Loading...
HomeMy WebLinkAboutORD NO 5015i ORDINANCE NO. ORDINANCE AMENDING CHAPTER: 10.64, SECTIONS 10.64.020 AND 10.64.040 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO ABANDONED OR JUNK VEHICLES.'i BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 10.64.020 of the Bakersfield Municipal Code is hereby amended to read as follows: 10.64.020 Maintenance unlawful—Penalty. A. It is unlawful for any person to maintain an abandoned or junk vehicle on public or private property in such a manner that the vehicle is visible to the general public; provided, however, that this section shall be inapplicable to a vehicle or part thereof which is stored or parked in a lawful manner on private property in conjunction with the business of a licensed dismantler, licensed vehicle dealer, lawful junkyard, vehicle 'repair business or school training program; further provided, that this section shall be inapplicable to one such vehicle parked on any paved surface of any single-family residence; provided, that such vehicle, except for such times as one or more persons are present andworking on such vehicle, is covered by a fitted opaque cover, no vehicle parts or tools are visible and shall have all licenses required by the State of California. B. Any person who violates any provisions of this section and who had been convicted of such violations less than four times in the preceding twelve month period shall be guilty of an infraction and, upon conviction thereof, shall be punishable by: 1. A fine not exceeding one hundred dollars for a first violation within one year; 2. A fine not exceeding two hundred dollars for a second violation within one year; 3. A fine not exceeding five hundred dollars for a third violation within one year. C. Any person who violates any provisions of this section shall, upon conviction gAKF of any fourth or more violation within any twelve-month period, be guilty of a �ORIGAAL misdemeanor, and upon conviction thereof shall be punishable by a fine not exceeding one thousand dollars, or by imprisonment in the County Jail not exceeding six months, or by both such fine and imprisonment. Each day during which any violation continues shall constitute a separate offense. SECTION 2. Section 10.64.030 of the Bakersfield Municipal Code is hereby amended to read as follows: 10.64.040 Definitions. For purposes of this chapter, the following words and phrases shall have the meaning ascribed therefor: A. "Abandoned or junk vehicle" means a vehicle or any major portion thereof which is incapable of movement under its oven power and will remain so without major repair. B. "Major repair" means the removal from any vehicle of a major portion thereof including, but not limited to, the differential, transmission, head, engine block, or oil pan. C. "Motor vehicle" means a vehicle which is self-propelled. D. "Vehicle" means any device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively by human power or used exclusively upon stationary rails or track. E. "Fitted opaque cover" means a fabric designed to specifically cover a type of vehicle in a color that is neutral earth tone and not a tarpaulin. SECTION 3. 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. ---------000---=------ v v OHIGI VAL 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 SEP 0 9 2020 by the following vote: AYE ' COUNCILMEMBER: RIVERA, GONZALES,WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER NOES: COUNCILMEMBER: NONE ABSTAIN: COUNCILMEMBER: NONE ABSENT: COUNCILMEMBER: J LIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: SEP O 9 2020 By: 00 0 4wr -o KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: VIRIDIA GALLARDO-KING 1 Deputy City Attorney VGK/vlg S:\COUNCIL\Ords\20-21 \ 10.64.020& 10.64.040-AbandonedVehiclesRdln.docx AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) JULIE DRIMAKIS, 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 14th day of September, 2020 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 5015, passed by the Bakersfield City Council at a meeting held on the 9th day of September, 2020 and entitled: AN ORDINANCE AMENDING CHAPTER 10.64, SECTIONS 10.64.020 AND 10.64.040 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO ABANDONED OR JUNK VEHICLES. JULIE DRIMAKIS, CMC City Clerk and Ex Officio of the Council of the City of Bakersfield By: DE TY_Ci y Cler S: \DOC UMEN'RFORMS\AOP.ORD.wpd � v ORIGINAL AL