HomeMy WebLinkAboutORD NO 4846ORDINANCE
AN ORDINANCE AMENDING
SUBSECTION 8.44.070 AND
8.44.080, 8.44.090, 8.44.100
BAKERSFIELD MUNICIPAL
FIREWORKS.
11-111
TITLE 8 CHAPTER 8.44
ADDING SUBSECTIONS
AND 8.44.110 OF THE
CODE RELATING TO
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 8.44 of the Bakersfield Municipal Code is hereby amended to
add the following:
TITLE 8 HEALTH AND SAFETY
Chapter 8.44 FIREWORKS
8.44.010 Definitions.
8.44.020 Permit required.
8.44.025 Effective dates.
8.44.030 Application— Issuance —Fee.
8.44.035 Application— Issuance —Fee.
8.44.040 Regulations.
8.44.050 Revocation.
8.44.060 Appeal.
8.44.070 Penalty.
8.44.080 Administrative citation.
8.44.090 Administrative fines.
8.44.100. Administrative citation review process.
8.44.110 Administrative hearing officer.
SECTION 2.
Chapter 8.44 subsection 8.44.070 of the Bakersfield Municipal Code is
hereby amended to read as follows:
8.44.070 Penalty.
Violation of any provision of this chapter law may be punishable as an
infraction, or misdemeanor pursuant to Bakersfield Municipal Code Section
1.40.010, an administrative citation pursuant to Bakersfield Municipal Cod %,,
Section 8.44.080, or any other available remedies allowed by law. 0 9�T
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Page 1 of 5 Pages OFIIOINAI.
SECTION 3.
Chapter 8.44 subsections 8.44.080, 8.44.090, 8.44.100 and 8.44.110 of the
Bakersfield Municipal Code are hereby added to read as follows:
8.44.080 Administrative citation.
A. Whenever an enforcement officer charged with the enforcement
of this chapter determines that a violation of a provision has occurred, the
enforcement officer shall have the authority to issue an administrative citation to
any person responsible for the violation. Said enforcement officer shall be a
trained employee from the City of Bakersfield.
B. Each administrative citation shall contain the following
information:
1. The date of the violation or, if the date of the violation is
unknown, then the date the violation is identified;
2. The address or a definite description of the location where
the violation occurred;
violation;
3. The section of the code violated and a description of the
4. The amount of the fine and how to pay it;
5. A description of the administrative citation review process;
6. An order prohibiting the continuation or repeated
occurrence of the code violation described in the administrative citation;
and
7. The name and signature of the citing enforcement officer.
C. The fine shall be paid to city within thirty days from the date of the
administrative citation; payment of a fine under this section shall not excuse or
discharge any continuation or repeated occurrence of the code violation
that is the subject of the administrative citation.
D. City may collect any past due administrative citation fine by use
of all available legal means.
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Page 2 of 5 Pages ORIGINAL
8.44.090 Administrative fines.
A. The fines for violation of this chapter shall be as follows:
Each violation of this chapter shall be subject to a
$1,000.00 fine.
B. Any administrative citation fine, or portion thereof, paid pursuant
to subsection A shall be refunded if it is determined, offer a hearing, that the
person charged in the administrative citation was not responsible for the
violation or that there was no violation as charged in the administrative
citation.
8.44.100. Administrative c8ation review process.
A. Any recipient of an administrative citation may appeal the citation
by completing a request for hearing form and returning it to city within thirty
days from the date of the administrative citation, together with an advance
deposit of the fine.
1. No appeal hearing to contest an administrative citation
shall be held unless the fine has been deposited in advance.
2. An appeal hearing shall be set for a date that is not less
than fifteen days and not more than sixty days from the date that the request
for hearing is filed.
3. The appellant shall be notified of the time and place set for
the hearing at least ten calendar days prior to the date of the hearing.
4. At the hearing, the appellant shall have the opportunity to
testify and to present evidence concerning the administrative citation.
5. The failure of the appellant to appear at the appeal hearing
shall constitute a forfeiture of the fine and a failure to exhaust their
administrative remedies.
b. The administrative citation and any additional report
submitted by the enforcement officer shall constitute prima facie evidence of
the respective facts contained in those documents.
7. The hearing officer may continue the hearing and /or
request additional information from the enforcement officer or the recipient of
the administrative citation prior to issuing a written decision.
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Page 3 of 5 Pages ORIGINAL
8. Any person aggrieved by an administrative decision of a
hearing officer on an administrative citation appeal may obtain review of the
administrative decision by filing a petition for review with the Kern County
Superior Court in accordance with the timelines and provisions set forth in
California Government Code Section 53069.4.
8.44.110 Administrative hearing officer.
A. The city manager shall designate the hearing officer for the
appeal hearing.
1. After considering all of the testimony and evidence
submitted at the appeal hearing, the hearing officer shall issue a written
decision to uphold or dismiss the administrative citation and shall list in the
decision the reasons for that decision. The decision of the hearing officer shall
be final.
2. If the hearing officer determines that the administrative
citation should be upheld, the hearing officer may decrease the fine
amount. The appellant must pay city any increased amount within thirty days
of receiving the decision of the hearing officer.
3. If the hearing officer determines that the administrative
citation should be dismissed or the fine reduced, city shall refund the
appropriate amount of the deposited fine within thirty days.
4. The employment, performance evaluation, compensation
and benefits of the hearing officer shall not be directly or indirectly
conditioned upon the amount of administrative citation fines upheld by the
hearing officer.
SECTION 4.
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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Page 4 of 5 Pages ORIGINA
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted
by the C.oAunO 2�f6the City of Bakersfield at a regular meeting thereof held on
MR Ii _ 11 by the following vote:
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COUNCILMEMBER: MAXWELL, WEIR, SMITH, MANSON, SULLIVAN, PARLIER
NOES: COUNCILMEMBER: NOhA_
TAI COUNCILMEMBER:
A SENT: COUNCILMEMBER: K%VtrL.
ROBERTA
CITY CLERK and EX OFFICIO Clerk of the
APPROVED:
MAR 0 2 2016 Council of the City of Bakersfield
HARVEY L. HALL, Mayor
City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: ! �' �—
RICHARD IG
Deputy City Attorney
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Page 5 of 5 Pages 5 S
ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) as.
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 44" day of March she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 4846, passed by the
Bakersfield City Council at a meeting held on the 2nd day of March. 2016 and entitled:
AN ORDINANCE AMENDING TITLE 8 CHAPTER 8.44 SUBSECTION
8.44.070 AND ADDING SUBSECTIONS 8.44.080, 8.44.090, 8.44.100,
AND 8.44.110 OF THE BAKERSFIELD MUNICIPAL CODE RELATING
TO FIREWORKS.
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:
j
DE P TY City Clerk
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