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
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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.
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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.
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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 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