HomeMy WebLinkAboutORD NO 3185ORDINANCE NO.
3185 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING SUBSECTIONS E., F. AND
G. OF SECTION 12.56.020, SECTION 12.56.040,
SUBSECTION J. OF 12.56.050, SECTION 12.56.060,
SUBSECTIONS A.3. AND B. OF SECTION 12.56.100,
SUBSECTIONS A.3. AND B. OF SECTION 12.56.110,
SUBSECTION I. OF SECTION 12.56.140, SECTIONS
12.56.180, 12.56.190 AND 12.56.200, SUBSECTION
B. OF SECTION 12.56.220, SUBSECTIONS C. 2. AND
4. OF SECTION 12.56.240 OF THE BAKERSFIELD MUNI-
CIPAL CODE AND ADDING SECTIONS M. AND N. OF
SECTION 12.56.050, SUBSECTION N. OF SECTION
12.56.120, SUBSECTION A.4. OF SECTION 12.56.150,
SECTION 12.56.155, SUBSECTION C. OF SECTION
12.56.220 AND SECTION 12.56.225 TO THE BAKERS-
FIELD MUNICIPAL CODE AND REPEALING SUBSECTION L.
OF SECTION 12.56.120 OF THE BAKERSFIELD MUNICIPAL
CODE RELATING TO PARKS.
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
Subsections E., F. and G. of Section 12.56.020 of the
Bakersfield Municipal Code are hereby amended to read as follows:
12.56.020 Definitions.
E. "Community park" means a park which serves several
neighborhoods and is planned to provide a greater range of recrea-
tional facilities than a neighborhood park. Central Park, Martin
Luther King Park, Patriots Park and Beach Park are community
parks.
F. "Director of parks" means the Community Services man-
ager of the city or his designee.
G. "Director of recreation" means the Community Services
manager of the city or his designee.
SECTION 2.
Section 12.56.040 of the Bakersfield Municipal Code is
hereby amended to read as follows:
12.56.040 Administrative officers - Duties.
The Community Services manager shall direct the admini-
stration of the divisions of parks and recreation, and it shall be
his duty to:
A. Develop, maintain and operate the parks and recrea-
tional facilities of the city.
B. Issue facility reservations, exclusive use permits,
alcoholic beverage consumption permits, alcoholic beverage sales
permits, and permits for the use of the parks, swimming pools,
softball diamonds or other facilities and enforce the provisions
of this chapter, the resolutions of this city council and other
applicable regulations.
C. Promulgate rules and regulations in the form of an
operations manual for the daily operation of the parks and recre-
ation facilities therein, consistent with the provisions of this
chapter and resolutions of the city council. Such regulations
shall have the force of law and any violation thereof shall con-
stitute a misdemeanor punishable in the same manner as a violation
of a provision of this chapter.
SECTION 3.
Section 12.56.050 J. of the Bakersfield Municipal Code is
hereby amended to read as follows:
12.56.050 Prohibited acts in parks.
person,
ance of
Within the limits of any park, it is unlawful for any
other than a duly authorized city employee in the perform-
his duty, to do any of the following:
J. Be in or upon any park between the hours of ten p.m.
and five a.m., except in the Bakersfield Municipal Sports Cemplex
(formerly Mesa Marin Recreational Facility) and except for partic-
ipants in city-sponsored events, for which the prohibited hours
shall be twelve midnight to five a.m.; provided, however, that
camping and lodging overnight may be permitted when such camping
or lodging is part of an authorized recreational outing under the
supervision of the Community Services Department of the city pur-
suant to a permit granted therefor by the city manager or his
designee; such application may be denied if such use is found to
be inimical to the use of any park by the general public.
SECTION 4.
Section 12.56.060 of the Bakersfield Municipal Code is
hereby amended to read as follows:
12.56.060 Sale of alcoholic beverages prohibited.
The sale of alcoholic beverages is prohibited in all
parks except in the Bakersfield Municipal Sports Complex; provided,
however, that sales of such beverages may be permitted in a commu-
nity park by non-profit organizations in connection with special
events pursuant to a permit granted therefor by the city manager
or his designee.
SECTION 5.
Subsections A.3. and B. of Section 12.56.100 of the
Bakersfield Municipal Code are hereby amended to read as follows:
12.56.100 Facility reservation.
A. Persons may apply for a facility reservation when:
3. The event or activity does not require amplified
speech, amplified music, an exclusive use permit, permits for sale
of alcoholic beverages or other special permits or approvals.
B. Applications shall be filed with the director of parks
not less than two (2) days nor more than two hundred ten (210) days
prior to the proposed event or activity.
SECTION 6.
Subsections A.3. and B. of Section 12.56.110 of the
Bakersfield Municipal Code are hereby amended to read as follows:
12.56.110 Exclusive use permit - Application - Requirements.
A. Persons may apply for an exclusive use permit when:
3. The event or activity requires amplified speech,
amplified music, permits for sale of alcoholic beverages or any
other special permits or approvals.-
B. Applications shall be filed with the director of parks
not less than fifteen days (15) nor more than two hundred ten (210)
days prior to the proposed event, activity or use of the park.
The action of the director may be appealed to the city manager as
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provided in this chapter. The director shall not waive the
fifteen-day period; provided, however, when it is found to be in
the best interests of the administration of the parks, the direc-
tor may waive such period when the applicant voluntarily waives
the appeal rights given in this chapter.
SECTION 7.
Subsection I. of Section 12.56.140 of the Bakersfield
Municipal Code is hereby amended to read as follows:
12.56.140 Exclusive use permit - Conditions for denial.
The Director shall deny the application if he finds that
any of the following conditions exist:
I. When the event involves the sale of alcoholic bever-
ages in any park other than a community park.
SECTION 8.
Section 12.56.180 of the Bakersfield Municipal Code is
hereby amended to read as follows:
12.56.180
Amplified music, amplified speech or alcoholic
beverage sales permits - Application - Generally.
Any person applying for an amplified music, speech or
alcoholic beverage sales permit in a city park shall file an
application for such permit with the director of parks on a form
furnished by the city. Such application, fully completed and
signed, may be filed at the same time or after the applicant has
filed for an exclusive use permit, but not less than fifteen (15)
nor more than two hundred ten (210) days prior to the proposed use
of said equipment. The director of parks may not waive the
fifteen-day period unless the applicant waives all appeal rights.
SECTION 9.
Section 12.56.190 of the Bakersfield Municipal Code is
hereby amended to read as follows:
12.56.190
Amplified music, amplified speech or alcoholic
beverage sales permits - Application - Contents.
The application shall contain the following:
A. Names, addresses, and telephone numbers of the appli-
cant, the sponsoring organization, and the person in charge of
the proposed activity or event.
B. The names of the park and the area or areas therein
being applied for.
C. The date and starting and finishing time of the ampli-
fied music, speech, or sales.
D. The nature of the proposed activity.
E. An estimate of the minimum and maximum number of
customers, spectators, or participants expected to attend.
F. For amplified music or speech permits,
1. The wattage to be used; and
2. The maximum distance for which music will
be heard from the sound equipment.
G. Such other information pertinent to the proposed use
of the sound equipment or issuance of a permit for sales of alco-
holic beverages, as the Director of the city finds necessary and
requires in order to determine whether or not the permit should be
granted, and if granted, the conditions of such permit.
SECTION 10.
Section 12.56.200 of the Bakersfield Municipal Code is
hereby amended to read as follows:
12.56.200
Amplified music, amplified speech or alcoholic
beverage sales permits - Application - Action on.
A. The Director of Parks shall review the application
with the Chief of Police and shall approve, approve with
conditions, or deny the application on or before five days after
the filing of the application unless the time for such action has
been waived by the applicant in writing.
B. The Director may grant the permit when the applicant
has furnished the necessary permits and insurance, as required by
this chapter.
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SECTION 11.
Subsection B. of Section 12.56.220 of the Bakersfield
Municipal Code is hereby amended to read as follows:
12.56.220
Amplified music, amplified speech or alcoholic
beverage sales permits and alcoholic beverage
consumption permits - Conditions for revocation.
B. Any permit issued by the community services manager or
his designee may be revoked by him upon a finding that the per-
mittee has or is substantially violating a condition of the permit.
SECTION 12.
Subsections C. 2. and 4. of Section 12.56.240 of the
Bakersfield Municipal Code are hereby amended to read as foillows:
12.56.240 Sales and fees - Regulations.
C. An operator of a wagon, pushcart, portable concession
stand or other mobile vehicle (hereinafter "vehicle") may sell
food and beverages (except any alcoholic beverage) in city parks
provided each of the following conditions is satisfied:
2. The operator's vehicle is stationed in an approved
off-street paved area of a park designated for such use by the
community services manager or his designee (no sales from curbside
on public streets are permitted):
4. The operator has a city business license and has
obtained a permit from the community services manager or his
designee; such permit shall be posted on the vehicle so al to be
visible to the public and shall be for a period of one year, shall
require payment of a permit fee of fifty dollars per vehicle and
additional twenty-five dollars for each park in which such vehicle
may operate, and shall set forth rules and regulations applicable
thereto, including a requirement for liability insurance coverage
and for keeping the area within a fifty foot radius of the vehicle
clear of all litter, violation of which shall be grounds for revo-
cation of such permit by the community services manager or his
designee. Any permittee whose permit is revoked may appeal such
revocation to the city council pursuant to the procedure set forth
in the rules and regulations.
SECTION 13.
Subsections M. and N. are hereby added to Section
12.56.050 of the Bakersfield Municipal Code to read as follows:
12.56.050 Prohibited acts in parks.
person,
ance of
within the limits of any park, it is unlawful for any
other than a duly authorized city employee in the perform-
his or her duty, to do any of the following:
M. Except as authorized by permit issued pursuant to
Sections 12.56.155 or 12.56.180, possess any can or other recepta-
cle containing any alcoholic beverage which has been opened, or a
seal broken, or the contents of which has been partially removed
except in the Bakersfield Municipal Sports Complex.
N. Take into, exhibit, use, cause to be brought into, or
otherwise cause any bottle or any other glass beverage container,
other than a container displayed as an exhibit in an authorized
art show, to be in any park, or in any parking lot within the park
or adjacent to any park.
SECTION 14.
Subsection N. is hereby added to Section 12.56.120 of
the Bakersfield Municipal Code to read as follows:
12.56.120 Exclusive use permit - Application - Contents.
The application referred to in Section 12.56.110 shall
contain the following:
N. Whether the sale of alcoholic beverages is planned.
SECTION 15.
Subsection A. 4. is hereby added to Section 12.56.150
of Bakersfield Municipal Code to read as follows:
12.56.150 Indemnification and insurance.
A. Before an application for an exclusive use permit is
approved, proof of insurance specified below shall be submitted tc
the Director of Parks in the following cases:
4. When the sale of alcoholic beverages is planned.
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SECTION 16.
Section 12.56.155 is hereby added to the Bakersfield
Municipal Code to read as follows:
12.56.155 Alcoholic beverage permit.
A. The sale of alcoholic beverages may be permitted in a
park pursuant to an exclusive use permit and an alcoholic beverage
sales permit. The consumption of alcoholic beverages may be per-
mitted in a park pursuant to an alcoholic beverage consumption
permit. An alcoholic beverage consumption permit and an alcoholic
beverage sales permit may be obtained by filing an application
with the director of parks and payment of the required fees
therefor.
B. When the sale of alcoholic beverages is planned,
insurance pursuant to Section 12.56.150 is required. The sale of
alcoholic beverages may be allowed only in a community park.
C. Permits for the sale of alcoholic beverages shall not
be issued when another event has been scheduled in the same park
during the same hours that the sale is proposed to be held.
SECTION 17.
Subsection C. is hereby added to Section 12.56.220 of
the Bakersfield Municipal Code to read as follows:
12.56.220
Amplified music, amplified speech or alcoholic
beverage sales permits and alcoholic beverage
consumption permits - Conditions for revocation.
C. Any alcoholic beverage sales or consumption permit may
be revoked by the city manager or his designee, or any law
enforcement officer if any person selling or in possession of an
open container of an alcoholic beverage fails to comply with the
regulations issued with the permit allowing him to sell or possess
such open container; any such revocation may result in refusal to
issue a subsequent permit.
SECTION 18.
Section 12.56.225 is hereby added to the Bakersfield
Municipal Code to read as follows:
12.56.225 Alcoholic beverage consumption permit.
A. Any person over the age of 21 applying for an alco-
holic beverage consumption permit shall file an application for
such permit with the director of parks on a form furnished by the
city. Such application, fully completed and signed must be filed
no less than 48 hours prior to the time of the proposed function.
Application shall be made on weekdays between the hours of 8:00
A.M. and 5:00 P.M.
B. All alcoholic beverage consumption permits shall be
valid for a one-day period only.
C. All permit-holders shall comply with the regulations
issued along with the permit.
SECTION 19.
Subsection L. of Section 12.56.120 of the Bakersfield
Municipal Code is hereby repealed.
SECTION 20.
All portions of this ordinance which regulate consumptio~
of alcoholic beverages shall expire one year from the date this
ordinance becomes effective.
SECTION 21.
This ordinance shall be posted in accordance with the
City Charter provisions and shall be come effective thirty (30)
days from and after the date of its passage.
.......... o0o ..........
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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 regular
meeting thereof held on October 26, 1988 , by the
following vote:
AYES: CCUNC'L~4E[AL[%S ~4~,~noM~NO,
NOES: 00U,~tCItM?~.~E~] Chi l d s
ABSENT: COUNCIL~E~SERS
A~STAINiNG: COUNCILMEMBERS
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED October 26, 1988
MAYOR of the City of B~kersfield
APPROVED as to form:
%
-~TY'A~TOR~EY of the~/i~y of Bakersfield
AJS/LCM/meg
O ORD 4
PARKS.1
10/13/88
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) CS.
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 the 1st day of November , 1988 she
posted on the Bulletin Board at City Hall, a full, true and correct copy of
the following: Ordinance No.
No. 3185 , passed by the Bakersfield
City Council at a meeting held on the 26th day of October , 19 88,
kN ORDINANCE OF THE COUNCIL OF T~ CITY OF BAKERSFIELD AMENDING
and entitled: SUBSECtIONS E., F. AND G. OF SECTION 12.56.020, SECTION 12.56.040,
SUBSECTION J. OF 12.56.050, SECTION 12.56.060, SUBSECTIONS A.3. AND
B. OF SECTION 12.56.100, SUBSECTIONS A.3. AND B. OF SECTION 12.56.110,
SUBSECTION I. OF SECTION 12.56.140, SECTIONS 12.56.180, 12.56.190 AND
12.56.200, SUBSt~]CTION B. OF SECTION 12.56.220, SUBSECTIONS C.2. AND
4. OF SECTION 12.56.240 OF THE ~FI~T.~ MUNICIPAL CODE ~%ND ADDING
SECTIONS M. AND N. OF SECTION 12.56.050, SUBSECTION N. OF SECTION
12.56.120, SUBSECTION A.4. OF SECTION 12.56.150, SECTION 12.56.155,
SUBSECTION C. OF SECTION 12.56. 220 AND SECTION 12.56.225 TO THE
BAKERSFYEL~ bfONICIPAL CODE AND REPEALING SUBSECTION L. OF SECTION
12.56.120 OF THE BAKERSFIELr~ b~JNICIPAL CODE RELATING TO PARKS.
CAROL WILLIAMS
CITY C~ERK 7f the/~ity of Bakersfield
By: g
DEPUTY C~ty Cle?
NSAOPD