANA AMENDING THE SANTA ANA MUNICIPAL CODE BY AMENDING SECTIONS 33-101 THROUGH 33-113 REGULATING PLACEMENT OF BENCHES AND BUS SHELTERS ON PUBLIC STREETS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Section 33-101 of the Santa Ana Municipal Code, is hereby amended to read as follows: Section 33-101. Permit Required. It shall be unlawful for any person, association, partnership or corporation to install or maintain any bench or bus shelter on any street within the City of Santa Ana unless there has been issued a permit therefor as provided in this article. A separate permit shall be obtained for each bench or bus shelter, which permit shall be valid only for a particular location specified therein. Each permit shall bear a separate number. Not more than one permit shall be issued for any one location unless the director of transportation services finds that more than one bench or bus shelter or combination thereof is reasonably necessary to accomodate persons using benches or bus shelters at such location. SECTION 2: That Section 33-102 of the Santa Ana Municipal Code, is hereby amended to read as follows: Section 33-102. Permit Application. (a) No bench or bus shelter permit shall be issued except upon written application, filed with, and upon a form prescribed by, the director of transportation services, showing the proposed location of each bench or bus shelter and such other information as the director of transporta- tion services may require. (b) Detailed plans and specifications of each bench or bus shelter shall be supplied by the applicant in a form as approved by the director of transportation services. (c) Each application for a permit to install a bench or bus shelter at a location not previously approved by the director of transportation services prior to the effective date of this section shall be accompanied by an affidavit or declaration of the applicant, reciting that the applicant has caused the owner or person in lawful possession or ORDINANCE NO. NS -1706 Page Two control of the property abutting upon the public street at the place where the bench or bus shelter is proposed to be located to be served with a notice on a form prescribed by the director of transportation services. Such notice shall state that the applicant will file an application for a permit and that the person receiving such notice may object to the location of the bench or bus shelter. (d) Each application must be signed by the owner or legal representative of the owner of the bench or bus shelter for which the permit is requested. SECTION 3: That Section 33-103 of the Santa Ana Municipal Code, is hereby amended to read as follows: Section 33-103. Permit - Fees; Renewal. The application for a permit shall be accompanied by a nonrefundable permit fee for each bench or bus shelter as established by resolution of the City Council to defray the cost of processing such application. Each permit shall expire on the first day of July next following the date of issuance unless the permit has been renewed, in which case the date of expiration of the most recent renewal shall control. Each permit may be renewed, provided a renewal application is filed and a fee as established by resolution of the City Council is paid. SECTION 4: That Section 33-104 of the Santa Ana Municipal Code, is hereby amended to read as follows: Section 33-104. Permit - Indemnity; Insurance. Prior to issuance of any permit under this Article, each applicant shall: (a) Represent, stipulate, contract and agree that such applicant will indemnify and hold the City of Santa Ana and its officers and employees harmless against liability for any and all claims for damage to property, or injury to, or death of persons arising out of or resulting from the issuance of the permit or the placement of the bench or bus shelter. (b) Obtain and file with the clerk of the council, and thereafter maintain during the term of any such permit, a comprehensive general liability insurance policy or policies, approved as to form by the city attorney, issued by an insurance company or companies authorized to do business in ORDINANCE NO. NS- 1706 Page Three Municipal the State of California. The City of Santa Ana, its officers and employees shall be named as additional insureds on said policy or policies. The policy limits of said insurance policy or policies shall be not less than Three Hundred Thousand Dollars ($300,000.00) combined single limit for both bodily injury and property damage, or equivalent. Said policy or policies shall also contain a provision that no termination, cancellation, or change of coverage of insured or additional insured shall be effective until after twenty (20) days notice thereof has been given in writing to the clerk of the council. SECTION 5: That Section 33-105 of the Santa Ana Code, is hereby amended to read as follows: Section 33-105. Permit - Denial or Revocation. (a) The application for a bench or bus shelter permit shall be denied if it is found by the director of transportation services that the maintenance of the bench or bus shelter would tend to obstruct passage along any public street, or to create a hazard, or would otherwise be detrimental to the public safety, welfare or convenience. (b) Any permit may be revoked or renewal thereof denied by the director of transportation services for any violation of any of the provisions of this article, for any fraud or misrepresentation in the application, or for any reason which would have been grounds for denial of the application. (c) The application shall be denied if the appli- cant fails to deposit the permit fee and accept the permit within thirty (30) days after notice of the approval of the application by the director of transportation services. (d) Any permit issued under this article shall be cancelled and revoked if the permit holder fails to install the bench or bus shelter within sixty (60) days after the date of issuance of such permit. (e) If the owner, tenant or person in lawful possession or control of the property abutting the street at the place where the bench or bus shelter is to be located gives written notice of objection ORDINANCE NO. NS- 1706 Page Four to such location to the director of transportation services at any time before issuance of the permit that maintenance of the bench or bus shelter would tend to obstruct passage along any public street, or to create a hazard, or would otherwise be detrimental to the public safety, welfare or convenience, the director of transportation services shall consider such notice in making the determina- tion pursuant to subsection (a) of this section. If such written notice is received by the director of transportation services after the date of issuance of the permit, the permit shall not be revoked but renewal thereof shall be denied on the next renewal date if the director of transportation services finds in accordance with subsection (a) of this section. Any such denial or revocation of any permit shall be subject to review upon filing of a timely appeal pursuant to the provisions of Chapter 3 of this code. (f) The City Council may on its own motion, with or without a hearing, deny the issuance of a permit approved by the director of transportation services or may revoke a permit previously issued by the director of transportation services, when the City Council finds that maintenance of the bench or bus shelter would tend to or does obstruct passage along any public street, create a hazard, or would or is otherwise detrimental to the public safety, welfare or convenience. (g) Any permit issued under this article for a bench location where the director of transportation services subsequently authorizes installation of a bus shelter shall be automatically revoked, unless otherwise permitted by the director of transportation in conjunction with such bus shelter. (h) Any permit issued under this article may be revoked for failure to pay the business license tax as required by this code. SECTION 6: That Section 33-106 of the Santa Ana Municipal Code, is hereby amended to read as follows: Section 33-106. Advertising Revenue Payment. Each application for a permit for a bus shelter shall contain an agreement signed by the permit holder that the City of Santa Ana shall receive a percentage of the gross advertising revenues received by the permit holder for the rental of advertising space in and on the bus shelter, which percentage shall be established by resolution of the ORDINANCE NO. NS- 1706 Page Five City Council, but in no instance shall payment be less than Fifty-Dollars ($50.00) per month per bus shelter. SECTION 7: That Section 33-108 of the Santa Ana Municipal Code, is hereby amended to read as follows: Section 33-108. Benches - Installation, Maintenance. (a) Each bench shall have displayed in a con- spicuous place the name of the permit holder and the permit number. (b) No bench shall be more than forty-two (42) inches high, nor more than thirty (30) inches wide, nor more than seven (7) feet long. (c) No bench permit holder shall locate or maintain any bench at a point less than eighteen (18) inches nor more than twenty-four (24) inches from the face of the curb, and each bench must be maintained parallel with the curb, except as otherwise approved by the director of transporta- tion services where the circumstances are unusual. (d) It shall be the duty of the permit holder to maintain each bench at all times in a clean, attractive, and safe condition and at its proper and lawful location, and to inspect each bench periodically. SECTION 8: That Section 33-109 of the Santa Ana Municipal Code, is hereby amended to read as follows: Section 33-109. Bus Shelters - Design; Con- struction; Maintenance; Repair. (a) The design of each bus shelter shall be approved by the director of transportation services prior to issuance of a permit therefore. Approval shall be based on compliance of applicant with reasonable guidelines issued by the director of transportation services. (b) Bus shelters shall be constructed in con- formity with the Uniform Building Code, as amended, and adopted by section 8-43 of the Santa Ana Municipal Code. (c) Each bus shelter shall be illuminated for passenger safety. ORDINANCE NO. NS- 1706 Page Six Municipal (d) Bus shelters shall be maintained in a neat, attractive, safe and sanitary manner at all times. Routine maintenance, including cleaning and empty- ing of trash receptacles, shall be provided each bus shelter at least once per week. Damaged, defaced or defective segments of any bus shelter shall be replaced within forty-eight (48) hours of discovery thereof or notice thereof by the City of Santa Ana, whichever occurs earlier, except that any condition which, in the opinion of the director of transportation services constitutes a safety hazard shall be repaired, replaced, removed or otherwise corrected immediately upon notification by the City of Santa Ana. (e) Ail sums due for electrical or other utility services supplied to each bus shelter shall be paid by permit holder, who shall indemnify the City of Santa Ana against any and all such costs. (f) Upon removal of any bus shelter, all material and wires shall be removed from the site by the permit holder and the site restored to the condition in existence prior to installation of the bus shelter, including complete restoration of any sidewalk upon which the removed bus shelter was located. SECTION 9: That Section 33-110 of the Santa Ana Code, is hereby amended to read as follows: Section 33-110. Advertising. (a) No advertising or sign shall be displayed on any bench except upon the front and rear surfaces of the back rest. (b) Ail advertising or signs shall be affixed to the surface of each bus shelter. (c) Ail advertising on any bench or bus shelter shall be displayed in accordance with the approved bench or bus shelter plan and specifications and such advertising shall be subject to the approval of the director of transportation services, except that such approval shall be rebuttably presumed. No advertising shall be displayed which is deemed indecent, conflicting with traffic safety or otherwise injurious to the public interest as determined solely by the director of transportation ORDINANCE NO. NS -1706 Page Seven Municipal services. Disapproved advertising shall be removed by the permit holder within twenty-four (24) hours after notice by the City of Santa Ana of the disapproval and need for removal pursuant to this section. (d) No advertisement or sign in or on any bench or bus shelter shall be displayed which would be offensive or objectionable to the public, or which advertises competing services or products within a one-block radius ~of real property primarily de- voted to providing such services or products. (e) No advertisement or sign in or on any bench or bus shelter shall display any word, phrase, symbol or character likely to interfere with, mislead or distract traffic, or conflict with any official traffic control device. (f) A minimum of ten percent (10%) of all benches in areas devoted primarily to residential uses shall be without advertisements or signs. SECTION 10: That Section 33-111 of the Santa Ana Code, is hereby amended to read as follows: Section 33-111. Removal. (a) The director of transportation services may cause a bench or bus shelter to be removed and stored after expiration or revocation of the permit, or when a bench or bus shelter is placed or maintained in violation of any provision of this article or any requirement set forth in the permit, if the permit holder fails to remove or correct the same after ten (10) days notice thereof by mail. (b) A bench or bus shelter which is placed on the street without a permit may be removed and stored. (c) Ail of the foregoing shall be at the sole risk of the permit holder or owner and shall be in addition to any other remedy provided by law. (d) The permit holder or owner may recover a bench or bus shelter which has been removed and stored during the time specified in Santa Ana Municipal Code section 2-705 by paying the actual cost of such removal and storage. Unclaimed benches or bus shelters may be disposed of pur- suant to the applicable provisions of law. ORDINANCE NO. NS - 1706 Page Eight SECTION 11: That Section 33-112 of the Santa Ana Municipal Code, is hereby amended to read as follows: Section 33-112. Transfer. Whenever a bench or bus shelter for which a permit has been issued is sold, or the title or control thereof assigned or transferred, the permit holder shall report such fact to the director of transportation services within ten (10) days after such sale, transfer or assignment. The new owner of the bench or bus shelter shall, within such ten (10) day period, either remove the bench or bus shelter or obtain a permit for its maintenance. SECTION 12: That Section 33-113 of the Santa Ana Municipal Code, is hereby amended to read as follows: Section 33-113. Interference with Benches or Bus Shelters. It shall be unlawful for any person, firm, corpora- tion or association, to tamper with, injure, deface or commit acts of vandalism upon any bench or bus shelter lawfully upon a public way, pursuant to the provisions of this article. SECTION 13: That Section 33-114 of the Santa Ana Municipal Code, is hereby amended to read as follows: Section 33-114. Enforcement. The director of transportation services shall enforce the provisions of this article. SECTION 14: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, clauses or portions be declared invalid or unconstitutional. SECTION 15: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or ORDINANCE NO. NS-1706 Page Nine penalty nor the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED, this 5th ATTEST: Clerk of the Council day of December , 1983. ~ MAYOR ~' COUNCILMEMBERS: Aye '"~y e -~7e Luxembourger Griset Acosta Bricken Johnson McGuigan Young APPROVED AS TO FORM: EDWARD/.~_CO3OPER, City A~ctor--f~y