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Home My WebLink AboutORD NO 4813ORDINANCE NO. 4813 ORDINANCE AMENDING SECTION 10.69.030 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO APPLICATION AND FEES FOR SPECIAL EVENTS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 10.69.030 of the Bakersfield Municipal Code is hereby amended to read as follows: 10.69.030 Application— Issuance —Fee. A. Applications for permits under this section shall be made on forms furnished by the city manager or designee, shall be submitted no less than thirty days prior to the event nor more than one year prior to the event, shall be signed under penalty of perjury by an authorized representative of the applicant organization and shall require the following information: 1. The name, mailing address and telephone number of the organization applying for and conducting the special event and of the event chairperson; 2. The name of the event, including names of each sponsoring or sanctioning organization; 3. The route, if for an athletic race; 4. The proposed date and times; 5. Estimated completion time, if for an athletic race; 6. Estimated number of entrants or attendees; 7. Prior permits held by any named organization and whether such permits were ever revoked or suspended and the reasons therefor; 8. The business tax certificate number of the applicant organization, or letter granting tax - exempt status to the applicant organization; S: \COUNCIL \Ords\ 14-15\1 0.69.030.SpecialEventfees.2d.docx -- Page 1 of 4 Pages -- 9. For races, the names, assigned locations and duties of all officials required to be at the special event as set forth in Section 10.69.040(C), and a description by which such officials may be identified; 10. Any rights -of -way which will need to be closed to the public; 11. Any other information reasonably required by the city manager or designee. B. The application shall be accompanied by the following documents: 1. Evidence, satisfactory to the city manager or designee, of: (a) general liability insurance providing coverage on an occurrence basis for bodily injury, including death of one or more persons, property damage and personal injury, with limits as required by the city, and (b) workers' compensation, with statutory limits and employers liability insurance with limits as required by the city. All policies required of the applicant hereunder shall be primary insurance as to the city, its mayor, council, officers, agents, employees and volunteers and any insurance or self- insurance maintained by the city, its mayor, council, officers, agents, employees and volunteers shall be considered excess insurance, over and above the applicant's insurance and shall not contribute with it; 2. An agreement, signed by applicants, to save, hold harmless and indemnify the city, its officers, agents, employees and volunteers from all claims, demands, damages, judgments, costs or expenses in law or equity that may at any time arise from or is any way related to any work performed by applicant, his or her agents or employees under the terms of any permit issued under this chapter; 3. Cash deposit in an amount acceptable to the city manager or designee to insure payment of the costs of the city resulting from the event and to insure cleanup and restoration of the subject site; 4. A copy of the written instructions that will be provided to the required official at the special event. C. The applicant shall notify all business owners located adjacent to any right -of -way which will be closed for the event. Proof of written notice shall be submitted to the city manager or designee. D. The city manager or designee may, in his or her discretion, issue a permit if he or she finds: 1. That the application is complete and truthful; S: \COUNCIL \Ords\ 14-15\1 0,69.030.SpecialEventfees.2d.docx -- Page 2 of 4 Pages -- 2. That the applicant is adequately insured; 3. That the special event for which the application is made will be maintained and conducted in accordance with all federal, state and local laws; 4. That operation of such event at such location will not present any substantial hazard to vehicular or pedestrian traffic, nor impede the movement of emergency vehicles; 5. That no permit issued to the same applicant pursuant to this section has been revoked in the past three years, unless the city manager or designee finds that the reasons for such revocation are unrelated to this application; 6. That the applicant has not had a permit, issued under this section, revoked, unless the city manager or designee finds that the reasons for such revocation are unrelated to this application; 7. That the conduct of the event will not constitute an unreasonable burden on city employees or resources, nor create an unreasonable disturbance to the neighboring areas; 8. That the event, if an athletic race, will move from its starting point to its finish line expeditiously; 9. That such event will not interfere with, or conflict with, another special event or parade for which a permit has been issued or for which no permit is required. E. All permits issued pursuant to this chapter shall be valid only as to those dates, times and locations listed on the permit, unless earlier suspended or revoked. F. At the time of filing an application for a permit, the applicant shall pay a fee not to exceed the reasonable cost of processing any such application as authorized by Chapter 3.70. The applicant shall also pay all the direct costs of the city, including, but not limited to, traffic control and police services prior to issuance of the permit. G. Permits may be issued with conditions to ensure that the event will be operated in a safe and legal manner, will not disturb the peace and quiet of the neighborhood and will not constitute an undue burden on city resources. S: \COUNCIL \Ords\ 14 -15\ 10. 69.030.SpecialEventfees.2d.docx -- Page 3 of 4 Pages -- SECTION 2. 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. MEEIRES 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 JUN 2 4 2015 by the following vote: ✓ ✓ v Vol ✓ ✓ AYES' COUNCILMEMBER RIVERA, MAXWELL, WEIR, SMITH, SULLIVAN, PARLIER NOES: COUNCILMEMBER: ykWA- ABSTAIN: COUNCILMEMBER: NOrIA- COUNCILMEMBER: �ft^S0Y-- APPROVED: ROBERTA GAFFORD, C Y CLERK and Ex Officio Clerk of the 2015 �uil of the City of Bakersfield HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: Z��o RICHAR IGER Associate City Attorney Rl:vlg S: \COUNCIL \Ords\ 14 -15\ 10.69.030.SpecialEventfees.2d. docx -- Page 4 of 4 Pages -- AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) ROBERTA GAFFORD, 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 26th day of June , 2015 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4813, passed by the Bakersfield City Council at a meeting held on the 24th day of June, 2015 and entitled: ORDINANCE AMENDING SECTION 10.69.030 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO APPLICATION AND FEES FOR SPECIAL EVENTS. ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield FIVA M ' r 'FTY City Clerk S ADOCUM ENT\FORMSVWOP.ORD.wpd