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5.08. 010 Definitions.

As used in this chapter:

"Advertising bench" is to be a seat located upon public property along any transportation, on which advertising is displayed in accordance with the provisions of this chapter.

"Street" is any public thoroughfare, or way, including the sidewalk, the parkway and any public property bordering upon a public way. (Prior code § 3-3)

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5.08. 020 Location restrictions.

It is unlawful to install, erect, or maintain any such bench in any of the following locations:

A. In any alley;

B. At any place where the distance from the face of the curb to the property line is less than eight feet;

C. On any street or highway except at an established bus stop;

D. At any place or places which the city council may from time to time specify.

A violation of this section shall be an infraction. (Prior code § 3-3.1)

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5.08. 030 Permit required.

A. It is unlawful for any person, firm or corporation to install, erect or maintain any such bench in the city without first securing a license therefor as set forth in Section 5.04.200, Classification "A", Group 15.

B. A permit must be obtained from the city council for each bench, pursuant to procedures set forth in Chapter 5.64 and not more than two such benches shall be allowed for any one location.

C. No such permit shall be issued except upon written application to the city council showing proposed location of each bench, the advertising, if any, to appear thereon, and such other information as the council may require. Details, plans and specifications of each such bench must be supplied by the applicant. No installation will be permitted which will cause damage to the property of the city.

D. No permit shall be issued if the city council shall find that the maintenance of the bench would tend to obstruct the passage along any public way, or create a hazard, or would otherwise be detrimental to the public safety, welfare or convenience.

E. A violation of this section shall be an infraction. (Prior code § 3-3.2)

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5.08. 040 Permit revocation.

Any permit may be revoked or renewal thereof denied for any violation of any of the provisions of this chapter, for any fraud or misrepresentation in this application or any reason, by the city council. If any permit is revoked or renewal thereof denied in accordance with the provisions of this chapter, the permittee shall remove the bench from public property within ten days from the date he is so ordered, or the city shall remove and store the bench at the permittee's expense.

Any permit issued under this chapter shall be canceled and revoked if the permittee fails to install such bench within sixty (60) days after the date of issuance of the permit. (Prior code § 3-3.3)

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5.08. 050 Construction.

A. Each bench shall be constructed to comply with City of Hermosa Beach Standard Plan No. .

B. No such bench shall be more than twenty (20) inches high, nor more than eighteen (18) inches wide, nor more than eight feet long overall.

C. Each such bench shall be backless and composed of three two-by-six foot wooden planks on permanent slumpstone bases. (Prior code § 3-3.4)

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5.08. 060 Maintenance of benches.

It shall be the duty of the permittee to maintain each such bench at all times in safe condition and its proper lawful location, and to inspect each such bench periodically. (Prior code § 3-3.5)

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5.08. 070 Advertising display on benches.

It is unlawful to display any advertising matter, or sign on any bench other than Courtesy of (Name of Business)"on the front surface area of the two-by-six plank nearest to the curb. Not more than fifty (50) percent of such surface shall be used for such purpose, and such advertising shall not extend above or below the actual thickness of the seat plank.

A violation of this section shall be an infraction. (Prior code § 3-3.6)

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5.08. 080 Supervision of erection and maintenance.

The department of public works shall supervise the maintenance and erection of all benches licensed hereunder. (Prior code § 3-3.7)

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5.08. 090 Location of benches.

The city council shall designate locations where such benches shall be erected and reserve the right to change, alter, or amend designation of said location as public convenience and necessity may from time to time require. (Prior code § 3-3.8)

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5.08. 100 Indemnity agreement for bench permit.

No advertising bench permit shall be issued hereunder unless applicant shall post with the city treasurer a public liability bond approved by the city council.

Such public liability bond shall provide that the permittee will indemnify and save harmless the city, its officers, agents and employees from any loss, cost, damages or expense which may result or arise out of granting the permit on the existence, installation or maintenance of the advertising bench for which the permit is issued, and that permittee will pay all loss or damage that may arise out of such existence, installation or maintenance. The said insurance policy shall be maintained in its original amount by the permittee at his, their or its own expense, at all times during the period for which the policy is in effect. One such policy may be furnished to cover two or more benches, and if policy of insurance shall be of such type, coverage shall be automatically restored immediately from and after the report of any accident from which liability shall thereafter occur. (Prior code § 3-3.9)

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5.08. 110 City street banner program.

A. The city may install and maintain decorative street banners on public street lamp posts, utility poles and similar structures.

B. Decorative street banners shall be placed in locations determined by the city and shall be displayed for a period as provided under the city council approved banner program.

C. The design and construction of decorative street banners shall be provided for by the city through the city council approved banner program.

D. Commercial enterprises may sponsor decorative street banners in the city council approved banner program by payment, to the city, of an amount set by resolution of the city council. In consideration of such payment, the city may include on a decorative street banner the name and/or trademark of the sponsoring commercial enterprise.

E. For the purpose of this section, a "banner" is a temporary sign constructed of cloth, canvas or a light fabric intended for identification purposes.

F. For the purpose of this section, a "commercial enterprise" is an institution, business or enterprise conducted for profit.

G. For the purpose of this section, a "decorative street banner" is a banner of such material, size and design as selected by the city. (Ord. 96-1151 § 2, 1996; prior code § 3-3.10)

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