Sec. 11-45. Benches, chairs, planters, and other street furniture on sidewalks and plazas.
(a) No person, firm or corporation shall erect, place or maintain any benches, chairs, planters or other street furniture on any publicly owned rights-of-way without first having obtained a permit from the city. The city manager, or designee, may issue a permit for the placement of benches, chairs, planters, or other street furniture at specified locations along publicly-owned rights-of-way on a sidewalk, sidewalk area, shoulder or plaza provided the following criteria are met:
(1) The use of benches, chairs, or planters, and other street furniture should be designed to enhance and blend in with the surroundings. Street furniture shall not be permitted if it endangers the public health and safety or prohibits pedestrian passage along the public right-of-way entrance to any establishment.
(2) The placement of street furniture must be within the four (4) feet closest to the building, with benches and planters placed flush against building fronts. The placement of furniture may not extend beyond the sidewalk or pedestrian way frontage of the associated business.
(3) No street furniture may be placed in any location whereby the clear, unobstructed space for the passageway of pedestrians is reduced to less than four (4) feet (as measured from the street edge of the sidewalk). Trees, poles, signs, hydrants, trash receptacles, tree grates, etc. are all considered obstructions.
(4) Street furniture shall not be anchored and must be easily removed from the public right-of-way.
(5) The owner is required to maintain the street furniture and the area surrounding its placement in a clean and safe condition.
(b) Application for a permit shall be made on forms provided by the city to the code enforcement office. The application shall be accompanied by information showing the type of furniture to be placed and its proposed location. In addition to any other applicable fees, an annual application fee shall be paid per site location for the placement of the street furniture. The amount of such fees shall be set forth in the city fee schedule.
(c) Permits issued for street furniture pursuant to this section shall be considered separate from permits and requirements for other right-of-way usage permits such as sidewalk cafes and sandwich board signs. The city manager, or designee, may limit the number of permits available at each business location.
(d) Permits issued pursuant to this section may be revoked due to public need of the right-of-way, non-compliance with the provisions of this section, or any other reason deemed sufficient to the city. If, upon revocation, the street furniture is not removed upon twenty-four (24) hours' notice, the city shall have the right to remove and dispose of such street furniture and may assess the property owner for the cost of such removal and disposal.
(e) The use of the term "street furniture" in this section shall include benches, chairs, planters, and other street furniture.
(Ord. of 1-20-98, § 1)