HomeMy WebLinkAboutNS-1914 - Amending Sections of Santa Ana Municipal Code to Revise the Administration of Maintenance and Removal of Bus Shelters and Bus Benches~=mb. 0~9
2/20/87
ORDINANCE NO. NS- ~
AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING
SECTIONS 33-101, 33-102, 33-103, 33-105, 33-107,
33-108, 33-109, 33-110, 33-111, 33-112 AND 33-114
OF THE SANTA ANA MUNICIPAL CODE TO REVISE THE
ADMINISTRATION OF MAINTENANCE AND REMOVAL OF BUS
SHELTERS AND BUS BENCHES.
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:
Sec. 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 $,eparate 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 Executive
Director of the Public Works Agency or his designee finds
that more than one bench or bus shelter or combination
thereof is reasonably necessary to accommodate 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:
Sec. 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 Executive Director of the Public
Works Agency or his designee, showing the proposed location
of each bench or bus shelter and such other information as
the Executive Director of the Public Works Agency or his
designee 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 Executive Director of the Public Works
Agency or his designee.
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ORDINANCE NO. NS- 1914
PAGE TWO
(C) Each application for a permit to install a bench
or bus shelter at a location not previously approved by the
Executive Director of the Public Works Agency or his
designee 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 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 Executive
Director of the Public Works Agency or his designee. 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:
Sec. 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 (1) a
renewal application is filed, (2) a renewal fee as
established by resolution of the city council is paid, (3)
all past administrative notice fees as established by
resolution of the city council are paid, and (4) all due
and owing advertising revenues are paid.
SECTION 4: That Section 33-105 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. 33-105. Permit--Denial or revocation.
(a) The application for a bench or bus shelter permit
061
ORDINANCE NO. NS- 1914
PAGE THREE
shall be denied if it is found by the Executive Director of
the Public Works Agency or his designee 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 Executive Director of the Public Works Agency
or his designee 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 applicant
fails to deposit the permit fee and accept the permit within
thirty (30) days after notice of the approval of the
application by the Executive Director of the Public Works
Agency or his designee.
(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 to such location
to the Executive Director of the Public Works Agency or his
designee 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 Executive Director of
the Public Works Agency or his designee shall consider such
notice in making the determination pursuant to subsection
(a) of this section. If such written notice is received by
the Executive Director of the Public Works Agency or his
designee 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 Executive Director
of the Public Works Agency or his designee 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.
ORDINANCE NO. NS-1914
PAGE FOUR
(f) The city council may on its own motion, with or
without a hearing, deny the issuance of a permit approved
by the Executive Director of the Public Works Agency or his
designee or may revoke a permit previously issued by the
Executive Director of the Public Works Agency or his
designee, 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 Executive Director of the Public Works
Agency or his designee subsequently authorizes installation
of a bus shelter shall be automatically revoked, unless
otherwise permitted by the Executive Director of the Public
Works Agency or his designee 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 5: That section 33-107 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. 33-107. Prohibited locations.
No person, association, partnership or corporation
shall install or maintain any bench:
(a) In any alley.
(b) At any location where the distance from the face
of the curb to the nearest property line is less than seven
(7) feet.
(c) At any location, distant more than fifty (50)
feet from the nearest intersecting street; provided that
this requirement may be waived by the Executive Director of
the Public Works Agency or his designee upon a finding that
observance of this requirement would result in public
inconvenience or hardship.
(d) At any place except a designated public carrier
stop.
ORDINANCE NO. NS-1914
PAGE FIVE
SECTION 6: That section 33-108 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. 33-108. Benches; installation, maintenance.
(a) Each bench shall have displayed in a conspicuous
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, unless so authorized by the Executive
Director of the Public Works Agency or his designee.
(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 Executive
Director of the Public Works Agency or his designee where
the circumstances are unusual.
(d) An acceptable trash receptacle is to be
permanently affixed to any permitted bus bench wherever
warranted. The design of said receptacle shall be subject
to the approval of the Executive Director of the Public
Works Agency or his designee.
(e) It shall be the duty of the permit holder to
maintain each bus bench including any receptacle required
to be affixed to said bus bench pursuant to subsection (d)
of this section, in a clean, attractive and safe condition
at all times at its proper and lawful location, and to
inspect each bus bench periodically. A regular schedule
satisfactory to the Executive Director of the Public Works
Agency or his designee for emptying trash receptacles must
be maintained by the permit holder.
SECTION 7: That section 33-109 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. 33-109. Bus shelters; design, construction,
maintenance, repair.
064
ORDINANCE NO. NS-1914
PAGE SIX
(a) The design of each bus shelter shall be approved
by the Executive Director of the Public Works Agency or his
designee prior to issuance of a permit therefor. Approval
shall be based on compliance of applicant with reasonable
guidelines issued by the Executive Director of the Public
Works Agency or his designee.
(b) Bus shelters shall be constructed in conformity
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.
(d) Each bus shelter shall have a trash receptacle
permanently affixed to the adjacent sidewalk. The design
of said trash receptacle shall be approved by the Executive
Director of the Public Works Agency or his designee.
(e) Bus shelters shall be maintained in a neat,
attractive, safe and sanitary manner at all times. Routine
maintenance, including cleaning and emptying 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 Executive Director
of the Public Works Agency or his designee constitutes a
safety hazard shall be repaired, replaced, removed or
otherwise corrected immediately upon notification by the
City of Santa Ana.
(g) 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. A performance bond in the amount of
~500.00 per shelter shall be posted by permit holder to
insure proper site restoration.
SECTION 8: That section 33-110 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. 33-110. Advertising.
(a) No advertising or sign shall be displayed on any
ORDINANCE NO. NS-19~
PAGE SEVEN
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
not be displayed without prior written approval of the
Executive Director of the Public Works Agency or his
designee. 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 Executive Director of the Public Works Agency
or his designee. Any unpermitted 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 devoted 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 (10) per cent of all benches
areas devoted primarily to residential uses shall be
without advertisements or signs.
in
SECTION 9: That section 33-111 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. 33-111. Removal.
(a) The Executive Director of the Public Works Agency
066
ORDINANCE NO. NS-1914
PAGE EIGHT
or his designee 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
pursuant to the applicable provisions of law.
SECTION 10: That section 33-112 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. 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 Executive Director of the Public Works
Agency or his designee within ten (10) days after such
sale, transfer or assignment. The new owner of the bench
or bus shelter shall, within such ten-day period, either
remove the bench or bus shelter or obtain a permit for said
bench or bus shelter.
SECTION 11: That section 33-114 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. 33-114. Enforcement and Enforcement Fees.
The Executive Director of the Public Works Agency
ORDINANCE NO. NS-1914
PAGE NINE
or his designee shall enforce the provisions of this
article. In addition to removal of a bus bench or bus
shelter as provided in section 33-111, fees for
non-compliance with the terms and conditions of this
article may be assessed by the Executive Director of the
Public Works Agency or his designee as established by
resolution of the city council to defray the cost of
enforcement and issuing notices concerning failure of
permittee to meet and maintain required city standards.
SECTION 12: 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 or
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, sentences,
clauses, phrases, or portions be declared invalid or
unconstitutional.
SECTION 13: 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
to the collection of any such license or penalty or the penal
provision applicable to any cash deposit in lieu thereof,
required to be posted, filed or deposit pursuant to any
ordinance and all rights and obligations thereunder
appertaining shall continue in full force and effect.
ADOPTED this
ATTEST:
;~nice C. Guy /~. /
'Clerk of the Council
]5th day of June , 1987.
COUNCILMEMBERS:
McGuigan
Acosta A e
Griset
Hart Aye
May
Pulido
Young
APPROVED AS TO FORM: