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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. -- Page 2 of 6 Pages -- 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. -- Page 3 of 6 Pages -- 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. -- Page 4 of 6 Pages -- 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 .......... -- Page 5 of 6 Pages -- 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 -- Page 6 of 6 Pages -- 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