HomeMy WebLinkAbout5383-1/23/2017Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street,
Waterloo, IA 50703, (319) 291-4323.
ORDINANCE NO. 5383
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
OF THE CITY OF WATERLOO, IOWA, BY REPEALING
ARTICLE B, BUS STOP BENCHES, OF CHAPTER 2,
SIDEWALK CONSTRUCTION, INSPECTIONS AND REPAIR,
OF TITLE 7, PUBLIC WAYS AND PROPERTY; AND
ENACTING IN LIEU THEREOF A NEW ARTICLE B, BUS
STOP BENCHES, OF CHAPTER 2, SIDEWALK
CONSTRUCTION, INSPECTIONS AND REPAIR, OF TITLE 7,
PUBLIC WAYS AND PROPERTY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA:
That Article B, Bus Stop Benches, of Chapter 2, Sidewalk Construction, Inspection and Repair,
of Title 7, Public Ways and Property, of the Code of Ordinances of the City of Waterloo, Iowa, is
hereby repealed in its entirety; and that a new Article B, Bus Stop Benches, of Chapter 2,
Sidewalk Construction, Inspection and Repair, of Title 7, Public Ways and Property, is hereby
enacted in lieu thereof as follows:
B. BUS STOP BENCHES
7-2B-1: PURPOSE; SUNSET:
It has been determined by the city council that there exists a need for the placement of bus stop
benches at designated locations throughout the city. Therefore, this article is created to assist the
public in the use of the metropolitan bus system by providing, subject to the regulations of the
city council, bus stop benches for the use of the public. Unless terminated sooner by resolution
adopted by the city council, this article shall cease to be effective as of October 31, 2019 and all
permits issued hereunder shall terminate as of said date. (Ord. 3226, 6-21-1982)
7-2B-2: AUTHORITY TO INSTALL:
It is hereby made lawful for persons to install and maintain public bus benches and to place
advertising matter and signs upon such benches subject to the limitations and qualifications of
this article. Advertising is a necessary means for the funding of these public service benches;
thus, it shall be allowed in all zoning classifications except in front of any one- or two-family
residence located in any zoning classification, provided that any bus bench installed by the city
of Waterloo shall not be subject to said limitation. (Ord. 3226, 6-21-1982)
7-2B-3: LOCATION OF BENCHES:
The placement of bus stop benches shall be limited to locations designated as bus stops by
Metropolitan Transit Authority (MET). These designated bus stops may vary in number and
location from time to time. In addition, bus stop benches other than benches installed by the city
of Waterloo shall conform to the following regulations:
A. The location of all bus stop benches shall be reviewed by the planning and development
department or the city engineering department. No new locations shall be allowed under
the current bus bench program.
B. Reserved.
Ordinance No. 5383
Page 2
C. Bus stop benches shall be placed on public property parallel to streets along MET
designated bus routes and shall further be limited to areas where there is a minimum of
six feet (6') from curb or edge of the roadway to front of bench.
D. The city engineering department and planning department shall have the right to
periodically inspect all bus stop benches for maintenance, safety, site location and
compliance with this article.
E. Bus stop benches shall be placed no closer than three (3) blocks or nine hundred feet
(900'), whichever is more restrictive, from any other bus stop bench along any individual
MET designated bus route. (Ord. 3226, 6-21-1982; amd. Ord. 3409, 10-21-1985)
7-2B-4: PERMITS:
A. Application For Permit: No sign permit or bus stop bench permit under this article shall
be issued after January 2, 2017 to a person not already a permittee. After said date, the
city council may choose at any time by resolution to suspend or discontinue the issuance
of renewal permits.
B. Permit Required To Install And Maintain: No bus stop bench shall be installed or
maintained unless a permit has been obtained from the city building official, who has
vested authority to issue these permits. (Ord. 3226, 6-21-1982; amd. Ord. 3409, 10-21-
1985)
7-2B-5: BUS STOP BENCH FEES:
A. Bench Fees: The annual nonrefundable fee shall be twenty-five dollars ($25.00) for each
new location application form. A nonrefundable fee of seven dollars fifty cents ($7.50)
shall accompany each relocation request. The annual fees are assessed for each
individual bus stop bench and twelve dollars fifty cents ($12.50) shall be due on April 1
every year and twelve dollars fifty cents ($12.50) shall be due on October 1 every year.
If the city requires the permittee to remove or relocate a bus stop bench as provided in
section 7-2B-9, the annual fee shall be refunded on a monthly pro -rata basis for the
period from the date on which such bench is removed until the ensuing March 31. (Ord.
4692, 5-10-2004)
7-2B-6: CONDITIONS OF PERMIT:
A. Public Liability Insurance: The permittee shall file a certificate of insurance with the city
clerk, which shall name the city as an additional insured and shall be maintained in the
amount of three hundred thousand dollars ($300,000.00) for liability coverage. The
permittee shall also enter into an agreement with the city to indemnify the city for any
and all liability which may arise out of the use of the bus stop bench.
B. Permittee Responsibilities: By acceptance of a permit required by this article, the
permittee agrees to be bound by this article and to comply with its requirements with
respect to each bus stop bench until the bench is removed, whether or not there is a
current permit in effect for such bench. The permittee further agrees to inspect each bus
stop bench and to maintain the bus stop benches in a safe, clean and sightly condition,
suitable for use by persons with disabilities from the point of departure from a public
sidewalk to a point of embarkation on or disembarkation from a MET bus at the edge of
the street. Within forty-eight (48) hours following substantial completion of a snow
event that deposited two (2) or more inches of snow, or within seventy-two (72) hours if
warranted by heavy snowfall conditions, the permittee shall remove snow and ice from
the bench, the cement pad on which it rests, and at least four (4) feet in width of any
Ordinance No. 5383
Page 3
additional area connecting a public sidewalk (if one exists) with the bench and the bench
with the edge of the street, except with respect to those specific bus stop benches for
which the city has consented in writing to be responsible for removal of snow and ice.
The permittee shall maintain an accurate and up-to-date log showing dates and times of
snow removal and ice control activities at each location and shall make the log available
for inspection within forty-eight (48) hours of request by the city planner or designee.
The permittee shall not permit grass or vegetation to grow to a height exceed four (4)
inches in any area under the bench, within a perimeter of at least four (4) feet surrounding
the bench, and at least four (4) feet in width of any additional area that is not cemented
and connects a public sidewalk (if one exists) with the bench and the bench with the edge
of the street.
C. Defend Litigation: A permittee shall defend, at his own expense, any litigation arising
from the installation, maintenance or removal of a bus stop bench for which he holds a
permit or a bus stop bench that he owns but for which he does not hold a permit. (Ord.
3226, 6-21-1982; amd. Ord. 3409, 10-21-1985)
D. The permittee shall remove each bus stop bench in its entirety at the permittee's sole
expense within fifteen (15) days after the permit therefor expires, unless the city planner
or designee approves an extended period, not to exceed six (6) months, during which a
particular bench may remain in place but by the end of which such bench must be
removed by the permittee at its sole expense. Approval of an extended period for
placement of a bench shall be subject to the city's right to require removal pursuant to
section 7-2B-9, except that the period in which removal must occur shall be seven (7)
days instead of 15. If the permittee fails to remove the bench, then the bench shall be
deemed abandoned and the city may remove it and retain or dispose of it in any manner
according to the city's sole discretion, and either charge the permittee with a municipal
infraction for each bench that permittee failed to remove or charge the permittee for the
city's reasonable costs incurred in removing and disposing of any such bench.
7-2B-7: SPECIFICATIONS:
All bus stop benches installed in accordance with this article, but not including benches installed
by the city of Waterloo, shall conform rigidly to the following specifications upon installation
and at all times thereafter until removal of the bench:
A. The benches shall be not more than six feet (6') in length, not to exceed forty two inches
(42") in height and thirty inches (30") in depth.
B. The benches must be of heavy construction to weigh not less than four hundred (400)
pounds.
C. The end pieces and legs shall be constructed of concrete.
D. The back rests shall be constructed of hardwood or plywood not less than three-fourths
inch (3/4") in thickness or shall be constructed of plastic overlay plywood not less than
one-half inch (1/2") in thickness.
E. The seats shall be constructed of hardwood or plywood not less than one and three-
fourths inches (13/4") in thickness.
F. The several parts of the benches shall be joined by bolts of three-eighths inch (3/8") or
greater diameter. (Ord. 3226, 6-21-1982)
7-2B-8: ENFORCEMENT:
Ordinance No. 5383
Page 4
A. If any bus stop bench is found to be noncompliant with this article or if complaints are
received by the city concerning the placement or maintenance of any bus stop bench, the
city shall deliver to the permittee by regular mail at its last known address a written
notice to bring the bench into compliance. If the bus stop bench is not brought into
compliance within seven (7) days after the notice has been mailed, then the city may
declare such bus stop bench to be a threat to public health, safety, and welfare, and as
such to constitute a nuisance which the city may summarily abate or remedy at the
violator's expense. Abatement may take the form of removal of a noncompliant bus stop
bench and assessment to the permittee of the city's reasonable costs incurred in removing
and/or disposing of any such bench. (Ord. 3226, 6-21-1982; amd. Ord. 3409, 10-21-1985)
B. If the permittee fails to comply with the maintenance standards prescribed by 7 -2B -6.B,
then the city may perform acts necessary to achieve such compliance, without notice to
permittee.
If the permittee violates any provision of this article it shall be deemed guilty of a
municipal infraction and, upon conviction thereof, shall be fined as provided in section 1-
3-2 of this code. Each separate bus stop bench with respect to which a violation is
committed or permitted to continue shall constitute a separate offense and shall be
punishable as such hereunder.
7-2B-9: REPLACEMENT BY CITY BENCH:
If the city desires to install a bench of its own at any bus stop bench location occupied by a
permittee during the term of the permit for such bench or at any location in the vicinity of such
bench, the city shall provide fifteen (15) days' advance written notice by regular mail to the
permittee at its last known address, and the permittee shall remove said bench within 15 days
after the date of mailing of said notice. If the permittee fails to remove the bench, then the bench
shall be deemed abandoned and the city may remove it, retain it or dispose of it in any manner
according to the city's sole discretion, and either charge the permittee with a municipal infraction
or charge the permittee for the city's reasonable costs incurred in removing and disposing of the
bench. The permittee will also be allowed to relocate its bench to another location for which
permittee already has a permit, provided that the permittee removes the existing bench at such
alternate location.
INTRODUCED: January 9, 2017
PASSED 1st CONSIDERATION: January 9, 2017
PASSED 2nd CONSIDERATION: January 17, 2017
PASSED 3rd CONSIDERATION: January 23, 2017
PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the
rd
23day of January 2017, and approved by the Mayor on the 23r1 day of January 2017.
Quentin Hart, Mayor
Ordinance No. 5383
Page 5
ATTEST:
Kelley Felchl
City Clerk
CERTIFICATE
I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the
preceding is a true and complete copy of Ordinance No. 5383 as passed and adopted by the
Council of the City of Waterloo, Iowa, on the 23rd day of January 2017.
SEAL
Witness my hand and seal of office this 23rd day of January 2017.
Kelley Felchl
City Clerk
lid--
STATE OF IOWA, }
Black Hawk County SS
I do solemnly swear that the annexed copy of legal
City of Waterloo
Ordinance 5383
Notice was published in the Waterloo -Cedar Falls
Courier, a daily newspaper printed in Waterloo, Black
Hawk County, Iowa, once commencing on the 28th
11
day of February, 2017 in the name of said newspaper,
and that the annexed rate of advertised is the regular
ORDINANCE N0.6383 dr¢d 1400) pounds legal rate of said newspaper, and that the following AN ORDINANCE AMENDINGTHE CODE C The end penes and lege shall eke con a correct bill for publishing said notice.
in
bF ERDINANC W OF THE PEA OF e?ruct¢d of conr2ta.
WATERLOO, ?OSHA, 8Y REPEALING D The back rests shalt be cossseesi d
ARTICLE B, NUS STOP BENCHES, OF of hardviood or plywood not leas than
CHAPTER Z, SIDEWALK CONTRUC- ihree�hbrebs rnah 18/4^) an rinckn¢ss or.
TON, 1NSPECTIRNS AND REPA1R, OF shalt be constructed of'Plashc overlay:
rrE7,FULrcw °Pae PROPERTY i;isiiotlesshranrn¢-haifmrni0be Printer's Bill $119.33
AND ENACTING; IN LIEU THEREOF A in h¢knesashall be constrathed of haM
NEW ARTICLE B', BUS STOP BENCHES,
UUIYS
rons,UCFwourhaish,trecenns,cisrgni3tP yrifi 1:oil a
PCITU OWArlls4ThatiTLOO, That Article B, ;Bus Stop Benches. ofChapter 2, Side sik Constm7Pups(5anybrwhit'/&yeReparr 7; Oidfr AJf any bus stop bench vs round to bandky,ofthe Codeof Otdi n1:11bepivant witfi hulls tri or ifnam
ioenaes of th¢2'ity of Wats-titan.
atedoo,lnwa, i•: plaints arereceived mw
clay concmrns
hereby ro esied. in its entirety; find thpt ing the ptacemonthe e t shalt deweel;
newt 4nd RI Bas Stns Benches oP bee stop bench, tY
ee.
CGapfer 2, Sidewalk henstmz0o (r1, known aid ss a wrglltea n nt,g, is aits er u_ L /t -
'sppnation nntl Rz cap of TIHa 1, 0 L1) 'j�/.iCp/yl(YI/�—
l e t and ProPe +a herabY enacted in sto b¢nch�srnot bradghf trite
feu iheraof re foEows p after the nac
B. BUS STOP BENCHES enc¢ with n maven goi,
7 20-1. PURPO$ESUNSET.' rice has been mail¢ then aha mid ma¢ .Signed
d has 6eao da(ermmed by the may Court- 8 °a c• s such bus slop bench to ba s-
00 thatthere exfists a need for the plane- threat to pablitho e r safety, and wai
.meet o4 bus slop b¢nohes et designated labial
• as suoh to aansbtate anWsencd
IoaaGons throughout the city Therefor¢ which She cdy may son bent y abet¢ et
hrs adicte is cleated to assist the pubkr remedy at the Nemo
axsema nse Abate-'
h [M1e use of theRopofitenbussystem meet may takelhe fomi of removal of z'. Subscribed and sworn to before me this
by providing mubiect Yo m¢ r¢gulaGons noncompliant ea pommy
smiled
and ae-
of the vty councJ, [sus stop benches Por sessment to the perrnidee of the orty's
he s¢ottha pubfw. Unlestermvnated rtasoriaMe coal vneurmd in remomn9 7
sronetresoWtvon adopted by M¢mtY and/oP dispo8s�nt0E2pamduOrdb3aD9 Day of f�,I�., 20
nranf, his Ater
oease to b¢ e- (Ord, 3226,
ectiveas of octobersl 2gig and all Par sis h1gS5)
mita Issued h¢runtler shall terminate as 0 If the permiltse falls it complyworesrth ih¢
S*tT1t
(Ord. 3228, 6-1902) 72BnacRiTY TO INSTALL:mde lawful for pgrsrns to necesince,.antain public bus banohas withrue (31 avePobm�J matt¢rand avgns C.It t5hfsfpn; AWM �. ILuponeachbp¢a„bunrmr- rf misairtpt.Notary Public
aITtiiarlil on end uponconmc-
aiatq isoneoes%ryyl m ethe tion thereof, shell bofm¢d as pfd<%vd¢d do
funding 05 ahese pablio s¢rvioe!bench¢s, venom Pbe of Ltd)
Eaoh separate.
thus, isshall bQ allowed m ail Tilt olds• bus stop bench with impart to wfiv¢Fa Received of
sigcaGrns ahcepl {n trout a zat one or venom
rs comm'ated or permitted Er
two famof residence boated it? arty zon ronhue shell onnstvtule a separate df
Ing cissvfloasion, provided that airy bus to and shall ba pimishabla es such
b¢ndh 01 bSau by the airy of Wltatlno hereunder
snail not be 5ubleot to said ivmrtaGon, 72Rg REPLACERfENT ac
BY
(Ord.9226 62P-1$62} ENCH.
d ding LOCATION e I BENCHES: If the city desires h install a bench of its
Tire plaremerlt otbus stop b'enp es shall own any pus stop benaq loaatirn no-
b¢iited to IocaNane dasignat ds bas raifisJ bS+s peimidee up the tehii of the sum Of
stops by MGGapalitan iYensSt (ape Taw the Ratmd for sudh 6enohbrat anV e e
(MET). Ths¢ designated bus stops may Gan inure v¢mity of such bench, dv city
vary in nam5sr and location <fmm Gme shall.. provide glean tP S} days ativance
to ime. In ad hes h.
bus stop benches wndeo notice by reghlar marl to the q¢r-
oGterthanbenches in by the crry mittepe at its last kaodn a e aid l ape Dollars.
o2eiPI: ooshall teglaerl.efrltrwing i:Ma b deysang ie date oitlma who
regulatfnns
n
e us Iocaean of ail bas stop b¢nohed remove notice it lh ran ern a le of l r
nril
shall b¢ remew¢tl by aha planning and rembve aha bench EM1¢n the bench shall
developmena d hes .0¢nt or the 011E- en be desmas tai ntlrned and the 0 i may
gvneanng department No neva locatons remove di retain a or soli
ow> site arty
shall be greoi. undee the current bns c z[ neer and ipal ahahga ih parmrttie¢
banoh program 0 oh a eemu ramal tteg mirto li or c,harge;ahe
B Reserved
C.Bus scop G¢nahes shall be rr6 on peitjrid¢e for the clays to 2M7
public prop@Tay paeallel tea streets along rnctioed in Yemovmginnd disposing of
%srgoa 1 bu lender shalihi banoh Thapetmidut;4%1.1.7
); also b¢alloyr 7
cher he kgtti¢tl io ats5 whsle [hare vs a to retoeaae rYs bencp to anotder tocaDon
minimum of skip
curberadge Provided that thepzmri ee remaysrrthe
of The
roadweyie Gant of ben ah. p
o.The otty sogrneedng department the emsbngU0E at mach a,rvu�¢ig 20 7
planning d¢padment shall: have the PAS 80 CEO' TY
dght to penodveally impact til baa stop PASSED fist CONST➢ pTEL4d0eh 9'2°17
MET, h • hPorinimtenanca safety,sitelo-
raUry
catron and complvanee with airs artZe. PASSED 2nd:cle;rEA,Ythe i 2017
else stop benches shanks
placed n
closer than three 4} blacker erne hue- pA56EO3dI CONSIOER�oua clerk 2t)t
circa feat arm. dhvahanksw/or 1s more ra
eenhv¢, horn any athar boa stop bench P ove m AND ADOPTED by ahs City
along any {tree ai MET dethema etl bus %moil H Poe Cviy of Waterloo, 'ant?
owa, an
rout¢ (Ord:: x228 6-21 193T, cine. Ord proved by the Mayor an Gra 23rd d Y oi'
1-25-4 se, 32 � Jsoua 2117.
se
at- a P• A -LITS:
A Applvicefldn For Pemnra: No sign permd DIRT:
Hart Mayor
or bas aIDp banoh permit under this ar- An
Kelley ...es
City Clerk
bee shall tit iseued after Jatfaarye- Autor
tae pdate (he alreadyne et miry Aocr
said date, the resume counovl may end or
at any Jane 1:h1;resolution to enewaltl or'.
dvscoat(hua rssuanca of renewal par
mos
In full for publication of the above notice.
ODI E MCKNINSTRY
�MMIS` ION 0.782A73
ItiCs
iCIftequlfea 'nth
And Main
o bus slap bench shall be fnet sed
tfamed unless a perms 110s been
ad sem the eta. ¢mldmg etfraal
who hasveste a311226,
u 6;21-1982 ams.
permits (Ord 3226,
Ord 3409,10 21 -1 EN
7-26S.6u6 $TOP 6ENCM FEES
A's enali Foos.Thetya>v3rivadnIle s ($2500)
(67250)s a o
Ido 'be
daAars fifty cents (612.5..
befall 0) due on ?he Eebi 1 every year
cam
e Perm
N
tee shall be raven ve.. o
for each naw lacaban appl eaaen farm.:
A nonflt ile able fha df seven drilla '
re in d doal bus stop
fhedlfy regaees the peimlaee to iemo.
or relocate a bus stop tienth def..
n section 7.28 9 the annual fae „lea
be refuotled. tl to which
For p d a y0 the enawng
tens a
th Irye c ty clerk whish Shan name fha
wi
stop tienh.
BP fnittee Pespanslbilimes- 6Y a
d by to
be boa
ly with'.
each b
s remov
alp
ar malt
obtain d thanty to issue these
flhy cents (07.50) shall accompany enc
ideation request The annual tees azo
assessed for ea0 i dem
bench .and twelve dollars fifty ten1E.
h Ob daea0Apnl1 to„lea
n a monIltly pro rata basl5
or hie erlod from the a 0n
such bench 15 remove n
flharch 31 (014 4692, 5-10-20041
6 bP PERMIT
errteYFto an agreement with the city 10
d Il ltabllity
mggireme
stee her °h u
wbe(her or n
7-26-9:OONOITION
PtPublio Liability Insurance: Th
e permit•..
ti II fee a denlabate of insurance
indemnify the coy foriany an a
fish may ease out trot the
use of the bus
nit'
is
us
ed,'
IL
wI
city as an atld blOnal Insmea and shall be
M of tlrtee hon-
e ' t r quire
0
omp
0
ch i
ma(ntamed in t e amou
fired thousand dollar (0300,000,00) forii;
b'I ty coverage The permittee shall also
by tted aM e and is
I e with rasp
eolith
t theta
aeptanea of a FP"
Se
article the permittee agree
ea
ben
se
ene4l w
Itch'
further agrees:
stop bench ane
Itch' benches in
candflan, suitable
with. disable
curent perm
The pergbta.
isPcet each bus
cleanly ids19e Tiily:
use by persons.
Idea tromthe paint o£ 10 par-:
tore ttem a public ai10 walk tea point of
emrkaban 00 or dlsembarkaaon from
MET bus at the edge at the street
Wilhm fadyeigth (j48) boars tellawing.
essuebeeanble oomplet{'un of a naw evefrt
that M deposited two (2) of mare 1601105 0t
snow, or with n saventy-twa (72) hour (1
warsa led by heavysnowfa11 to ,Pof teens
the: pernittae shall. the tfeureew eo e. eh:.
Ice from the bench,
N. 1rests and atleast tour(4) feat in
width 0f any additional area connecting
publi sidewalk (if an o orb) w ttl the
bench excel-,
henor wlYnihe edge atthe
atYeef except withre peattothose vpa-:
o$c be stop benches f0' which the PI1y
at
ed ppnsahted rn whbng to be re5900
1 r Y,e iiI v81 at Sp0 atld toe.'.
-db(p5idgl 4110 10l9 at 41110
di
4) int
ihe'bonch v'vRhin
our (4) fent 3urronb
undm(
at ieasf faun(41 leek in;
any
b and
rya
ar
holds e pernth e bus s
that he owns but
py
oNr whiob h
hold a 3409,
409 10-2
mit, (OrQ., 'dP20 6-21-T96
amd Ord 1.1986}
➢Tho permittee shall remove eahrh bua'.
stop benc11 In 115 «rlliraty at fha ermit
tees sole expense withinhkeen (15) das
attar the permit 3trerefor expfres
the old planner ar designee aped t' x an
prwel of an extentlee period oro ace
Ment of a benck. shall ba subleoE is the
ciTy"s nghtip regdae removal pureuan5 to'.
oeation 7-2B-8, :011'15.
xcepthat rite p9nod in :.
v:mah removal retest occur shall be seven'.
top' bench
e 1P9s not
Oxten ed period, oat to exaee i
months during Which a particulanbench
' i place but by fha end a£
i-ir days f 16 H the pennlaee'.
charge the permittee rot the cf1Ys ren
disposng0 a sac enc .
7-28 7.6PE01 0ATION6:
Ali bus stop benches inela led in aceor:
h thi rt I but not idbludingi
dance wet sIa me,
benches 11 11y10 by the sty al Wafer
loo, shall confeiin dly Lathe tgtiowmg:.
t tans Upon mstallahon'and at
e bet. t