HomeMy WebLinkAbout1961-01 02-13 CCO 1 AN ORDINANCE TO LICENSE AND PROVIDE FOR THE
INSTALLATION AND MAINTENANCE OF BENCHES ON
PUBLIC WALKS AND WAYS AND FOR THE REGULATION
• THEREOF
Section 23 -901. Any person, firm or corporation desiring to place
and maintain one or more courtesy benches for the convenience of persons
waiting for street cars and buses at any place in the Village of Brooklyn
Center, upon the public streets of the Village, may be granted a license
therefor upon the following conditions:
(a) The person, firm or corporation desiring such license, or
licenses, shall make written application to the Village 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 Village Clerk,
Village Engineer and Village Attorney.
(b) The consent of the abutting property owners or lessees shall
be required only where the proposed location of a bench is in an area where
the abutting property is zoned residential or multiple dwelling; in such cases
each application shall be accompanied by a writing in such form as the Village
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 Village Attorney.
(c) Each application shall be accompanied by an inspection fee of
Two Dollars ($2.00) payable to the Village of Brooklyn Center for each such
bench.
(d) If the application be granted, an additional license fee of
Seven Dollars ($7.00) shall be paid to the Village of Brooklyn Center for
each bench, at the time the license is issued.
(e) All licenses shall expire as of the 1st day of January next
following the date of issuance thereof, unless renewed. At least thirty (30)
days prior to the expiration of any license, the holder may make written
application for renewal thereof, accompanied by the Seven Dollar ($7.00)
license fee. If plans and specifications of the bench, or advertising matter,
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 license 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
license holder the continuing right to maintain such bench, the application
may so state, and renewed consent shall not be required.
(f) Whenever a bench for which a license has been issued is sold
or title or control thereof transferred or assigned, a new license shall be
required and obtained for its maintenance.
(g) If the application is for licenses for more than one bench at
the same or different locations, a separate number and license shall, when
• issued, be assigned and granted for each bench authorized to be installed,
but each such license issued shall be valid only for the particular location
designated therein.
2.13.61
Section 23 -902. No license shall be issued for the installation or
maintenance of any such bench:
(a) without the approval of the Village Engineer;
(b) in any alley;
(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 Village Engineer shall direct
change of location.
Section 23 -903.
(a) The application for maintenance of any bench shall be denied if
the Village 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 license 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 Village Council or the Village Engineer, main-
tenance 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 Village
Engineer on or before the first day of April preceding the expiration of any
license, withdraw his consent to the renawalthereof after such expiration,
the Village Engineer shall promptly notify the licensee of the filing of such
writing and shall deny the renewal of such license unless and until such owner,
or person in possession or control, shall in writing consent to such renewal
license being issued.
Section 23 -904.
(a) When a license is issued, each such courtesy bench shall be
installed parallel with the curb and set back not less than eighteen (18)
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 over all.
(c) Each bench shall have displayed thereon, in a conspicuous place,
the license number.
(d) It shall be the duty of the licensee 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. The licensee shall move benches
immediately upon request of the Village should temporary removal be made
necessary by construction or repair work in the vicinity of the bench.
2.13.61
Section 23 -905.
• (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, or obscene, immoral or indecent advertising, or legal or political
advertising of any character, shall be permitted, and all advertising shall
be subject to the approval of the Village Council.
(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 -906.
(a) Upon the revocation or expiration of any license without renewal,
if the licensee fails promptly to remove a bench, the Village Engineer may
do so within ten (10) days after written notice given by mail directed to the
address of the licensee on file, and if the licensee 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 licensee's rights in said bench shall be
forfeited, but such forfeiture shall not excuse the licensee from the payment
of the cost of removal and storage of said bench.
Section 23 -907.
. (a) Before a license shall be issued, the applicant shall post or
maintain with the Village Clerk a bond or policy or public liability insurance
approved by the Village Attorney and conditioned substantially as follows:
That the licensee will indemnify and save harmless the Village of Brooklyn
Center, its officers, agents and employes 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, regcrdless of the point to which such bench
or benches may be moved within the Village of Brooklyn Center with or without
the consent of the licensee, and that the licensee 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
licensee at his expense at all times during the period for which the license
is in effect. In the event that two or more licenses are issued to one
licensee, one such bond or policy of insurance may be furnished to cover two
or more benches, and each bond or policy shall be of a type which coverage
shall automatically be restored immediately after the occurrence of any acci-
dent or loss from which liability may thereafter accrue.
(b) The limit of liability upon any bond or policy of insurance
so posted shall in no case be less than Twenty -five Thousand and no /100
Dollars ($25,000.00) for a loss, bodily injuries to or death occurring to
one person or arising out of any one accident.
. Section 23 -908. All applications for licenses, when approved by
the Village Engineer, shall be presented to the Village Council, which may
grant or deny any one or more of the applications made.
(Originally passed February 13, 1961.) 2.13.61
Section 2. This ordinance shall take effect from and after its
publication.
Passed by the Village Council of the Village of Brooklyn Center
this 13th day of February 1961.
0 Mayor
Clerk
(Seal)
•