Chapter 12.58 - BUS BENCHES OR SHELTERS

12.58.010 - Placement.#

A.

It is unlawful for any person, firm or corporation to place any bus bench or shelter anywhere within the city without approval from the city.

B.

Placement of any bus bench or shelter in any residential zone shall require the express approval of the city council.

C.

Placement of any bus bench or shelter in business or industrial zones shall be through contractual agreement with the city, as approved by the city council.

(Ord. 97-12 § 1 (part))

12.58.020 - Removal.#

A.

The city may remove any bus bench or shelter placed wholly or partly within the public right-of-way or on any public property contrary to the provisions of this chapter.

B.

The city may require the removal, within ten (10) days of notice by the city, of any bus bench or shelter placed wholly upon private property contrary to the provisions of this chapter provided that written notice is given either in person or sent by registered mail to the property owner.

C.

If the property owner fails to remove the bus bench or shelter upon receipt of notice, the same shall be considered a nuisance and the city shall have recourse to law to abate such nuisance.

(Ord. 97-12 § 1 (part))

12.58.030 - Maintenance.#

A.

All bus benches or shelters shall be maintained by the owner on a routine basis and in a manner that will result in an attractive, safe and fully usable facility.

B.

The owner shall be responsible for maintaining the area, within a ten (10) foot radius (other than street surfaces) of the bench or shelter, free of debris and obstructions and shall provide a trash receptacle adjacent to the bench or shelter.

C.

The owner shall, an average of once every week:

1.

Clean (which may include high pressure washing) each bench or shelter, trash receptacle, and those portions of the sidewalk and curb and gutter within a ten (10) foot radius of the bench or shelter;

2.

Pick up and remove all trash and loose leaves, and clear snow within a ten (10) foot radius of the bench or shelter;

3.

Empty the trash receptacle adjacent to the bench or shelter;

4.

Remove all graffiti.

D.

The owner shall respond within twenty-four (24) hours of any request from the city to clean or service any bench, shelter or trash receptacle.

E.

The owner shall respond within two hours of notification by the city of any unsafe, emergency situation.

F.

Each bench or shelter shall display owner's name and phone number to facilitate service requests.

(Ord. 97-12 § 1 (part))

12.58.040 - Violation—Penalty.#

Any violations of the requirements of this chapter shall be punishable as a Class C misdemeanor. Each day shall constitute a separate offense.

(Ord. 97-12 § 1 (part))