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Home My WebLink AboutORD NO 3126ORDINANCE NO. 3126 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 10.82 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO PROHIBITION OF MOTOR VEHICLES WITHIN PRIMARY AND SECONDARY FLOODPLAINS OF THE KERN RIVER. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION I. Chapter 10.82 is hereby added to the Bakersfield Municipal Code to read as follows: Chapter 10.82 OPERATION OF MOTOR VEHICLES IN THE PRIMARY AND SECONDARY FLOODPLAINS OF THE KERN RIVER PROHIBITED - EXCEPTIONS. Sections: 10.82.010 Definitions. 10.82.020 Operation of motor vehicles within primary and secondary floodplain prohibited - exceptions. 10.82.030 Violation Penalty. 10.82.010 Definitions. As used in this Chapter, the "Primary" and "Secondary" floodplains of the Kern River are defined as those areas so depicted on that certain legal description and map attached hereto and by reference incorporated herein. 10.82.020 Operations of motor vehicles in primary and secondary floodplain prohibited - exceptions. A. It is unlawful for any person to operate, park or locate any motor vehicle within the primary or secondary floodplains of the Kern River. B. This section shall not apply to public employees operating within the course or scope of their employment, to any person operating under permit from the City, or to the owners of property within the primary or secondary floodplains, or their agents, assignees, lessees, licensees or permittees upon their property operating within the course and scope of their employ- ment. 10.82.030 Violation - Pena~t_~. Any person who violates any provision of this chapter shall be guilty of an infraction and upon conviction shall be punishable by: A. A fine not exceeding fifty dollars ($50.00) for a first violation; B. A fine not exceeding two hundred dollars ($200.00) for a second violation within one year; C. A fine not exceeding five hundred dollars ($500.00) for each additional violation within one year. SECTION II. This ordinance shall be posted in accordance with the City Charter Provisions and shall become effective on February 1, 1988. .......... o0o .......... - 2 - I 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 December 9, 1987 by the following vote: ' AYES: COUNCILMEMBERS: CHILDS, BeMOND. SMITH. RAI-rY PETERSON. McDERMOTT, SALVADGIO NOES COUNCIL MEMBERS None ABSENT; COUNCILMEMBERS None ABS]'AINING: COUNCILMEMB[!RS; None CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED December 9, 1987 MAYOR of the City ~f Bakersfield APPROVED as to form: INTERIMi~CIT~ATT~NEY df the City of Bak rsf' d ADD/lg/meg O ORD 5 0.FWAYS1 12/4/87 - 3 - EXHtBI]' "A" CITY OF' BAKERSFIELD OFF ROAD VEHICLE RES1-RICTED AREA NORTHERN BOUNDARY Beginning at ~he intersection of: the North Levee of the Ke~n River and the North bank of the Beardsley Canal, at the Beardsley Canal Inlet Structure~ 1. Thence westerly along the North bank o¥ the Beardslay Canal to the Beardsley Canal Meterincj Structure, at the Rocky Poir~t Weir, ' 2. Thence continuing westerly along the North Levee of Ehe Kern River to its intersection with Manor Street, J]. Thenc:e northerly along the West right-of-way of Manor Street to its intersection with the North Levee of the Kern River, 4. Thence westerly along the North Levee of ti~e Kern River to the Calloway Weir, 5. Thence westerly along the North Bank of the Calloway Canal to its intersection with the Cross Valley Canal, 6. Thence westerly aloog the South right-of-way of the Cross Valley Canal, which is the North Levee of the Kern River, to the 24th Street bridge, ' 7. Thence southwesterly along a curve concave to the Seuth- east 'Following the East bound 24th Street off ramp from Highway 9~ North to the point o¢ intersection with the South right-of-wa,., 1 ine of the [::r"o~ss Valley Canal , ' 8. Thence westerly along the South right-of-way of the Cross Valley Canal crossing State Highway 99, Coffee Road, and Stockdale Highway to the East line of ~ec~:~on 4~ Township 30 South~ Range 26 East~ ' 9. Thence along the North Levee of the Kern River the following courses: (a) Southerly along ti~e East line of Section 4. 1,/4 mile to the southeast 1/'16 ]ine of Section -4, (b) Westerly along the South 1/16 line, 1/4 mile ~.o the East 1/16 line, (c) Southerly aleng the East 1/16 line, 1/4 mile to the South line of Section 4, (d) Westerly along the c, ~out h line of Section 4~ 1/2 mile to the West 1/16 line, ' (e) Southerly along the West 1/16 line of Section 9~ T 50 S, R 26 E, i '~ mile to the East-West centerline Section (f) Westerly along the East-West centerline of Section 9 and 8, one mile to the West 1/16 line of Section 8, T 30 S, R 26 E, (g) Southerly along the West 1/16 line of Section 8 to the North line of the South 820 feet of Section 8, (h) Westerly along the North line of the South 820 feet of Section 8, 1/4 mile to the West line of Section 8~ (i) Southerly 820 feet along the West line of Section 8 to the Northeast corner of Section 18, T 3~ S, R 26 E, (j) Westerly along the North line of Sec:tion 18 to the West line of the East 900 feet of Section 18, (k) Southerly ~;/8 mile along the West 900 feet to a point on the North line of the South half of the North half of Section line of said Ease the South half of 18, (1) Westerly along said North the South half of the North half of the West line of the East ~'700 feet of said Section i8, line of the South half of Section 18, to a point on of the Northwest quarter (m) Southerly along said West line of the East 1'700 feet of the Northwest quarter of said Section 18, to the East-West center) the of Section :1.8, (n) Westerly along said East-West centerline of said Section 18 to the East quarter corner of Section t~%, T c]} S, R 25 E, (o) Southerly along the East line of Section J.:]~ mile to the South 1/].6 line~ (p) Westerly along the South 1/16 line, 1/2 mile Lo the North-South centerline of Section 1'~r (q) Southerl, y along the North-South centerl i ne of Section 1~ 1/4 mile to the North 1/4 corner of Section .'o,. T 30 S, R 25 E, (r) Westerly along the North line of Sec:tion 24 to the West line of the East half oF the WesL half of the Ne~.theast quarter of the Northwest quarter of said Section 24, (s) Southerly along said West line of the East half of the West half of the Northeast quarter of the Northwe~_st quarter of said Section .24, 1/4 mile to the North 1,"16 line of said Section 24, (t) Westerly along the North t/16 line to the West line Section ~4, which is Enos Lane? (u) Southerly along Enos Lane to its intersection with the North Levee of the Kern River, (v) WesterZy along the North Levee of the ~ern River to its inkersection with the East-West centerline of Sectien 2~, T 30 S, R 25 E, (w) Westert¥ along the East-West centerline of 23 to its intersection with the East right-o~-way of state 5. Secticn Inter- SOUTHERN BOUNDARY Beginning at the intersection ef the East-West centerline of o~ '~ -' 25 Section ~,, T S, R E~ and the East right-o¥-wav of Interstate '= ' · ~, as described in (w) above, I. 'Thence southerly along the East ~ight-o¥-way of Inter- stat~ 5 to its intersection with the Sooth Levee of the Kern Ri vel~ , 2. 'Thence easterly along the South Levee of the Kern River to its intersection with Enos Lane, 3. Thence continuing easterly along the South Levee of the ~[ern River to its intersection with the Kern River- Canal at the Diversion Weir, 4. Thence easterly along the South right-of-way of the Kern River Canal, to the East line of Section 16, T 30 S, R 26 E, which is its intersection with the South Levee of the Kern River, 5. Thence along the SoLith Levee of the Kern River the (a) Northerly along the East lines o~ Sections 16 ancI 9, T 3~ ~- R 26 . o, E~ to the West 1/.4 corner of Section 10, T 30 S, R 26 E ' (b) Easterly along the East-West centerline of Section 10 1/4 mile to the West 1/i6 line of Section 10, (c) Northerly along the West 1/1~. line, 1/4 mile to the North 1/16 line of Section 10, 6. 'Thence continuing easterly and northerly along the South Levee of the Kern River, through Sections 10, 3, - ~, and R 2o E, to its intersection with Stockdale Highway, 7. Thence continuing easterly of Stockdale Highway along the Sou~:h Levee of the Kern River', thr-ough Sections 1, T 50 S, R 26 E, and Section 6, T 30 S, R o~. E, and Sections 511 and R 2¢.) E, to the West end o~ the Kern River Bike Path at Cal-State Bakersfief[ d, 8. Tl-~ence con(:inuing easterly along the South Levee of t. lne Kern River, which is also the Kern River Bike Path, to its cross- ing of Co~fee Road at Truxtun Avenue Extension, 9. Thence continuing easterly of Tru,~,'tun Avenue Extension ~o its Rai 1 road, along the North intersection with right-of-way the Sante Fe ~(). Thence continuing easterly aloog the South Levee o~ the Kern River, which is also the Kern River Bike Path, crossing State Highway 99 and 24th Street to a point where the Carrier' Canal diverges from the Kern River- Levee~ 11. Thence '~ollowing the northerly and westerly right-of-way line of the Carrier Canal, crossing Golden State Highway and th.~ Southern Pacific Railroad and continuing northeasterly to the point of intersection with the Kern River Bike Path, which is the South Levee of the Kern River', 1=. Thence continuing in a northeasterly direction along the Kern River' Bike Path, crossing Chester Avenue, to the end o¥ the Kern River- Bike Path at Manor Street., 15. Thence continuing easterly along the South right--of-way of the Carrier Canal to the Rocky Point Weir, L4. Thence continuing northerly and easterly along the South Levee of the Kern Riwer, crossing China Grade Loop~ and ending at tlne Beardsley Weir. :1.5. 'Thence northerly across the Beardsley Weir" and Beardsley Canal Inlet Structure to the original point o~ beginning. COFFEE ROAD TO BEARDSLEY WEIR FREEWAY I-5 TO COFFEE ROAD SCALE: 1'~4000' ClYY OF BAKERSFIELD OFF ROAD VEHICLE RESTRICTED AREA c,.. o..,...cE .o. 31Zf., AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) County of Kern) $S. CAROL WILLIAMS, Being duly sworn, deposes and says: That she is of Bakersfield; and that on December 15, 1987, 19 Bulletin Board at City Hall, a full, true and ORDINANCE The Bakersfield City Council at a meeting held the City , she posted on the correct copy of the I'ollowing: , No. 3126 , passed by on December 9, 19 87 the duly appointed, acting and qualified City Clerk of and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 10.82 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO PROHIBITION OF MOTOR VEHICLES WITHIN PRIMARY AND SECONDARY FLOODPLAINS OF THE KERN RIVER. CAROL WILLIk~S CITY CLERK of ~he City of Bakersfield / AOPNS