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