§ 21-158. Location of bus passenger benches.

(a)

Bus stops. No bus passenger bench shall be permitted at any location except an established transit stop authorized by MDTA where regularly scheduled, periodic stops are made. The Department shall have the right and duty to refuse approval of any location, or to require the removal of a bus bench from any location, when it appears that a traffic hazard may be created or that the public safety may be endangered, or when MDTA determines that the bus bench is improperly placed or is not compatible with the surrounding community. The decision of the Department in respect to the installation or maintenance of bus benches at any location in the unincorporated areas shall be final. If the permittee fails to remove a bus passenger bench after being ordered to do so by MDTA, the Department may have the bench removed in accordance with the provisions of Section 21-15 of this article.

(b)

Distance requirements. No bus passenger bench shall be placed or maintained within five (5) feet of the outer edge of the pavement of any road, except at approved locations where sidewalks and curbs exist. Where no sidewalks and curbs exist, MDTA shall require bus benches to be located such distance in excess of five (5) feet as may be deemed necessary or desirable for the public safety and welfare. At approved locations where curbs and sidewalks exist, bus passenger benches may be placed and maintained at such locations as the Department shall designate, in order to ensure the safety and convenience of the public. The location of each bus passenger bench shall be approved by the Department prior to the issuance of a permit. Benches placed on State-maintained rights-of-way shall conform to applicable regulations of the State of Florida, Department of Transportation.

(c)

At passenger shelter sites. Provided that bus benches comply with applicable setback requirements, they may be located at a bus stop where a bus passenger shelter has been installed, unless MDTA determines that the placement of said benches would interfere with the free flow of vehicular or pedestrian traffic or would impede handicapped persons. Unless MDTA, in its sole discretion, determines that there exists a need for additional bus benches, bus benches will be permitted at up to fifty (50) percent of the bus stops where a bus passenger shelter is located.

(d)

Advertising panel. Each bench shall be placed with the advertising panel at an angle of no greater than twenty (20) degrees to the adjacent roadway.

(Ord. No. 85-32, § 1(8), 5-7-85)