§ 723-13. Transit Stop Structures.

(a)

Restrictions on Transit Stop Structures . The city manager or his designee is authorized to grant to a public transit agency revocable street privileges for the placement of transit stop structures including but not limited to bus stop shelters, bus stop benches, informational kiosks, and ticket vending machines, subject to the following restrictions:

1.

Transit stop structures may be located:

i.

Only at transit stops authorized by a public transit agency, including but not limited to the following: Southwest Ohio Regional Transit Authority (SORTA), Transit Authority of Northern Kentucky (TANK), Butler County Regional Transit Authority (BCRTA), and Clermont Transportation Connection;

ii.

Only on paved surfaces;

iii.

In a location that does not substantially impede access to an entrance to a building;

iv.

At least six (6) feet from any alley, crosswalk, driveway curb cut, curb ramp, fire hydrant, or outdoor dining area;

v.

At least four (4) feet from any bicycle rack;

vi.

In a manner such that the open area available for pedestrian traffic is not less than six (6) feet in front of or behind the transit stop structure in any area having a high volume of pedestrian traffic, including neighborhood business districts, the central business district, and areas in close proximity to universities and schools, and less than four (4) feet in all other areas of the city;

vii.

In a way that does not substantially impede access to buses, fire escapes, sidewalk access doors, traffic or street lighting equipment, utility valve boxes or other utility equipment;

viii.

In a way that does not obstruct permanent building signage or building display windows, unless the transit agency obtains prior written permission from the property owner.

2.

Transit stop structures may not be erected or installed without first obtaining all permits required by the Cincinnati Municipal Code, in addition to the required revocable street privilege.

3.

Transit stop structures must conform to the design specifications promulgated by the department of transportation and engineering pursuant to its authority under Cincinnati Municipal Code section 723-13(e).

4.

Public transit agencies desiring to secure a revocable street privilege for placement of a transit stop structure within the public right-of-way shall submit an application on a form to be provided by the city manager or his designee which shall:

i.

Identify the name of the applicant who seeks to secure a revocable street privilege;

ii.

Identify the requested location for the transit stop structure;

iii.

Identify the name and address of the person authorized to receive notices regarding changes to or revocation of the revocable street privilege pursuant to Chapter 718 of the Cincinnati Municipal Code;

iv.

Include proof of liability insurance in an amount not less than $1,000,000.00, with the City of Cincinnati named as an additional insured;

v.

Include a non-refundable application fee as set forth in section 723-6 of this Chapter;

vi.

Include the design specifications for the requested transit stop structure.

5.

Revocable street privileges for transit stop structures shall not expire but shall be revocable as set forth in Chapter 718 of the Cincinnati Municipal Code.

6.

Holders of revocable street privileges for transit stop structures must maintain liability insurance in an amount not less than $1,000,000.00 per occurrence, per location at all times while the revocable street privilege is in effect. The City of Cincinnati shall be named as an additional insured. Proof of insurance shall be provided upon request. Failure to provide proof of insurance may result in the revocation of the revocable street privilege.

7.

Revocable street privileges for transit stop structures shall be revoked in the event the location ceases to be used as a transit stop. Transit stop structures must be removed within sixty (60) days of revocation of the revocable street privilege.

8.

The department of transportation and engineering may grant a revocable street privilege encompassing multiple transit stop locations, structures, kiosks, or advertisements, except that the authorization for a particular location, structure, or activity may be revoked as if it were granted under its own revocable street privilege.

(b)

Advertising at Public Transit Stops . The city may by revocable street privilege authorize a public transit agency to allow advertising at transit stops, subject to any applicable design specifications and placement guidelines promulgated by the department of transportation and engineering under Cincinnati Municipal Code section 723-13(e).

(c)

Advertising at Streetcar Station Stops . A public transit agency authorized by the city to operate and maintain the Cincinnati streetcar system may engage in advertising at streetcar station stops by agreement with the City of Cincinnati, subject to any applicable design specifications and placement guidelines promulgated by the department of transportation and engineering under Cincinnati Municipal Code section 723-13(e).

(d)

Informational Kiosks at Public Transit Stops . The department of transportation and engineering may by revocable street privilege authorize a public transit agency to allow informational kiosks with advertising elements at transit stops, in accordance with section 723-15(a)(2), and ticket vending machines with advertising elements at streetcar station stops, which kiosks shall be subject to design specifications and location requirements promulgated by the department of transportation and engineering under Cincinnati Municipal Code section 723-13(e).

(e)

Design Specifications and Location Requirements . The director of the department of transportation and engineering is authorized to promulgate design specifications and placement guidelines for shelters, benches, and informational kiosks located at public transit stops consistent with this section of the Cincinnati Municipal Code. Prior to adoption by the director of the department of transportation and engineering, the guidelines shall be submitted to the city planning commission for review and approval. The design specifications and location requirements shall prioritize accessibility for users of public sidewalks while promoting the safety and convenience of the public transit system for its users.

(Ordained by Ord. No. 363-2009, § 1, eff. Jan. 16, 2010; Emer. Ord. No. 238-2015, § 8, eff. July 1, 2015; a. Ord. No. 069-2016, § 1, eff. April 23, 2016; a. Ord. No. 327-2016, § 1, eff. Nov. 19, 2016; a. Ord. No. 0228-2017, § 1, eff. Sept. 9, 2017)

Editor's note

Ord. No. 363-2009, § 1, effective Jan. 16, 2010 renumbered the former § 723-13 as 723-19 and enacted a new section as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

Cross reference

Penalty, § 723-99-C.