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HomeMy WebLinkAboutOrdinance-1979-0367INTRODUCED BY COUNCILMEMBER DONALDSON ORDINANCE NO. 367 Series of 1979 TITLE: AN ORDINANCE CREATING CHAPTER 4A OF THE CODE OF THE CITY OF WHEAT RIDGE, COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. The Code of the City of Wheat Ridge, Colorado, is hereby amended by the addition of Chapter 4A as follows: SPr_ aA-1 nPfiniti nn- For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Courtesy Bench. a Any bench or seat, located on public or private property within the City of Wheat Ridge, which contains advertising material. b) Any bench or seat not containing advertising material which is located on a public right-of-way or on public or private property within the following rectangle adjacent to an RTD sign designating a bus stop: Twenty (20) feet either side of the RTD sign and parallel to the road- way, and ten (10) feet from the RTD sign perpendicular from the road- way. Sec. 4A-2. Permit Required. No courtesy bench shall be installed or maintained by any person, corpor- ation, or organization without first obtaining a permit from the building division of the City of Wheat Ridge. Sec. 4A-3. Same Application. a) An application for a miscellaneous building permit shall be submitted to the building inspector disclosing the name of the applicant, the location of the proposed courtesy bench, a site plan on the form pro- vided by the building inspector, and any other materials which may be re- quired by the building inspector. One miscellaneous building permit application may be made for one or more benches; provided, however, that a separate fee shall be paid for each bench as hereinafter provided. b) All permits shall expire at midnight on the 31st day of March of each year. In order to retain ownership of a current permit for a courtesy bench location, the owner must make re-application by the first day of March. If no location changes of the bench are anticipated, the re-application shall include the same items as the initial application, with the exception of a site plan. However, if the owner wishes to make any changes of the bench, a new site plan shall be included in the re-application. If re-application is not submitted to the building inspector by March 1, the owner will be presumed to have abandoned his rights in the bench, and the bench must be removed by the 31st day of March. Sec. 4A-4. Same Fees. Each application and each re-application for a courtesy bench permit shall be accompanied by a fee of $10 for each bench. No refunds or rebates shall be made upon revocation, termination or expiration of the permits. Sec. 4A-5. Same Issuance, Denial, and Revocation. a) The building inspector shall issue a courtesy bench permit if the inspector finds that the applicant has complied with all the ORDINANCE NO. 367 PAGE TWO provisions of this chapter, and if the inspector finds that the location and maintenance of a courtesy bench at the proposed location will not tend to obstruct passage or create a hazard to pedestrians vehicles traveling on the public right-of-way or in the vicinity thereof or be prejudicial to the interest of the general public. (b) Any permit issued under authority of this chapter may be denied or revoked by the building inspector for any of the following reasons: (1) Violation by the permittee or applicant of any of the provisions of this chapter. (2) For any fraud or misrepresentation made by the permittee or applicant in the application. (3) For failure by the permitt.ee or applicant to maintain in full force and effect the necessary indemnity bond or evidence of public liability insurance as required by this chapter (41 Where a finding is made that the location or maintenance r.f a bench at a specified or proposed location shall be deemed to be a hazard to pedestrians or vehicular traffic, cr prejudicial to the interest of the general public. (c) In the event a courtesy bench permit is revoked for courtesy bench, notice shall be sent by certified mail to the permitter as listed in the most recent application or re-application for permit. Within fifteen (15) days after the notice is sent, the permittee shall remove or cause to have removed the particular courtesy bench or benches. If the permittee fails to remove the particular courtesy bench or benches pursuant to the notice, the City shall have the immediate right to have the courtesy cr benches removed at the expense of the permittee. The of a courtesy bench permit shall apply only to the bench benches which are expressly listed in the notice. Sec. 4A-6. Same Assignment. any bench revocation or A courtesy bench permit issued by the building inspector shall not be assignable or transferable to any other person, partnership, association, or corporation without the express written and prior approval of the City of Wheat Ridge, Colorado, which permission may be withheld at the sole discretion of the Citv of Wheat Ridge. Sec. 4A-7. Same Inspection, Approval, and Expiration. After placement of the benches pursuant to the permit, the permittee shall notify the building inspector when and where the benches have been installed so that an inspection can be made to certify proper installation. The inspection date will thereafter be considered the official date of bench placement. If the courtesy bench is not placed within sixty (60) days from the date of issuance of the permit, the permit will be considered expired and any bench which had been placed shall be reTlleved within fifteen (15) days thereafter. If the inspector fails to approve ORDINP-N^E NO. 367 PACE THREE the courtesy bench after inspection, a written notice of reasons for the disapproval shall be given to the permittee. Within fifteen (15) days thereafter, the permittee shall correct the reasons for disapproval or remove the bench. Sec. 4A-8. Coordination with other Facilities. There shall be only two benches per bus stop. Applications for permits for benches at bus stops will not be approved for locations with existing or proposed bus stop shelters. Sec. 4A-9. Identification. Each courtesy bench which is placed within the City of Wheat Ridge shall be identified with the name of the owner, regardless of whether the owner is a person, business association, or non-profit organization. Such identification shall be placed on the front edge of the bench seat which faces the street, and shall be designed so as to be identifiable from the street. Such identification shall be placed on all benches, whether or not the bench has advertising. Sec. 4A-10. Specifications and Location. (a) No bench shall be more than 42 inches in height, 2 feet. 6 inches wide, and more than 7 feet in length. All bus stop benches must weigh a minimum of three hundred pounds (300 tbs.). (b) Benches for bus stops shall be located only at designated bus stops within the public right-of-way, off of the roadway, or off of the public right-of-way with written permission of the property owner. If a bench for a bus stop is located off of the public right-of-way, the written permission of the property owner shall accompany the original application for permit and each annual re-application submitted by the permittee. The bench must be placed at, or as near as is practicable, to the place where passengers board and disembark from the bus. It shall be the sole responsibility of the permittee to assure that all benches are placed on the public right-of-way or that permission has been granted from the other property owner. (c) No bench for a bus stop shall be maintained in any alley nor at any location where the distance from the roadway or curb to the back cf the bench is more than 8 feet unless the building inspector, in his approval of the application, finds that to maintain a bench at such a location is in the public interest. All benches for bus stops shall be installed parallel with the street, and set back approximately 3 feet from the paved roadway or curb, except as may be otherwise permitted by the building inspector, with respect to safety. All benches shall be kept at all times in a safe, clean, and usable condition and each bench shall be accessible at all times. (d) Benches which contain advertising matter shall be permitted only in commercial and industrial zone districts. Benches at bus stops which do not contain any advertising matter shall ne allowed in all zone districts. Sec. 4A-11. Advertising. Advertising material which is contained on benches shall be displayed only upon the front surface of the backrest ORDINANCE NO. 367 PACE FOUR of the bench. All advertising material, words, pictures, or other signs which might mislead or distract traffic such that it becomes a hazard tc public safety, are prohibited. Sec. 4A-12. Bus Stop Removal. If the bus stop at which a bench for a bus stop is placed is moved or eliminated, notice by certified mail shall be sent to the owner of the bench, as identified in Secti-n 9 of this Chapter, informing him that the bench must be removed. The bench shall be removed by the permittee within fifteen (15) days after the notice is mailed. Prior to placing the bench for the bus stop in a new location, new approval by the building inspector must be obtained by submitting a new application for permit, a new site plan, and an additional fee to the building inspector. Sec. 4A-13 Indemnity t- the City and Public. After approval of the application for permit has been obtained, but before a permit shall be issued, the applicant shall post or maintain with the City of Wheat Ridge a bond or policy of public liability insurance approved by the City and conditioned substantially as provided for herein. The permittee shall indemnify and save harmless the City of Wheat Ridge, its officers, agents, and employees from any and all loss, costs, attorney's fees, damages, expenses, or liability which may result from or arise out of the granting of such permit, and the installation and maintenance of each bench for which a permit is issued. The permittee shall pay any and all loss or damage which 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 permittee at its 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 blanket bond or policy covering all benches of the permittee shall be of the type where coverage shall automatically be restored after the occu-rrance of any accident or loss from which liability may thereafter occur. The limit of liability upon any bend or policy so posted shall in no case be less than $15,000 for death or injury of one person, and $5,000 for property damage. Any bond shall be accompanied by good and sufficient sureties approved by the City of Wheat Ridge. The City shall notify the permittee of any claim of which the City has notice where such claim arises from the installation and maintenance of any bench as herein provided. Sec. 4A-14. Other Requirements. In addition to the permit fee as set forth in Section 4 of this Chapter, the permittee shall also be required to obtain a sign contractor's license, as provided for in Section 19A-6 of the Code of the City of Wheat Ridge. ORDINANCE NO. 367 PAGE FIVE Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge; that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to these objectives. Section 3. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment sh-11 not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. Section 4. This ordinance shall take effect 1 _ dai- after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a ••ote of 6 to 0 on this 22nd day of October , 1979; ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for November 19 , 1979, at 7:30 o'clock p .m., at Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a vote of 7 to 1 this 19th day of November , 1979. SIGNED by the Mayor on this ZjAe day of November 1979. Frank Stites; Mayor ATTEST: Carol Hampf, Ci C e lst Publication October 25. 1979 2nd Publication November 29, 1979 Effective Date November 30, 1979 APPROVED AS TO FORM BY OFFICE OF CITY ATTORNEY: