HomeMy WebLinkAboutORD NO 3764ORDINANCE NO. 3 '~ 6 4
AN ORDINANCE AMENDING SECTION 12.44.031 OF
CHAPTER 12.44 OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO BUSINESS USE OF SIDEWALKS.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Subsections E., F., G., H. and I. are hereby added to Section 12.44.031 of the
Bakersfield Municipal Code to read as follows:
E. The downtown business association, upon application to the city manager, may
obtain a permit to allow open-air markets in the downtown area. These open-air markets
may only be conducted on Wall Street bounded by Chester Avenue on the east and "H"
Street on the east. Additionally, a portion of Eye Street from 19th Street to the exit of the
18th and Eye Street parking structure may be utilized.
F. Application for said permit shall be filed at least twenty days before the planned
event and shall indicate which blocks of Wall Street and/or Eye Street that the downtown
business association requests to be closed and the period of time of closure; and at least
fourteen days before the event, the applicant shall provide the names of the persons,
organizations and/or businesses that will be participating in the open-air market and proof
of insurance in the amount of one million dollars, naming the city as an additional insured.
In addition, the downtown business association shall be responsible for all costs incurred
by the city in connection with the street closures.
G. The city manager shall review the application for such permit and may deny the
permit or impose restrictions and conditions that he deems appropriate to create the least
disruption of vehicular and pedestrian traffic within the downtown area, and to establish
the charges for the necessary city services.
H. A maximum of thirteen permits may be issued in any calendar year, provided that
no more than one open-air market will occur in any one week. No open-air market event
may last more than eight hours.
I. The city manager will review this section 12.44.031 annually to determine whether
the number of permits authorized under subsections 12.44.031D. and H. shall to be
adjusted up or down.
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SECTION 2.
Subsection 12.44.031D is amended to read as follows:
D. A maximum of twelve permits may be issued in any calendar year, provided,
that no more than two such events may occur in any calendar month. No permitted event
may last more than eight hours.
SECTION 3.
This Ordinance shall be posted in accordance with the provisions of the Bakersfield
Municipal Code and shall become effective thirty (30) days from and after the date of its
passage.
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I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on MAY ? 1~7
by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTT, ROWLES, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ASSEN~ COUNCILMEMBER ~ _
CITY CLERK and EX OFFIC~ of the
Council of the City of Bakers?ield
I~IAY ? 1~?
APPROVED:
CITY OF BAKERSFIELD
APPROVED AS TO FORM:
JUDY K. SKOUSEN
CITY ATTORNEY
Deputy City Attorney
S:~COUNCIL~RD~PENAIR.MKT
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA )
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 13th day of May, 1997 she posted on the Bulletin Board at City Hall, a full,
true and correct copy of the following: Ordinance No. 3764, passed by the Bakersfield City
Council at a meeting held on the 7th day of May, 1997, and entitled:
Ordinance amending Section 12.44.031 of Chapter
12.44 of the Bakersfield Municipal Code relating
to Business Use of Sidewalks.
Is/ PAMELA A. McCARTHY
City Clerk ofthe City of Bakersfield
DEPUTy City Clerk