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(g) Bicycles shall be lockable at bicycle racks <br /> (h) Bicycle racks shall not cover water mains or utility vaults <br /> (i) Bicycle racks shall not create a tripping hazard <br /> (j) Bicycle racks shall not be a potential hazard to children <br /> 8.12.120 RACKS INSTALLED BY CITY. The City Bicycle Rack Program installs City <br /> standard inverted "U" bicycle racks in the City -owned right -of -way on a first -come, first- served <br /> basis. If the request is from a third party, approval from the property owner is required. The <br /> City will own and maintain standard bike racks. The City may remove or relocate any installed <br /> bicycle rack if it is not being kept within the Design and Plan Criteria in §8.12.110. <br /> $8.12.125 RACKS INSTALLED BY PROPERTY OWNERS. Property owners and <br /> citizens shall file an encroachment permit to install non -City standard bicycle racks in the public <br /> right -of -way. <br /> (a) City shall review and approve plans for fabrication and installation <br /> (b) Property owners shall obtain an initial encroachment permit for installation and annual <br /> encroachment permits thereafter <br /> (c) Property owners shall purchase and install approved bicycle racks <br /> (d) City shall inspect installed bicycle racks annually <br /> (e) Property owners shall own and maintain bicycle racks and continue to assume general <br /> liability and name the City as additionally insured on the property owner's insurance <br /> (f) Fees for the initial and annual encroachment permits and inspections shall be waived <br /> (g) If the property owner fails to maintain the bicycle rack or submit annually liability <br /> insurance indicating the City as additionally insured, then the property owner would be <br /> deemed to be in violation of his encroachment permit and the remedies as described in <br /> the San Leandro Municipal Code shall be applicable <br /> (h) The City may revoke annual encroachment permits and may demand that property <br /> owners remove or relocate any installed bicycle rack if it is not being kept within the <br /> Design and Plan Criteria in §8.12.110 <br /> 2. The effective date of this resolution is January 6, 2012. <br /> Introduced by Councilmember Starosciak and passed and adopted this 21st day of <br /> November, 2011, by the following vote: <br /> Members of the Council: <br /> AYES: Councilmembers Gregory, Prola, Reed, Souza, Starosciak (5) <br /> NOES: Councilmember Cutter (1) <br /> ABSENT: Mayor Cassidy (1) <br /> ATTEST: J V DUI/ I�CiNI . tAAJ2 -�� <br /> Marian Handa, City Clerk <br /> RESOLUTION NO. 2011 -195 2 <br />