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HomeMy WebLinkAbout2001-06 04-23 CCOCITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 23rd day of April, 2001, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Chapter 19 of the City Ordinances Relating to Limitations on Keeping of Animals Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. Section 1. Sections 23 -901 to 23 -908 are hereby repealed and replaced with the following sections: Courtesy Benches on Public Right of Way ORDINANCE NO. 2001 -06 AN ORDINANCE AMENDING CHAPTER 23 OF THE ORDINANCES RELATING TO COURTESY BENCHES ON THE PUBLIC RIGHT OF WAY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 23 -901. DEFINITION. A "courtesy bench" is any bench or seat maintained on the public right of way for the convenience and comfort of persons waiting for buses or other vehicles. Section 23 -902. PERMIT REQUIRED. No person shall place or maintain any bench or seat on public right of way in Brooklyn Center unless they shall have obtained a permit and have complied with the provisions of this ordinance. Section 23 -903. PROCEDURE FOR ISSUANCE OF PERMITS. A permit to install and maintain a bench on or along any public sidewalk or right of way may be issued by the City Council to a person complying with the following requirements: a. The person, firm or corporation desiring such a permit shall make written application to the City Clerk showing the requested location and detailed plans and specifications of each proposed bench, the name and address of the applicant, and such other information as may be required in an application form to be prepared by the City Clerk, City Engineer and City Attorney. b. The location of each bench shall be placed at a designated pickup location for the public transit system. c. Each application shall be accompanied by a letter of consent in such form as the City Attorney shall require, signed by the owners or lessees of the property abutting the street upon which each bench is proposed to be located, giving such owners' or lessees' consent to the installation and maintenance of such bench at the proposed location. The applicant shall furnish therewith such evidence of ownership or lease as shall be required by the City Attorney. ORDINANCE NO. 2001 -06 d. Each application shall be accompanied by an inspection fee, as set forth by City Council resolution, payable to the City of Brooklyn Center for each such bench. g. If the application is approved, an additional permit fee will be required in the amount as set forth by City Council resolution, payable to the City of Brooklyn Center for each bench at the time the permit is issued. All permits shall expire as of the 1st day of April next following the date of issuance thereof, unless renewed. At least thirty (30) days prior to the expiration of any permit, the holder may make written application for renewal thereof, accompanied by the permit fee in an amount as set forth by City Council resolution. Renewal of permits shall not be automatic. One factor in considering a permit renewal will be the level of demonstrated demand by the public for the courtesy bench. If plans and specifications of the bench, or location of the bench, are not to be changed, the application for renewal shall be sufficient if the applicant gives his name and address, and the location and number of the bench for which renewal permit is desired. If the original consent of the owner of the land or lessee upon the premises abutting that portion of the street where the bench is located granted to the permit holder the continuing right to maintain such bench, the application may so state, and renewed consent shall not be required. h. Whenever a bench for which a permit has been issued is sold or title or control thereof transferred or assigned, a new permit shall be required and obtained for its maintenance. If the application is for permits for more than one bench at the same or different locations, a separate number and permit shall, when issued, be assigned and granted for each bench authorized to be installed, but each such permit issued shall be valid only for the particular location designated therein. Section 23 -904. WHERE COURTESY BENCHES ARE PROHIBITED. No permit shall be issued for the installation of any such bench: a. without the approval of the City Engineer; b. in any alley, or any locations, districts, or zones as established by the City Council; c. at any location where the distance from the face of the curb to the inside sidewalk line is less than eight (8) feet; d. at any location more than fifty (50) feet from the nearest point of intersection with a street, unless the City Engineer shall direct change of location. Section 23 -905. REVOCATION. ORDINANCE NO. 2001-06 a. The application for installation and maintenance of any bench shall be denied if the City Engineer shall find that the maintenance of the bench at the proposed location would tend unduly to obstruct passage along any public sidewalk or public way or to create a hazard, or otherwise to be detrimental to the public safety, convenience or welfare. b. Any permit may be revoked, or the application for renewal thereof denied, for failure to comply with the provisions of this ordinance, or for misrepresentation of any material facts in the application, or for any reason which would have been ground for denial of the original application, or where in the judgment of the City Council or the City Engineer maintenance has become inappropriate. No revocation or denial shall be made arbitrarily or inequitably as between different applicants. c. If the owner, or lessee, shall by writing filed with the City Engineer at least 30 days prior to the expiration of any permit, withdraw his consent to the renewal thereof after such expiration, the City Engineer shall promptly notify the permittee of the filing of such writing and shall deny the renewal of such permit unless and until such owner, or person in possession or control, shall in writing consent to such renewal permit being issued. Section 23 -906. LOCATION AND MAINTENANCE a. Each such permitted courtesy bench shall be installed parallel with the curb and set back not less than thirty (30) inches from the face of the curb. b. No bench shall be more than forty-two (42) inches high nor more than thirty (30) inches wide or seven (7) feet long overall. c. Each bench shall have displayed thereon, in a conspicuous place, the permit number. d. Benches shall be installed on a level and stable base on a concrete slab, unless otherwise authorized by the City Engineer. At no time may the courtesy bench be installed on or otherwise encroach upon any sidewalk, bicycle trail, or other walkway or conveyance. e. It shall be the duty of the permittee to maintain each bench at all times in a safe condition at its proper location and to inspect each bench periodically in order that it may be properly maintained. Benches shall be kept at all times in a neat, clean and usable condition. Ice and snow shall be removed from the benches and the vicinity thereof in such a manner that each bench shall be accessible at all times. Weeds and grass shall be maintained at less than eight (8) inches in length. Any graffiti shall be removed from any courtesy bench within two days of receipt of notice from the city. Section 23 -907. ADVERTISEMENT ON BENCH. a. No advertising matter or sign shall be displayed upon any bench except only upon the front and rear surfaces of the backrest. No liquor, beer, tobacco products, or obscene, immoral or indecent advertising, or political advertising of any character, shall be permitted, and all advertising shall be subject to the approval of the City Council. ORDINANCE NO. 2001-06 b. No advertising matter or sign on any bench shall display the words "STOP "LOOK "DRIVE IN", "DANGER", or any other word, phrase or symbol which might interfere with, mislead or distract traffic. Section 23 -908. REMOVAL OF BENCHES. a. Upon the revocation or expiration of any permit without renewal, if the permittee fails promptly to remove a bench, the City Engineer may do so within ten (10) days after written notice given by mail directed to the address of the permittee on file, and if the permittee shall fail to pay the cost of removal and storage thereof within a period of sixty (60) days after the giving of such notice, the permittee's rights in said bench shall be forfeited, but such forfeiture shall not excuse the permittee from the payment of the cost of removal and storage of said bench. b. The permittee shall move benches immediately upon request of the City, at permittee's expense, should temporary or permanent removal be made necessary by construction or repair work in the vicinity of the bench. Section 23 -909. INSURANCE AND BONDING. a Applicants for permits shall maintain insurance and provide the City Clerk a Policy Certificate verifying public liability insurance approved by the City Attorney and conditioned as follows: That the permittee will indemnify and save harmless the City of Brooklyn Center, its officers, agents and employees from any and all loss, costs, damages, expenses, or liability which may result from or arise out of the granting of such permit, or the installation or maintenance of such bench for which a permit is issued, regardless of the point to which such bench or benches may be moved within the City of Brooklyn Center with or without the consent of the permittee, and that the 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 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 insurance policy may be furnished to cover two or more benches, and each policy shall be of a type in which coverage shall automatically be restored immediately after the occurrence of any accident or loss from which liability may thereafter accrue. Such policy shall not be terminated without thirty days prior written notice to the City. b. The required limits of liability insurance required by this section shall be $1,000,000 for any number of claims arising out of a single occurrence or applicable statutory limits. ORDINANCE NO. 2001 -06 publication. ATTEST: c. Before a permit is issued, the applicant shall post a performance bond, in an amount determined to be sufficient by the City Engineer and in a form approved by the City Attorney, conditioned on the applicant removing and disposing of the bench and foundation, restoring the site to its previous grade, and restoring and maintaining vegetative cover as appropriate. Section 23 -910. CITY COUNCIL APPROVAL. All applications for permits, when approved by the City Engineer, shall be presented to the City Council, which may grant or deny any one or more of the applications made. Section 2. This ordinance shall be effective after adoption and thirty days following its legal Section 3. The terms of courtesy bench permit issuance and renewal shall be effective as of April 1, 2002. Courtesy bench licenses valid as of December 31, 2001, shall be extended to April 1, 2002. Adopted this 23rd day of April 2001. City Clerk Date of Publication: May 2, 2001 Effective Date: April 1, 2002 (Strikeouts indicate matter to be deleted, underline indicates new matter.)