Loading...
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. Page 1 of 2 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 S:\COUNCIL\Ords\BabyTamOrd.wpd Page 2 of 2 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 ~ ~ S:\DOCUMENT~AOPOSTING JanuapJ 13, 2000