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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 - 3 - 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. - 5 - 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. - 7 - 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 .......... - 9 - 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 - 10 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