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Home My WebLink About2009-OR-55329 Ordinance 2009-OR- 55 330 331 The Jeffersonville Bench Billboard Beautification 332 And Safety Ordinance 333 334 Whereas, the Jeffersonville City Council is vested with the duty and obligation to 335 promulgate laws, ordinances and regulations that provide for the health, safety and well- 336 being of the citizens of the City; 337 Whereas, the express purpose of this Ordinance is to provide maximum visibility 338 at affected intersections, roads and highways, to prevent unreasonable distraction of 339 operators of motor vehicles, to prevent interference with the effectiveness of traffic 340 lights, signs or signals, to preserve and enhance the natural and scenic beauty or 341 aesthetic features of the affected areas of the City, and to promote the safety and 342 comfort of the users of the roads, highways and streets of Jeffersonville, Indiana; 343 Whereas, in order to achieve these goals the Jeffersonville City Council adopts 344 the following rules and regulations 345 Section One. Advertising Benches in the Public Right-of-Way. 346 (a) Request To Erect Advertising Bench In The City of Jeffersonville. Any 347 person desiring to place or maintain an advertising bench in the right-of-way must first 348 submit a request in writing to the office of the Mayor of the City of Jeffersonville, 349 Indiana. A copy of said request shall be submitted to the office of the Clerk of the City 350 of Jeffersonville as well as a copy shall be provided to the office of the Jeffersonville 18 351 Planning Director. 352 (b) Grant of Revocable Privilege To Erect Advertising Bench In The City of 353 Jeffersonville. The Board of Public Works of the City of Jeffersonville may grant 354 revocable minor street privileges for the maintenance of advertising benches in the 355 public right-of-way for use as seating by the general public, provided that all of the 356 following conditions are met: 357 (1) An advertising bench shall be placed only in a location wherein a bench that 358 has been purchased and paid for by the City of Jeffersonville and/or an authorized not- 359 for-profit organization has already placed a like bench. The location shall be such that 360 it affords convenient service to pedestrians, but which does not obstruct or interfere with 361 access to abutting properties, impede or endanger pedestrian, bicycle or vehicle traffic. 362 Accordingly, advertising benches may only be placed as follows: 363 a. In a manner wherein the front edge of the bench does not impede 364 pedestrian traffic and that the location of the bench does not interfere with the 365 sightline of motor vehicles nor does the bench location violate any state, local or 366 federal laws regarding access to public area. All benches shall be in alignment with 367 all other authorized street furniture; 368 b. In a manner such that the open area available for pedestrian traffic is not less 369 than three (3) feet behind the bench; In a way that does not block access to buses at 370 bus stops, fire escapes, fire hydrants, sidewalk access doors, traffic or street lighting 371 equipment, utility valve boxes or other utility equipment; 19 372 c. In a way that does not obstruct permanent building signage or building 373 display windows. 374 (2) The advertising displayed is consistent with the requirements for 375 advertising on adjacent private property, but in any case, is no larger than that 376 area wherein the words "City of Jeffersonville" are affixed to the bench that the 377 advertising bench is adjacent thereto. Moreover, said advertising bench shall be 378 the same color, construction and type as that bench that it is placed adjacent 379 thereto. (See Attached Exhibit "A"). 380 (3) The owner has paid to the city anon-refundable application fee of Fifty 381 Dollars ($50) for each advertising bench application submitted. 382 (5) The advertising bench is installed and maintained in a reasonable manner 383 such that it does not present as an eyesore, nor is in a state of disrepair or becomes a 384 danger to the public safety, convenience and welfare. 385 (6) The owner of the advertising bench has provided proof of liability insurance 386 naming the City of Jeffersonville as additional insured in an amount sufficient to protect 387 the city and the public from uncompensated loss from injury arising out of negligent or 388 otherwise improper installation or maintenance of benches. 389 (c) Violation of this ordinance shall result in a fine not greater than $2,500 nor 390 less than $500 for each occurrence and/or each bench owned and/or maintained by the 391 private party thereto. A person who places or maintains an advertising bench in the 392 right-of-way in violation of this ordinance shall be subject to a fine not greater than 20 393 $2,500 nor less than $100 for each day said violation occurs 394 (d) Issuance of Orders. The Board of Public Works may designate a person to 395 periodically inspect advertising benches and to issue orders as necessary to effect 396 compliance with this section and other applicable laws, ordinances, rules and 397 regulations. Orders may be personally served on the owner or sent to the owner at the 398 owner's address as stated on the application by certified United States Mail. If an order 399 sent by certified United States Mail is returned unclaimed, it shall then be sent by 400 regular United States Mail. If an owner fails to comply with an order within 30 days after 401 being served, and fails to request a hearing as set forth hereunder, the Board of Public 402 Works or its designee may remove any offending advertising benches from the public 403 right-of-way. Confiscated benches are forfeited to the city and will be destroyed. 404 (e) Hearing Procedure for Orders. 405 (1) Upon receipt of an order described in section (d) above, an owner shall have 406 ten days to request, in writing, a hearing before the Board of Public Works, on the issue 407 of compliance with the order. 408 (2) The hearing shall be conducted within ten days of receipt of a request for a 409 hearing. 410 (3) Upon receipt of a request for a hearing, the city shall take no further action 411 on the order that is the subject of the hearing until after the hearing is concluded and a 412 determination has been issued. 413 (4) The hearing shall be open to the public and may be informal; however, all 21 414 testimony shall be under oath. Alf interested parties shall have the opportunity to 415 present testimony at the hearing. 416 (5) Within ten days of the hearing, the Board of Public Works, or its designee, 417 shall issue a written determination upholding or rescinding the order. The determination 418 shall be sent to the owner who requested the hearing by certified United States Mail. If 419 the determination is returned unclaimed, it shall be sent by ordinary United States Mail. 420 (6) If the order is upheld, the owner shall have an additional 30 days from the 421 date of the decision in which to comply with the order. 422 (7) If an owner fails to comply with the order within the allotted time, the city 423 may remove any offending advertising benches from the public right-of-way. 424 Confiscated benches are forfeited to the city and will be destroyed. 425 (f) Application for Revocable Privileges for Erection of Advertising 426 Benches. The Board of Public Works or its designee may accept applications for the 427 revocable privileges for the placement of advertising benches, consistent with the terms 428 and conditions of this chapter. Where more than one application is received for the 429 placement of an advertising bench at the same location, a lottery system will be utilized. 430 New applications will be required each year. 431 (g) Promulgation of Regulations. The Board of Public Works or its designee 432 is authorized to promulgate additional regulations necessary to effectuate the purposes 433 of this chapter. 22 Severability Clause: Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be preempted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. This Ordinance shall be in full force and effect on January 1, 2011. r PJ f;; Voted For ~ ~` Vo '~gai t: L~ ~ . Passed this ~~day of ~..1~ - , 2009. Mayor Thomas Gal~g,~fn Attest: ;J Pe Wilder, Clerk-Treasurer Presented by me, Peggy Wilder, as the Clerk jand Treasurer to the Mayor of said City of Jeffersonville, Indiana on this ~ day of ~h~, 2009. ~~~ Peg ilder, Clerk-Treasurer