(a) A permit shall not be issued for any bench unless the location satisfies each of the following requirements:

(1) No new bus bench may be placed at any location other than a posted bus stop at which a bus regularly stops and for which the Metropolitan Transit Authority has made a written request for a bench.

(2) Benches shall be located at least two (2) feet from the curb and shall be placed so as not to obstruct pedestrian traffic flow or the cleaning of snow, ice, or debris from sidewalks.

(3) Benches shall be placed as close as possible to the posted bus stop, provided that no bus bench shall be placed more than twenty (20) feet away from the posted bus stop.

(4) All benches shall be placed facing the street on which the stop is located and shall be placed parallel to the curb to the greatest degree practical.

(5) No bench shall be positioned in such a manner that it creates a negative traffic impact.

(6) No bench shall be placed at any bus stop where a permanent bus shelter is also located.

(7) No location shall have more than one (1) bus bench.

(b) Whenever a location ceases to be a posted bus stop at which a bus regularly stops, then the licensee shall remove the bench within thirty (30) days of written notification from the City Engineer.

(c) If an existing bench is removed, such bench shall not be replaced or relocated to another location unless the new bench and location meets all of the requirements of this code.

(a) Any person desiring a license and permit to install and maintain any bench under this article shall submit to the city engineer a written application, which application shall set forth the dimensions, design and intended location of the bench. The license and each permit shall be for a period of one year commencing April 1, provided that the city council may consider applications for additional locations at any time with the approval of locations to terminate on April 1.

(b) Upon receiving a request for a bench location from the Metropolitan Transit Authority and an application for such bench, the city engineer shall send notice and an opportunity to comment to all property owners within two hundred fifty (250) feet of the proposed location, and to the recognized neighborhood association, if any, for the area in which the bench would be located.

(c) Before issuing a permit for any location, the city council shall consider any objections or comments concerning the proposed bench location.

(d) Permits for individual locations of benches shall be issued according to priority in the date of filing applications, provided that all the requirements of this Code are fulfilled, except that a licensee who applies for renewal before expiration of an old permit shall be granted priority over a new permit for the same location.

(e) Each bench on public property shall display a valid areaway permit license, issued by the engineering department, and shall display the name and current phone number of the licensee. It shall be the responsibility of the owner of the bench to affix the areaway permit and notice of the licensee's name and phone number to the bench as directed by the city engineer or the city engineer's representative.

(f) Any permit granted under this article may be renewed upon the expiration thereof by payment of the annual permit fee and the annual areaway fee as set forth in section 102-415 of this article, provided that the licensee, the location and the condition of the bench continue to comply with all the terms and conditions of this article.

(a) The bench shall be a minimum of six (6) feet and a maximum of eight (8) feet in length, shall not exceed forty-two (42) inches in height or thirty (30) inches in depth, and shall have a minimum seat height of sixteen (16) inches.

(b) The bench shall be of heavy construction, weighing not less than four hundred (400) pounds.

(c) The end pieces and legs of the bench shall be constructed of concrete or solid metal.

(d) The seat and backrest of the bench shall be constructed of hardwood or plywood with a minimum thickness of three-fourths-inch for the backrest and one and one-half inches for the seat, or other material satisfactory to and approved by the city engineer.

(e) The several parts of the bench shall be joined by stainless steel screws and countersunk bolts of three-eighths-inch or greater diameter, or other durable fasteners approved by the city engineer.

(f) No nails or wire may be used for temporary or permanent repair of the several parts of the benches.

(g) The bench shall be placed on a paved surface, consisting of paving bricks, paving block, concrete, or other durable material approved by the city engineer, such paved surface to extend a minimum of two (2) feet in front of the bench along the full length of the bench.

(h) The area between the bench and the bus loading area shall be paved with durable material and shall be wheelchair accessible in a manner approved by the city engineer.

(i) Any currently permitted bench that does not comply with the requirements of this section shall be made to comply, or shall be replaced by a bench that does comply, by December 31, 2003.

(a) All surfaces of all benches shall be kept free of splinters, sharp edges or protrusions and shall be maintained in a smooth and well-painted condition at all times.

(b) The licensee shall remove accumulated snow from the surface of the bench, an area a minimum of two (2) feet wide immediately in front of the bench, and an area a minimum of three (3) feet wide from the bench to the street curb, within forty-eight (48) hours of the end of the snowfall.

(c) If the area immediately in front of the bench is not paved and becomes worn and muddy, upon notification by the city engineer the licensee shall cause paving bricks, paving block, concrete, or other durable material approved by the city engineer, to be placed in the worn area within thirty (30) days of such notification.

(d) Upon written notification from the Metropolitan Transit Authority that a bus bench location is regularly used by a person or persons in a wheelchair, the city engineer shall send a written notification to the licensee directing the licensee to make the area between the bus bench and the bus loading area wheelchair accessible. Within thirty (30) days of such notification, the licensee shall cause the area between the bus bench and the bus loading area to be paved with durable material and wheelchair accessible in a manner approved by the city engineer.

Only such advertising matter shall be placed on benches that is ordinarily displayed in other advertising mediums. No bench shall display obscene statements, words or pictures. The word "obscene" shall have the meaning set out in chapter 70 of this Code. No beer or alcoholic beverages or nightclubs or taverns shall be advertised. No signs or words which shall confuse or distract traffic shall be placed on any bench. Advertising shall only be placed on the backrest of the bench, facing the street, and not on the ends of the bench nor the property side of the backrest.

If the owner of the frontage upon the street within a radius of two hundred fifty (250) feet from the location of any bench files a written objection with the city clerk stating that the business will be or is adversely affected by such bench, or if any recognized neighborhood association files a written objection with the city clerk for any bench located within or adjacent to the neighborhood association boundaries, the city council may, after notice and public hearing as provided in Sec. 102-426, in its discretion, revoke the permit for the bench and order the licensee to remove the bench within thirty (30) days. If the licensee fails to remove the bench within the 30-day period, the bench shall be removed in accordance with section 102-427 of this article.

(a) The city council may in its discretion after notice and public hearing order the removal of any bench from any location whenever the permit is in violation of any ordinance or regulation of any of the sections of this Code or any other law or ordinance or for any other reason in the public interest; provided, however, that the city council shall give the licensee a period of thirty (30) days in which to complete the removal.

(b) At least ten (10) days prior to the hearing required under this section, the city engineer shall send by certified mail with return receipt a written notice to the address of the responsible person designated in the application for the license. The notice shall state the address and telephone number of the city engineer; the basis for the proposed permit revocation; and the date, time and place of the hearing.

(c) Any licensee whose permit for a bench location is revoked prior to the termination of the one-year period for which a permit fee is paid in accordance with section 102-415 of this article shall be entitled to a refund computed on the basis of 1/12 of the annual fees for the permit, multiplied by the number of unexpired months of the year.

Upon the failure of the licensee to remove any bench upon expiration or revocation of the permit for such bench pursuant to this article, the city engineer may remove such bench and charge to the licensee the cost of removal and storage. Upon the failure of the licensee to pay the costs of removal and storage within thirty (30) days of billing, the city engineer may sell the bench and apply the proceeds to the cost of sale, storage and removal and shall return the balance, if any, to the licensee.

(1) For trash containers, $15.00.

(2) For public benches with advertising, $25.00 effective April 1, 2002; $50.00 effective April 1, 2003; $75.00 effective April 1, 2004; and $100.00 effective April 1, 2005.

(3) For all other encroachments, $10.00.

Preston A. Daniels, Mayor

Attest:

I, Donna V. Boetel-Baker, City Clerk of the City of Des Moines, Iowa, hereby certify that the above and foregoing is a true copy of an ordinance (Roll Call No. 02-1418), passed by the City Council of said City at a meeting held June 3, 2002 signed by the Mayor on June 3, 2002 and published as provided by law in the Business Record on June 17, 2002 Authorized by Publication Order No. 3281.

Donna V. Boetel-Baker, City Clerk