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HomeMy WebLinkAboutORD NO 3086ORDINANCE NO. 3086 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTIONS 8.44,030 A. 8.44.040 A. AND 8.44.040 D. OF THE BAKERSFIELD MUNICIPAL CODE RELATIVE TO APPLICATION REQUIREMENTS FOR FIREWORKS PERMITS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION I. That section 8.44.030 A. 1. of the Bakersfield Municipal Code is hereby amended to read as follows: 1. No permit shall be issued to any such organization or corporation unless it was issued a permit the previous year unless the total number of permits issued to such organizations and corporations is less than fifty, in which event permits may be issued to organizations and corporations unlicensed the pre- vious year in the order in which their applications are made from May 16th through May 31st. Priority as between applications made the same day shall be determined by a drawing conducted by the Finance Director. Not more than fifty permits shall be issued except as it may be necessary to issue a greater number so that each such organization or corporation to whom a permit was issued the previous year, and who made application for a permit during the period commencing March 15th and extending through May 15th and otherwise qualified hereunder, is issued a permit. SECTION II. That section 8.44.040 A. of the Bakersfield Municipal Code is hereby amended to read as follows: 8.44.040 A. All applications for permits shall be made in writing on forms provided by the Finance Director, hereinafter called the Collector. Any application for a permit shall be signed by the president, vice-president, secretary, treasurer, executive director, manager or other authorized officer of an eli- gible non-profit organization or corporation or the operator or authorized employee of an eligible retail business establishment and filed with the collector during the period commencing March 15th and extending through May 15th of each year; provided, that applications made by eligible non-profit organizations or cor- porations after May 15th and before June 1st shall be handled as specified in subsection A1 of section 8.44.030. -1- SECTION III. That section 8.44.040 D. of the Bakersfield Municipal Code is hereby amended to read as follows: 8.44.040 D. Each application shall be accompanied by an assurance that if the permit is issued to the applicant, the applicant shall, at the time prior to receiving such permit, deliver to the City evidence of 1) 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 of not less than one million ($1,000,000) per occurrence; and 2) workers compensation, with statutory limits and employers liability insurance with limits of not less than one million ($1,000,000) per accident. 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 applicants insurance and shall not contribute with it. The applicants shall save, hold harmless and indemnify the city, its officers, agents, employees and volun- teers 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 agents or employees under the terms of any permit issued under this chapter. 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. .......... 000 .......... -2- I HEREBY CERTIFY that and adopted by the Council of lar meeting thereof held on by the following vote: the foregoing Ordinance was passed the City of Bakersfield at a regu- February 4, 1987 AYES: COUNCILMEMBERS: CHILDS, CffRISTENSEN,~. RAT[Y, MOORE, DIC~£r~3(~, ~ALVAGGIO .o s: COUNC LMEMBE.S: ABSTAINING: COUNCILMEMbERS: CITY CLERK and Ex Officio Clerk of Council of the City of Bakersfield the APPROVED February 4, 1987 MA.~J,t of the City oI'~'~akersfield APPROVED as to form: CIT~-ATTORNEY of the City of Bakersfield 10.FWORKS1 Ordinance - Fireworks -3- Permits AfrOave! of j os ng r uan es STATE OF CALIFORNIA t 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 February 11 , 19 87 , 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 February 4 , 19 87 , which ordinance was numbered 3086 New Series, and entitled: An Ordinance of the Council of the City of Bakersfield amending Sections 8.44.030 A. 1., 8.44.040 A. and 8.44.040 D. of the Bakersfield Municipal Code relative to application requirements for fireworks permits. City Clerk Subscribed and sworn to before me this · ~.!th.. day of ...... ~br~.r~ ....................... Y GAFFOED