HomeMy WebLinkAboutORD NO 3948ORDINANCE NO. 3 9 ~t 8
AN ORDINANCE ADDING CHAPTER 1.50 TO THE
BAKERSFIELD MUNICIPAL CODE ("BMC") REGARDING
EXPEDITED JUDICIAL REVIEW OF BMC PROVISIONS
AFFECTING RIGHTS PROTECTED BY THE FIRST
AMENDMENT TO THE UNITED STATES CONSTITUTION.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
The City Council finds as follows:
A. On July 1, 1999, Section 1094.8 was added to the California Code of Civil
Procedure which allows expedited judicial review of a public agency's issuance, revocation,
suspension, or denial of a permit or other entitlement for expressive conduct protected by
the First Amendment of the United States Constitution; and
B. This section was adopted by the California Legislature in response to a court
case decided by the Ninth Circuit Federal Court of Appeals entitled Baby Tam v. City of
Las Vegas (9~h Cir. 1998) 154 F.3d 1097. The Baby Tam case determined that a city
ordinance affecting rights protected by the First Amendment to the United states
Constitution was facially unconstitutional because it failed to provide for prompt judicial
review; and
C. After reviewing the Bakersfield Municipal Code ("BMC"), the City Council has
determined that it is in the public's interest to incorporate the provisions of 1094.8 into our
BMC for such expedited judicial review.
SECTION 2.
Chapter 1.50 of the Bakersfield Municipal Code is hereby added to read as follows:
CHAPTER 1.50
EXPEDITED JUDICIAL REVIEW
1.50 Expedited Judicial Review.
Any action or proceeding in a court of competent jurisdiction to review the issuance,
revocation, suspension, or denial of a permit or other entitlement for expressive conduct
protected by the First Amendment to the United States Constitution shall be conducted in
accordance with California Code of Civil Procedure section 1094.8, or as may be amended
hereafter.
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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.
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 JAN 12 Z00,Oby the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO
COUNClLMEMBER ~¢~
COUNCILMEMBER ~0~
COUNCILMEMBER ~0~
CITY CLERK and EX OFFICIO
Council of the City of Bakersfield
APPROVED: JAN 1~, Z000
Mayor
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
Deputy City Attorney
GG:cj
November 17, 1999
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern )
PAMELA A. McCARTHY, 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 13th day of January , 2000 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 3948 , passed by the
Bakersfield City Council at a meeting held on the 12th day of January 2000 and
entitled:
An ordinance adding chapter 1.50 to the Bakersfield Municipal Code ("BMC")
regarding expedited judicial review of BMC provisions affecting rights
protected by the first amendment to the United States Constitution.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPUTY City Clerk ~ ~
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JanuapJ 13, 2000