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HomeMy WebLinkAboutORD NO 4193ORDINANCE NO. 4193 AN ORDINANCE AMENDING SECTION 12.44.031 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO SPECIAL PERMITS FOR DOWNTOWN PROMOTIONS BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 12.44.031 is hereby amended to read as follows: 12.44.031 - Special permits for downtown promotions. A. The downtown business and property owners' association, upon application to the city manager, may obtain a permit to allow the sale and display of merchandise upon streets and sidewalks within the area bounded by Truxtun Avenue on the south, "H" Street on the west, 22nd Street on the north, "M" Street on the east. B. Application for said permit shall be filed at least twenty calendar days before the planned event. At least fourteen calendar days before the event, the applicant shall provide the names of the persons, organizations and/or businesses that will be participating in any sale or promotion, and proof of insurance in the amount of one million dollars, naming the city as an additional insured. In addition, if the applicant seeks to close streets, the application shall indicate the streets that the downtown business and property owners' association requests to be closed, the period of time of closure, and proof of written notice that the applicant has notified all business owners located adjacent to any right-of-way which will be closed for the event. The downtown business and property owners' association shall be responsible for all costs incurred by the city in connection with the street closures. C. The city manager shall review the application for such permit and may deny the permit or impose restrictions and conditions that he deems appropriate to create the least disruption of vehicular and pedestrian traffic within the downtown area, and to establish the charges for necessary city services. D. The city manager shall review the application for such permit and may deny the permit or impose restrictions and conditions that he deems appropriate to create the least disruption of vehicular and pedestrian traffic within the downtown area, and to establish the charges for the necessary city services. E. A maximum of fifty-two permits may be issued in any calendar year. --Page 1 of 3 Pages -- OR,Gh~ , F. The city manager will review Section 12.44.031 annually to determine whether the number of permits authorized herein shall be adjusted up or down. (Ord. 4008 9 1,2001; Ord. 3764 99 1,2, 1997; Ord. 3184 § 1, 1988; Ord. 3069 9 1, 1986; Ord. 3022 9 1, 1986) G. All events must comply with State and Federal laws including but not limited to the requirement that farmers' markets must be certified by the Kern County agricultural commissioner, and must provide proof of the certification with the application. SECTION 2. 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. ..... ooOoo ..... --Page 2 of 3 Pages -- 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 ~, by the following vote: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HA ON, SUL VAN, SALVAGGIO COUNCILMEMBER ~ COUNCILMEMBER ~ COUNCILMEMBER "Yt..,Ir.c~L. CITY CLERK and EX OFFICIO o~//t/ne Council of the City of Bakersfield' APPROVED: JUN 0 9 2004 B¥:~ CITY OF BAKERSFIELD APPROVED AS TO FORM: VIRGINIA GENNAIRO/ City Attorney ~ ~ / V,~GINIA G~N'NARO City Attorney VG:ls S:\COUNCIL\Ords\04-05 Ords\12.44.031Amnd finaISidewalks.doc --Page 3 of 3 Pages-- 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 10th dayof June , 2004 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4193., passed by the Bakersfield City Council at a meeting held on the 9th day of June, 2004 and entitled: AN ORDINANCE AMENDING SECTION 12.44.031 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO SPECIAL PERMITS FOR DOWNTOWN PROMOTIONS /si PAMELA A. McCARTHY City Clerk of the City of Bakersfield v DEPUTe¢ City Clerk ORIGINAL