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HomeMy WebLinkAboutOrdinance-1987-0710INTRODUCED BY COUNCILMEMBER MERK Ordinance No. __710 Series of 1986 TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, CHAPTER 4.A. COURTESY BENCHES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF I'IHEAT RIDGE, COLORADO: Section 1. Wheat Ridge Code of Laws, Chapter 4A is hereby amended as follows: "Sec. 4A-1. Definitions. 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 with 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 roadway, and ten (10) feet from the RTD sign perpendicular from the roadway. Sec. 4A-2. Permit Required. No courtesy bench shall be installed or maintained by any person, corporation, or organization without first obtaining a permit from the building division of the City of Ifteat 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 provided by the building inspector, and any other materials which may be required 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 '-larch 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 G1arch. 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 Parch 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 shall be accompanied by a fee of twenty five dollars ($25.00) each bench. No refunds or rebates shall be made upon revocation, termination or expiration of the permits. ORDINANCE NO. 710 ` -2- Sec. 4A-5. Sane 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 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 foliowinq 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 pernittee or applicant in the application. (5) For failure by the perrnittee or applicant to maintain in full force and effect the necessary indemnity bond or evidance of public liability insurance as required by this chapter. (4) Where a finding is made that the location or maintenance of a bench at a specified or proposed location shall be deemed to be a hazard to pedestrians or vehicular traffic, or prejudicial to the interest of the general public. (c) In the event a courtesy bench permit is revoked for any courtesy bench, notice shall be sent by certified mail to thepermittee as listed in the most recent application or re-application for permit. Within thirty (30) days after the notice is sent the permittee shall remove or cause to have removed the particular courtesy bench or benches pursuant to the notice, the City shall have the immediate right to have the courtesy bench or benches removed at the expense of the pernittee. The revocation of a courtesy bench permit shall apply only to the bench or benches r.-hich are e;<pressiy listed in the notice. Sec. 4A-7. Sarre Inspection, Approval, and Expiration. After placement of the benches pursuant to the permit, the perrnittee 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 perroit, the pernit will be considered expired and any bench which had been placed shall be removed within fifteen (15) days thereafter. If the inspector fails to approve the courtesy bench :after inspection, a written notice of reasons for the disapproval shall be given to the perrnittee. 41ithin fifteen (15) days thereafter, the perrnittee shall correct the reasons for disapproval or remove the bench. Soc. 4A-3. Coordination with other facilities. There shall be only two benches per bus stop. Applications for pernits for benches at bus stops will not be approved for locations with existing or proposed bus stop shelters. Sec.-4;-%-9. Identified io ORDINANCE NO. 710 -3- Each courtesy bench which is placed within the City of l'lheat Ridge shall be identified with the name of the oviner, regardless of whether the owner is a person, business association, or no- 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. Specification 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 Ibs.), or must be anchored/secured in sufficient manner to prevent movement. (b) Benches for bus stops shall be located only at designated bus stops with 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. The bench company will be required to maintain and clean the area under and within a five (5) foot perimeter of the bench. (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 of the bench is more than a 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 sc,fety. All be=nches shall be kept at all times in a safe, clean, and usable condition and each bench shail be accessible at all times. The permittee shall be responsible for riaintaining and keeping the area, under and within five (5) feet of their, courtesy bench free of litter and trash. (d) Benches at bus stops which do not contain any advertising matter shall be allowed in all zone districts. Benches without advertising shall not be subject to assessment of a permit fee, and may have a courtesy plaque, no larger than forty-eight (48) square inches, announcing the name of the person, organization, or company responsible for placement of the courtesy bench. Benches which contain advertising matter shall be permitted, by right, only in the following zone districts: 1. Commercial series (RC-1, R-C, C-1, C-2, PCD) 2. Industrial (P(D) 3. i-lu I t i f am i l y (P-3, R-3A, PRD ) 4. Hospital (H-1, H-2) For every five (5) benches allowed with advertising each bench company shall provide (1) bench without advertising in a zone other than -those listed abova. The City of 11Iheat Ridge specifically finds that exclusion of benches containing advertising from the A-1, A-2, R-1, R-1A, R- ORDINANCE NO. 710 -4- 1C,R-2,and R-2A zone districts within the City is necessary to preserve the easthetic character and integrity of the predominantly single-family residential homes and neighborhoods established therein. Because the need for benches exists within said enumerated predominantly single- far,iiy areas, provided said benches do not denigrate the aesthetic characteristics thereof through the presence of advertising thereon, it is required that for every five ed benches allowed with advertising within the commercial, industrial, multi-family and hospital series Identified above, each bench company shall provide one bench without advertising in one of the predominantly single-family resiedentiai enumerated in this paragraph. Sec. 4A-11. Advertising. Advertising material which is contained on benches shall be displayed only upon the front surface of the backrest of ne bench. All advertising material, words, pictures, or other signs which might mislead or distract traffic such that it becomes a hazard to public safety, are prohibited. Sec. 41,-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 nail shall be sent to the owner of the bench, as identified in Section 9 of this Chapter, informing hire that the bench must be removed. The bench shall be removed by the permittee within thirty (30) 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 bo obtained by subnitting a new application for permit, a new site plan, and an additional foe to the building inspector. Sec. 4A-13. Indemnity to 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 11heat Ridge a bond or policy of public liability insurance approved by the City and conditioned substantially as provided for herein. The perrittee 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, onu blanket bond or policy covering all benches of the permittee shall be of the type where coverage shall automatically be restored after the occurrence of any accident or loss from which liability may thereafter occur. The limit of liability upon any bond or policy so posted shall in no case be less than three hundred thousand dollars (5300,000) per accidnet, one hundred thousand dollars (5100,000) per person and fifty thousand dollars (550,000) for property damage. Sec. 4?.-14. Other Requirements. In addition to the pOrrait fee as set forth in Section 4 of this Chapter, the permittee shall also be required to obtain a sign contrac-tor's license, as provided for in Section 19A-6 of the Code of the City of 11heat Ridge." Section 2 1Vheat Ridge Code of Laws, Chapter 4A is hereby amended by the addition of a new Section 4A-15 Exemptions, as foIIo4rs: ORDINANCE NO. 710 -5- Sec. 4A-15. Exemptions. The City of 11heat Ridge and the regional transportation district is hereby exempt from application of the provisions of this chapter- 4A. 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 judginent shall not affect application to other persons or circumstance. Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of 1.1heat 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 the proper legislativeobject sought to be attained. Section 5. This ordinance shall take effect one (1) day after final publication. IidTRODUCED,READ, AND ADOPTED on a first reading by a vote of _ 8 to 0 _ on th is _8t1?____ day of December - - 1986, 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 _January 12____________ 1937 at 7:30 o'clock p.m., in the Council Chambers, 7500 'Test 29th Avenue, '.;heat Ridge, Colorado Postponed to February 9, 1987. READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a vote of to --0- this _ 9th__ day of FQl-rjArv-_ 1937. SIGHED by the Mayor on this --10th day of February---__ 1937. Frank Stites, Mayor ATTEST: 1. ' - - - - - - - - - - Wanda Sang, City CIQ'rk 1st Publication: December 11, 1986 APPROVED AS TO FORK' BY 2nd Publication: February 19, 1987 OFFICE F CiTY ATTORNIEY: llheat Ridge Sentinel: Effective Date: February 20,_1987 i ~ Joh E. Hayes