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
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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.
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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
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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
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