1951-3.261,111/~/vu"~ Uli~~ ~~G~~J i
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ORDTNANGE N0. 3;261
AN ORDINANCE TO PERNCCT AND. PROVIDE FOR THE INSTALLATION A~1]3
MAINTENANCE OF BENCHES ON PUBLIC WALIf~ AB717 WAYS, AND FOR
TIC REGULATION THEREOF. ~ •
The Village Council of the Village of Richfield do ord2in •ee~ fol~:cwss
SECTION 1. Any peason~ firm ar aorporation~d®siring to p1:aGe,and main-
tain one or rare courtesy benches for the cond•enience of pe~s~ns+ waiting
for street oars and buses fit any place in •tli~ Village of Richfield, upon
tl~ public streets of the village; may be graflted a permit.therefor upon
the following conditiansf .
(a) .The person, f3.rm ar co~po~ation desiring such permit o~~ p®~-4a3.ts,
shall, make written appl3cat3:~-n to the Building Inspector shdraing the
r~que~ted ~aoatich afid deta$led plans and specifications of each proposed
bench,, the name and address of the applicant, and such other informat~.on
as may be requ~.red in an application form to b® prepared by the Build..
atrig T.rispe ctar and Village Attorney.
(b) Each application shall be accompanied by writing 3.n suoh form
as the Village Attorney shall roquire, signed by the owners or lessees
of the property abutting the street upon which each bench is proposed
to be located, giving .such o~tners or lessees consent to the installation
and maintenance of suoh 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 Txeasurer for eaoh such bench.
(d) If the application be granted an additional perm3.t fee of two
dollars 02.001 shall be paid to the Vi13a ge Treasurer far each benah~
at the time the permit is issued.
(e) All permits shall expire as of the first day of January next
following the date of issuance thereof, unless renewed. At least thirty
(30) days prior to the expiration of azy permit, the holder may make
written application for renewal thereof, accompanied by the two ctolla~
02.00) permit fees. If plans and specifications of the bench or adver-
tising matter or location of the bench are not to be changed, the applica-
tion for renews]. shall be sufficient if the applicant gives his name
and address and location and number of the bench for which renewal
permit is desired.If the or3.ginal consent of the owner of the land ar
lessee upon the premises abutting that portion of the street where the
bench is located granting to the permit 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 permit has been issued is sold or
title or control thereof transferred or assigned a new permit shat.]. be
required and obtained for its maintenance.
(g) If the application is far permits for more than one bench at the
_ _ same or d.fferent_ 1.oca~i.ons, a_ separate number amd pex~.t shall, vahen
issued be assigned and granted far each bench authorized to be•installed,
but each such permit issued shall be valid only for the particular
location designated therein.
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sECTIa~ 2.
No permit shall be issued for the instillation or maintenance
of any such bench
{a) In any alley
(b) At any location where the distance from the face of the curb
to the inside sidewalk line is less than e3.ght (8) feet;
{c} At arty location distant mare than fifty (~0) feet from the
nearest point of intersection with a street, unless the Building Inspects r
shall direct change of location.
SECTION 3.
(a) The application for maintenance of any bench shall be denied
if the Building Inspector 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 permit may be revoked or the application for renewal there-
of denied, for failure to comply with the provisions of this ordinance,
or for misrepresentation of any material facts in the application or far
reason which would have been ground for denial of the original. application
or where, in the 3udgment of the Village Council or the Building Inspec.-
tor,maintsnance has become inappropriate. No revocation or denial shall
be made arbitrarily or inequitably as between different app].3.cants.
(c) If the owner, or lessee, shall by writ3.ng filed with the
Building Inspector on or before the first day of April preceding the
expiration of any license, withdraw his consent to the renewal thereof
after such expiration, the Building Inspector shall promptly notify
the permit holder of the filing of s~.ch writing and shall deny the re-
newal of such permit unless and until such owner, or person in possession
or control shall in writing consent to such renewal permit being issued.
SECTION ~..
(a) When a permit is issued each such courtesy bench shall be in-
stalled para21.e1 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 (!~2) inches high nor
more than thirty (30) inches wide or seven (7) feet long ~v~sr a13.,
(c} Eaeh bench shall have displayed thereon, in a conspicuous
place, the permit number.
{d) It shall be the duty of the. permit holder 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 b® 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.
SECTION ~, (a) No advertising matter or Qign shall be displayed
upon any bench except only upon: the front and ~+ear surfaces of the back-
rest. No .liquor, beer, obscene immoral or indecent advertising ar legal
ar political advertising of any character shall be permitted, and all
advertising shall be sub3ect to the approval. of the Village Council.
{b) No advertising matter or sign on arty bench shall. display tl
words, "STOP, ~~ ~iL00~", 'DRIVE TNT+, ~'DANGER~', or any other ward, phrai
or symbol which might 3.nterfere with, mislead, or distract, traffic.
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SECT ION 6.
(a) Upon the revocation or expiration of any permit without re-
newal, if the perm: t holder fails promptly to remove a bench, the Build-
ing Inspector may do so within ten (10} days after written notice given
by mail directed to the adress of the permit halder on file, and if the
permit holder shall fail to pay the cost of removal and storage thereof
within a period of sixty (b0) days after the giving of such notic®, the
permit holders rights .n such bench shall be forfeit, but such forfeit-
ure shall not excuse the permit ho7.der from the payment of the cost of
removal and storage of~such bench.
SECTION 7.
{a) Before a permit shall be issued, the applicant shall post or
maintain with the Village Council a bond or policy of public ~,iability
insurance approved by the Village Attorney and conditioned substantially
as followss that the permit holder will indemnify and save harmless the
Village of Richfield, its officers, agents, and employees from arty and
a11. 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, regardless
of the po3.nt to which such bench or benches may be moved within the
Village of Richfield with or without the consent of the permit holder,
and that the permit holder will pay any and all of loss or damages 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 permit
holder at his 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 permit holder, one such bond or policy of insurance may be fury
Wished to cover two or more benches, and each bond or policy shall be
of a type which coverage sha11 automatically be restored immediately
after the occurrence of any accident 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 (~25,OO0}
dollars for a loss, bod-±ly injuries to or death accuring to one person
or arising out of ~y one accident.
SECTION 8.
All applications for perr~3ts, when approved by the Building
Inspector shall bo presented to the Village Manager, who shall pass
upon the proposed location of such bench. If it clearly appears 'that
the bench will not violate ~ e ordinances of this Village or threaten
the health, safety, or~~er, convenience or general welfare, he shall
approve the same and endor$e his approval of said appl3.catiom. In all
other cases, he sha11 submit the question of approval of location to
the Village .Council, who may approve such proposed location by a
majority vote of the members of the Council. Upon compliance with the
terms of tl~.s ord~.ia.a,nee and upon approval of location, the Building
Inspector shall issue a permit for the ins lotion of such bench, or
a renewal of such permit.
As passed by the Council this 11th day of June 1951.
Attest; C, Baglien Clarence Christian, Mayor
Deputy Clerk
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