HomeMy WebLinkAboutORDINANCE NO. 9224~~
ORDIP1APiCE N0. 922
AP~1 UNllIPd~CNCE REGUl'~~`T~iG APJD LICEt•15IP?C TIiL' INS^1AI~LATION A.T1D R~IAINT%P1A~1CE OF EEP1Ci~S
CONTAIPdING AI3VLR~L'ISIPIG T~'dJ:TFiIP1 CERTAIPI ~:kEP.S OF T~iE CITl OF EUGEl`1E, Alip ESTABLISHING LICENSE
FEES THER1i.FOR.
TiiE CITY !~F EUGEPIE ICES `JkDAIPt t~S FOLLOti~1S
Except as herein expressly provided it. sha i_1 be unlawful for any person to obstruct
any Gtreet or sidev~ralk within the lim=ts of the City of l;ugene by leaving, to x'emain longer
t4han two (2) hours, any merchandise, boxes, bundling materials, household goods, or any
other th ing or article (whether of like or different kind or character), which may prevent
free passage over any }part of such street or sidewalk. Provided, (a) that nothing in this
section shall be so construed as to preclude the right of builders to make use of so much
of street or ~~.lk, no+., to exceed one-half the wid+_h, as may be necessary for use in the
construction of any building then in process of erection and abutting on any such street
or :nralk. FurtY~r provided, (b) that it ,shall be hvrfui to place and mair_tain on sidewalks
or sidewalk parking strips of .the cit;r~ benches for the free use and accommodate on of per=
sons awaiting transportation, and vrhereon may ba displayed the name, address and character
of business, calling or enterprise of any person, firm, or institution, a.rd the City Manager
is hereby authorized to grant permits therefor, said permits shall be for a period of one
(1) year or fraction thereof and shall expire at the end of the fiscal year, subject, never-
theless, to strict observance of, and compliance with, the follovring conditions;
(1) Before the issuance of any such Permit; the written, and signed approval of the
ol~rner, lessee and~or tenant of the property abutting; the location of each such bench shall be
obtained arad filed vrith the City P~,Zanager together with t..he written application of the appli-
cant and accompanied by a sketch of the proposed bench, shovring its size, design and pro-
posed )_ocation. `lie approval of said otivner, lessee or tenant, shall apply only during the
life of said cw~.mership, lease or tenancy. Upon a transfer of ownership, change of lessee or
tenant, nevr vrritten, signed approval shr~l_1 be obtained and filed vrith the City PfTanager.
The City P~anager may either deny or allow such permet, as in his discretion shall appear to the
best interest of public safety and convenience . In case the City U?anager shall deny an~T
such hermit, he shall make and keep in the recordG of his office a brief written statement .
of the reasons for such denial, and upon request shall furnish the applicant with a copy
thereof, and such applicant may, v~rithin theirty (30) days after receipt of such notice; appeal
to the City Council from the ruling of. the City j.~anager, and if he fails so to do, the de-
cesion of the City Pe~anager shal_1 he deemed final.
(2) DTo bench shall be more than i~2 inches high, nor more than 2 feet 6 inches wide,
nor more thin ~ feet _l_ong overall.
(3) Before installing any such 3~ench or benches, the applicant shall obtain and lodge
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vrith the City IlZanager as to all such benches an indemnity bond grid/or insurance policy issued
by a reliable bonding or insurance cornnany conditeonedthat the City of Eugene the abutting
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property owner of ovrners a_nd tenants shall }.~e held harmless as respects any claim or claims
for damages to persons or property that might result through the p1Gci ng and/or maintenance
of such bench or benches, the amount of such bond or inst:rance polic;* to depend upon the
number of bench permits covered thereby in accordance Frith the follovrinG schedule:
From 1 to 10 bench permits ~` j,000 & x`10,000
From 11 to >U bench permits 10,000 ~C ~a20,000
From 51 to 100 bench permi is 20,000 ~ ~~t0,000
Over, 100 permits X0,00 °~ x:100,000
(1~) All such benches shall be kept and maintained in good and substantial state of
repair, and shall be painted frequently enough to keep them sightly and attractive.
(5) Fvery application for a p~:rrtit to install an;T such ber_ch shall be accompanied by a
fee of ~ 2,~0, which shall cover the whole or remainder of the then current fiscal year, there-
after on the first day of July in each ~*ear the permittee shall pa~T an annual license fee of
X2.50 for each bench in service on that date, or during the preceding thirty days. The fee'
herein established shall be in lieu of an~* and all other license fees, including the fees
established by Ordinance Pdo. 1717.
(6) No such bench shall be installed or maintained within the residential districts of
the City of Dug~ne .
(7) It shall be unlawful to place or krioxvin~;ly permit to remain or any such bench a.ny
writing, inscription, sign, symbol, illustration, or matter of th ing of vrhatsoever kind,or
nature, which is of an obscene, indecent, offensive, or unsightly character; and all persons
responsible for the installation and/or maintenance of any such bench are hereby charged with
the duty of :.eeping such bonch unblemished and free of offensive matter or thi.n~;, and for
failure so to do the permit issued for such bench. shall be subject to summa ry cancellation
by the City i~ianager (sub jec+~ to appeal to the Council i n time and manner as provided in
paragraph (1) hereofa P1o advertisement or sign. on any bench shall display the words "Stop",
"Look", "Drive ..n", "Danger!' or an,y otti~.^r wcrd, phrase symbol, or character calculated to
interfere vrith, mislead, or c?i_stract traffic.
(£i) Any per:^i.t `ranted under the provisions of +l~is article may be revoked, or renewal
thereof denied, for an~* vioJ_ation of ant of the provisions of this ~?rticle for any fraud or
misrepresentation in the appl_~_cation, ox' .fcr an~T reason vrhi_ch wculd ha~re been Ground for
den~_al of t'~ app~_icat inn, if th:; u~.butting c~~mer ,~ri thdra~:vs his consent to the cnnti Hued
.a_;ntorance o- any bench Gnd gives ~rrritten notice thereof to the City Manager, then C-,.t the
e~-pirati on of the c~.trrent term of there°rr1;.t, a renewal of the permit shall he denied. any
per::.i ~ issued under this article shall. be cancelled and revoked if the permittee shall fail
to insta)_l the bench vr? thin sixty days after the d~a.te of the i.s seance of the permit. The
application s"?.L ~~e cancelled and denied, or the permit revoked, as the case may be, if a
majorit~,~ of the property owners ardj or tenants livinG or hav_ng a place of business .ti-ithin
200 feet of the location of said bench or benches, protest the same.
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(9) Upon the terminat_on of an,,T s~-tc:~ ~:errnit, v~;ether b~T lapse of t~me-or for any other
reason, tl7e ~~crs~;n or persons responsible for tk~e installation and/or maintenance of ,such
bench, sha~1 at his or their o1^m sole risk and expense, remove such bench, and shall lea-vo
the site thereof in a clean ~:nc3. sightly cond-i_tion, any? in as good state o~ repair as the
same vras in v~hen such installation v, as made, all in a manner sati sfactory to the City ~ian-
alter. if the permittee shall f~.il_ tc remove any such bench within twenty (20) days after
the tenninatien cf such t~r+~it, the City of Eugene ma;;r remove such bench from the street
area and ma-;~ destroy or other^rrise dispose of such bench at its discretion, all at the sole
risk of the permittee, and he shall pay to the Ci ty of Eugene a penalt,~ of ~~.00 to cover
the cost of such removal, all this in additi en to ar~~ -ether remedy provided by laz~* for the
vi elation of this art,~..clc
Passed by the Common Council t~iis
27th dater o_f. September, 148.
Approved b1T the r~~.ayor t his
28th da.`r of September, 19!8.
/s/ Henry F. Be istel _
City Heco.rc?er
/s/ Earl L . It2cA;utt
n2ayor