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HomeMy WebLinkAboutORD NO 3018ORDINANCE NO. 3018 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 5.58 TO TITLE 5 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO SEISMIC SURVEY ACTIVITIES. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 5.58 is hereby added to the Bakersfield Municipal Code to read as follows: Sections: 5.58.010 5.58.020 5.58.030 5.58.040 5.58.050 5.58.060 Chapter 5.58 SEISMIC SURVEY ACTIVITIES Definitions. City permit required-to be posted on ment. Application. Fee. Hours and days of operation. Violation-Penalty 5.58.010 Definitions. For purposes of this chapter, the words set equip- forth below shall have the meanings specified in this section: A. "Manager" means the Public Works Manager of City. the B. "Person" means any individual, partnership, cor- poration, or association of any nature whatsoever. C. "Seismic survey activity" means any activity, whether on public property, streets, or private property, utiliz- ing shock waves, sound waves, or any process by which vibrations are generated for the purpose of surveying, mapping, identifying, classifying or otherwise distinguishing subsurface charac- teristics indicative of the presence or absence of hydrocarbon substances, including, but not limited to, oil and natural gas. D. "Source Equipment" vibrations emanate. 5.58.020 ment. A. means the equipment from which City permit required - to be posted on equip- No person shall conduct seismic survey activity with- out having made application for and having received a permit from the Manager authorizing such activity. A separate permit shall be required for each set of source equipment to be used to conduct a survey. Each permit shall specify the site or route along which such activity is to be conducted and shall specify the period, not to exceed twenty calendar days, during which such permit is valid. B. Provided that the applicant has not previously vio- lated the requirements of this Chapter, the Manager shall issue the requested permit upon filing of a completed application and payment of the required fee. C. Such permit shall be posted in a conspicuous place on the source equipment and shall, upon demand, be surrendered to the Manager or his deputy. D. Performance of seismic survey activity with source equipment for which a permit has not been issued or after expira- tion or surrender of such permit shall be a violation of this chapter. 5.58.030 Application. Application for a permit to conduct seismic survey activ- ity shall be made upon a form provided by, or shall provide the information required by, the Manager, and shall include the following: A. A map on a scale not less than one inch equals one thousand feet showing the location or locations or routes at or along which such activities are to be conducted, and specifying the name of the owner and, if occupied, the occupant of each such location or property along such route. B. A detailed description of the method of seismic surveying to be utilized, satisfactory to the Manager, specifying -2- vibration levels and estimated distances from the source equipment within which noise or vibrations from such activities may be detected by residents and others. C. A map or maps showing the addresses of all lots or parcels of real property within 1,000 feet from each testing site or along each testing route, the names of owners of such pro- perties as shown on the latest equalized assessment roll of the County and a declaration and agreement that not less than five days prior to conducting any seismic survey activity the applicant shall mail, first class, postage prepaid, to each such owner and to each such property, or deliver to each residence within such radius in a sealed envelope marked "Notice of Seismic Survey Activities" and enclosed in a clear plastic jacket designed to be and looped over the door handle of the outer door of each resi- dence, a statement describing the nature of the seismic survey activity to be conducted, the location or locations nearest such property where such activity will be conducted, the date or dates of such activities, the permit number under which such activity is being conducted, and the name and telephone number of a represent- ative of the applicant who may be contacted for further informa- tion for from three days prior to the date such activities are to commence until at least the third day after such activities are to be concluded. D. Proof of public liability insurance, satisfac- tory to the Manager. E. A statement signed by the applicant that he has reviewed, is familiar with, and agrees to comply with the require- ments of this chapter. F. An indemnification and hold harmless agreement, satisfactory to the City Attorney. -3- 5.58.040 Fee. A fee, as prescribed by City Council resolution, shall be paid upon filing of each application for a permit for seismic survey activity. 5.58.050 Hours and days of operation. No seismic survey activity which may produce noise or vibrations shall be conducted until the advance notice specified in Section 5.58.030 C. has been given; nor shall any such activity be conducted except between 7:00 a.m. and 7:00 p.m., Monday through Friday. No such activity shall be conducted on any national holiday. 5.58.060 Violation-Penalty Violation of any provision of this chapter shall subject the violator to the penalty and proceedings specified in Section 1.40.010 of this code and to denial of any further application for a permit to conduct seismic survey activity. SECTION 2. This ordinance shall be posted in accordance with the city charter provisions and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... -4- I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regu- lar meeting thereof held on the 5th day of March , 19 8__6, by the following vote: CITY CLERK and Ex officio Clerk of Council of the City of Bakersfield the APPROVED this 5th day of March , 19~ MAYOR of the city of B~kers 'eL APPROVED as to form: C~TY ATTOR~ of the C~ty of Bakersfield AJS/mjt/bl 60-SEISM~Cl -5- Affihavt! of osltng r tuam:es STATE OF CALIFORNIA I ss. County of Kern CAROL WILLIAMS, 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 March 17 , 19 86 , she posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on March 5 , 19 86 , which ordinance was numbered 3018 New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 5.58 TO TITLE 5 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO SEISMIC SURVEY ACTIVITIES. City Clerk Subscribed and sworn to before me this . l ~-]~gday of ........... ~ ...._~ .... , 19...~.~. ~}~/ My C0mm,ss,0n Exp gt~, 7 19a9