HomeMy WebLinkAboutORD NO 3804ORDINANCE NO. 3 8 0 4
AN ORDINANCE AMENDING CHAPTER 5.38 OF
THE BAKERSFIELD MUNICIPAL CODE
RELATING TO OUTDOOR FESTIVALS,
CIRCUSES, CARNIVALS AND TENT SHOWS;
AND REPEALING CHAPTER 5.36 RELATING TO
CIRCUSES, CARNIVALS AND TENT SHOWS.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 5.38 of the Bakersfield Municipal Code is hereby amended to read as
follows:
Chapter 5.38
OUTDOOR FESTIVALS, CIRCUSES, CARNIVALS AND TENTSHOWS
Sections:
5.38.010
5.38.020
5.38.030
5.38.040
5.38.050
5.38.060
Definitions.
Permit required.
Application -- Issuance -- Fee.
Regulations.
Revocation.
Appeal.
5.38.010 Definitions.
Whenever used in this chapter, unless a different meaning clearly appears from the
context, the words set forth in this section shall have the following meanings:
A. "Circus, carnival or tent show" means a large-scale business using rides,
animals, and/or circus performers conducted entirely independently from a structure upon
a permanent foundation in accordance with the requirements of Chapter 15.12 of this
code.
B. "Outdoor festival" means any outdoor music or dance festival, open-air
theater or tent show, where musical, dramatic or other similar performances are conducted
free of charge or for a fee and to which members of the public are invited.
ORIGINAL
C. "Person" means any individual, partnership, corporation or association of any
nature whatsoever.
5.38.020 Permit required.
Unless specifically permitted by conditional use permit or conducted on publicly-
owned property, it is unlawful for any person to conduct an outdoor festival, circus, carnival
or tentshow in the city in violation of this chapter without having a valid permit therefor in
accordance with the provisions of this chapter.
5.38.030 Application -- Issuance -- Fee.
A. Applications for permits under this section shall be made on forms furnished
by the city manager or his designee, shall be submitted no less than thirty days prior to
commencement of the event, shall be signed under penalty of perjury by the applicant and
shall require the following information:
1. The name, mailing address, title, telephone number, of the applicant,
if not a corporation, and of all persons who will manage the festival;
2. If the applicant is a corporation, the name, mailing address, telephone
number, date and year of incorporation of the applicant;
3 The business tax certificate number of the applicant;
4. Prior permits held and whether such permits were ever revoked or
suspended, and the reasons therefor; and
5. The dates and times for which the applicant wishes to be permitted to
conduct such festival.
6. The maximum number of attendees.
B. The application shall be accompanied by the following documents:
1. A plot plan drawn to scale, showing the location of utilities, improved
parking areas, location of permanent and temporary structures, curb cuts and/or driveways
and identifying the nearest available source of potable water, sanitary facilities, and fire
hydrants;
2. A written authorization from the owner of the location or person in lawful
possession thereof if other than the applicant, for the locating of the activity upon his or
her property.
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ORIGINAL
3. Cash deposit in the sum of one thousand dollars, to be forfeited to the
city in the event the permittee fails to remove all merchandise, equipment and rubbish from
the premises upon which the stand is located before twelve noon on the day after the
expiration date of the permit. The cash deposit shall be returned to the applicant upon full
performance of the requirements of this chapter.
4. Evidence, satisfactory to the city manager or his designee, of: (1)
general liability insurance providing coverage on an occurrence basis for bodily injury,
including death of one or more persons, property damage and personal injury, with limits
as required by the city; and (2) workers' compensation, with statutory limits and employers
liability insurance with limits as required by the city. All policies required of the applicant
hereunder shall be primary insurance as to the city, its mayor, council, officers, agents,
employees and volunteers and any insurance or self-insurance maintained by the city, its
mayor, council, officers, agents, employees and volunteers shall be considered excess
insurance, over and above the applicant's insurance and shall not contribute with it.
5. An agreement, signed by applicants, to save, hold harmless and
indemnify the city, its officer, agents, employees and volunteers from all claims, demands,
damages, judgments, costs or expenses in law or equity that may at any time arise from
or is any way related to any work performed by applicant, his agents or employees under
the terms of any permit issued under this chapter;
C. The city manager or designee may, in his discretion, issue a permit if he
finds:
1. That the application is complete and truthful;
2. The location and the event for which the application is made will be
maintained and conducted in accordance with all federal, state and local laws, including,
but not limited to laws related to health, zoning, fire and safety.
3. That the proposed site is located in a C-2, M-l, M-2, M-3 zone and is
suitable and proper for conducting such event as proposed in the application, irrespective
of the absence of zoning violations.
4. That no permit issued to the same applicant pursuant to this section has
been revoked in the past three years, unless the city manager or his designee finds that
the reasons for such revocation are unrelated to this application.
5. That operation of such activity at such location will not present any
substantial hazard or impediment to vehicular or pedestrian traffic.
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ORIGINAL
6. That parking adequate for the purposes of the activity exists at the
proposed location.
7. Such permit may be issued with conditions to ensure the operation of
the activity in a lawful and peaceful manner.
E. All permits issued under this chapter shall remain in effect only on those
dates and times set forth on the permit, unless earlier suspended or revoked.
F. The applicant shall pay a fee not to exceed the cost of processing any such
application and inspecting such outdoor festival, circus, carnival or tentshow as authorized
in Chapter 3.70.
G. The applicant shall also post a cash deposit, in an amount to be determined
by the city manager or his designee, to cover any costs of the city resulting from the
outdoor festival, and to insure cleanup and restoration of the subject site.
5.38.040 Regulations.
A. No outdoor festival shall take place at any time unless there is displayed in
a location clearly visible to the public a valid permit, issued pursuant to the provisions of
this chapter, to so operate.
B. Any permit issued pursuant to this chapter shall be non-transferrable, and
shall be valid only as to the applicant and location provided on the application for such
permit.
5.38.050 Revocation.
Any permit issued pursuant to this chapter shall be immediately revoked by the city
manager or his designee whenever he finds:
A. That misrepresentations were made on the application; or
B. That any of the terms or conditions of said permit have been violated, or that
the business has been operated in violation of local, state or federal law.
C. That the activity is interfering with the peace and quiet of the neighborhood.
D. That the safety of persons or property requires such revocation.
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ORIGINAL
5.38.060 AD_oeal.
A. Should any applicant be dissatisfied with the decision of the city manager or
designee not to grant a permit or revoking a permit, then said applicant may, no later than
ten days after notice of such decision is deposited in the United States mail, addressed
to the applicant or permittee at the address provided on the application, make written
objection to the city council setting forth the grounds for dissatisfaction, whereupon the
council shall hear said objections at a regular meeting no later than three weeks following
the filing of the objection with the city clerk. The applicant shall be given written notice no
less than three days prior to said hearing. The council may, upon said hearing, sustain,
suspend or overrule the decision of the city manager or designee, which decision shall be
final and conclusive.
B. Pending the hearing before the council, the decision of the city manager or
designee shall remain in full force and effect and any reversal thereof by the city council
shall not be retroactive but shall take effect as of the date of the council's decision.
SECTION 2.
Chapter 5.36 of the Bakersfield Municipal Code, relating to Circuses, Carnivals and
Tent Shows is hereby repealed.
SECTION 3.
This Ordinance shall be posted in accordance with provisions of the Bakersfield
Municipal Code and shall become effective thirty (30) days from and after the date of its
passage.
.......... o0o ..........
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ORIGINAL
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 NnV 5 1997
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, SMITH, MCDERMOTT, ROWLES, SULLIVAN, SALVAGGIO
COUNCILMEMBER ~ )~
COUNCILMEMBER V~J'~ ~
COUNCILMEMBER V~ ~,~-J~ ~
CITY CLERK and Ex Officio Clerl~f the
Council of the City of Bakersfield
APPROVED: NOV P 5 1997
BO!~ PRICE, MAYOR
CITY OF BAKERSFIELD
APPROVED AS TO FORM:
JUDY K. SKOUSEN
CITY ATTORNEY
By:
Assistant City Attorney
LCM:bsb:fet
S:~COUNCIL~)RD~OUTDOOR.O-2-October 13, 1997
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ORIGINAL
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 6th day of November, 1997 she posted on the Bulletin Board at City Hail,
a full, true and correct copy of the following: Ordinance No. 3804, passed by the
Bakersfield City Council at a meeting held on the 5th day of November, 1997, and entitled:
Ordinance amending Chapter 5.38 of the Bakersfield Municipal
Code relating to outdoor festivals, circuses, carnivals and
tent shows; and repealing Chapter 5.36 relating to circuses,
carnivals and tent shows.
Is/ PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
By: l'_~ t~U-L( -~ tL~_,~,
DEPUTY City Clerk
ORIGINAL