§ 723-7. Park Benches.

(a)

Donated Benches. The city manager or his designee is authorized to accept donations of park benches from individuals or organizations. Donated park benches shall become the property of the city and shall be placed and maintained solely at the city's discretion.

(b)

Privately Owned Benches. The city manager or his designee may grant a revocable street privilege to any person desiring to place and maintain a park bench in the public rights-of-way for use by the general public.

(c)

All park benches shall adhere to the following regulations:

1.

Park benches may be placed only at transit stops, in recognized Neighborhood Business Districts, or in Planned Development Districts as defined in Chapter 1429 of the Cincinnati Municipal Code, at locations where seating would serve the convenience of the public as determined by the city manager or his designee.

2.

Park benches shall be permanently secured to the sidewalk in accordance with a properly obtained sidewalk construction permit issued pursuant to Chapter 721 of the Cincinnati Municipal Code.

3.

No advertising may be displayed upon park benches; provided, however, that the name of the donor or sponsor may be displayed on the bench in letters not more than two (2) inches high or shown on a plaque no larger than eight (8) by three and one-half (3½) inches affixed to the bench.

4.

Park benches must either conform to the design standards promulgated by the department of city planning, or must be approved by the Urban Design Review Board. The department of transportation and engineering is hereby authorized to promulgate design standards for park benches.

5.

Park benches shall be placed:

i.

Only on paved surfaces;

ii.

In a location that is not directly in front of an entrance a building;

iii.

At least six (6) feet from any alley, pedestrian crosswalk, driveway curb cut, curb ramp, fire hydrant or sidewalk café and at least four (4) feet from any bicycle rack;

iv.

Either with the back of the bench set six (6) inches away from the adjacent building (only with prior permission from the property owner) or with the front edge of the bench located two (2) feet from the curb line and in alignment with other authorized street furniture;

v.

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 bench in those areas established as business districts as shown on the building zone map ("Neighborhood Business Area"), or in any area designated by the department of transportation and engineering as having a high volume of pedestrian traffic ("High Pedestrian Area"), or less than four (4) feet in all other areas of the city;

vi.

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

vii.

In a way that does not obstruct permanent building signage or building display windows (unless prior permission from the property owner has been obtained);

viii.

In a way that does not obstruct curb control signage or traffic signal equipment, including pedestrian crosswalk signs.

(d)

Persons desiring to secure a revocable street privilege for placement of a park bench within the public rights-of-way shall submit an application on a form to be provided by the city manager or his designee which shall:

1.

Identify the name of the applicant;

2.

Identify the requested location for the park bench;

3.

Identify the name and address of the person authorized to receive notices pursuant to Chapter 718 of the Cincinnati Municipal Code;

4.

Include proof of liability insurance in an amount not less than $1,000,000.00. The City of Cincinnati shall be named as an additional insured;

5.

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

6.

Include the design specifications of the requested bench.

(e)

Revocable street privileges for park benches shall not expire, but shall be revocable as set forth in Chapter 718 of the Cincinnati Municipal Code.

(f)

Holders of revocable street privileges for park benches must maintain liability insurance in an amount not less than $1,000,000.00 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 periodically upon request. Failure to provide proof of insurance may result in the revocation of the revocable street privilege.

(Ordained by Ord. No. 363-2009, § 1, eff. Jan. 16, 2010; Emer. Ord. No. 238-2015, § 6, eff. July 1, 2015; a. Ord. No. 137-2017, § 1, eff. July 14, 2017; a. Ord. No. 0228-2017, § 1, eff. Sept. 9, 2017)

Editor's note

Ord. No. 363-2009, § 1, effective Jan. 16, 2010, repealed the former § 723-7 and enacted a new section as set out herein. The former § 723-7 pertained to wholesale produce areas and derived from C.O. 702-4; and C.M.C. 723-7, eff. Jan. 1, 1972.

Cross reference

Penalty, § 723-99-C.