HomeMy WebLinkAboutORD NO 3807ORDINANCE NO. 3 8 0 ?
AN ORDINANCE AMENDING CHAPTER 10.69 OF
THE BAKERSFIELD MUNICIPAL CODE
RELATING TO SPECIAL EVENTS.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 10.69 of the Bakersfield Municipal Code is hereby amended to read as
follows:
Sections:
10.69.010
10.69.020
10.69.030
10.69.040
10.69.050
10.69.060
Chapter 10.69
SPECIAL EVENTS
Definitions.
Permit required.
Application m Issuance -- Fee.
Regulations.
Revocation.
Appeal.
10.69.010 Definitions.
Whenever used in this chapter, unless a different meaning clearly appears
from the context, the words set out in this section shall have the following meanings:
A. "Special event" means any commercial or business promotion or
athletic event upon any public street, public sidewalk, public alley or other public place
which does not comply with normal and usual traffic regulation or controls.
B. "Person" means any individual, partnership, corporation or association
of any nature whatsoever.
-- Page 1 of 7 Pages --
10.69.020 Permit required.
It is unlawful for any person to conduct a special event in the city in violation
of this chapter, or without having a valid permit therefor in accordance with the provisions
of this chapter.
10.69.030 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 ten days
prior to the event nor more than ninety days prior to the event, shall be signed under
penalty of perjury by an authorized representative of the applicant organization and shall
require the following information:
1. The name, mailing address, and telephone number of the
organization applying for and conducting the special event and of the event chairman;
2. The name of the event, including names of each sponsoring or
sanctioning organization;
3. The route, if for an athletic race;
4. The proposed date and times;
5. Estimated completion time, if for an athletic race;
6. Estimated number of entrants or attendees.
7. Prior permits held by any named organization and whether such
permits were ever revoked or suspended and the reasons therefor;
8. The business tax certificate number of the applicant
organization, or letter granting tax-exempt status to the applicant organization.
9. For races, the names, assigned locations and duties of all
officials required to be at the special event as set forth in Section 10.69.040 (C), and a
description by which such officials may be identified.
10. Any rights-of-way which will need to be closed to the public.
B. The application shall be accompanied by the following documents:
-- Page 2 of 7 Pages --
1. 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.
2. 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;
3. Cash deposit in an amount acceptable to the city manager or
his designee to insure payment of the costs of the city resulting from the event and to
insure cleanup and restoration of the subject site.
4. A copy of the written instructions that will be provided to the
required official at the special event.
C. The applicant shall notify all business owners located adjacent to any
right-of-way which will need to be closed for the event. Proof of written notice shall be
submitted to the city manager or designee.
D. The city manager or designee may, in his or her discretion, issue a
permit if he finds:
1. That the application is complete and truthful;
2. That the applicant is adequately insured;
3. That the special event for which the application is made will be
maintained and conducted in accordance with all federal, state and local laws;
4. That operation of such event at such location will not present
any substantial hazard to vehicular or pedestrian traffic, nor impede the movement of
emergency vehicles;
-- Page 3 of 7 Pages --
5. 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.
6. That the applicant has not had a permit, issued under this
section, revoked, unless the city manager or his designee finds that the reasons for such
revocation are unrelated to this application;
7. That the conduct of the event will not constitute an
unreasonable burden on city employees or resources, nor create an unreasonable
disturbance to the neighboring areas;
8. That the event, if an athletic race, will move from its starting
point to its finish line expeditiously;
9. That such event will not interfere with, or conflict with, another
special event or parade for which a permit has been issued or for which no permit is
required; and
D. All permits issued pursuant to this chapter shall be valid only as to
those dates, times and locations listed on the permit, unless earlier suspended or revoked.
E. At the time of filing an application for a permit, the applicant shall pay
a fee not to exceed the reasonable cost of processing any such application as authorized
by Chapter 3.70. The applicant shall also pay all the direct costs of the city, including, but
not limited to, traffic control and police services prior to issuance of the permit.
F. Permits may be issued with conditions to ensure that the event will be
operated in a safe and legal manner, will not disturb the peace and quiet of the
neighborhood and will not constitute an undue burden on city resources.
10.69.040 Regulations.
A Except for races, no special event shall be held in any residentially
zoned area of the city.
B. One person, designated on the application, shall be in charge of, and
responsible for, the special event.
C. For races, a minimum of five officials shall be stationed within each mile
of the route of the special event to ensure order, and a minimum of six officials shall be
assigned to assure order at the finish line. Each official shall be readily distinguishable
-- Page 4 of 7 Pages --
ORIGINAL
through some visible means of identification. First aid stations and/or private ambulances
shall be provided to administer basic first aid to participants in the race.
D. Within such time prior to the starting time as directed by the police
chief, the permit holder shall obtain barricades and/or cones and place such devices in
such locations as are specified by the police chief. As soon as practicable after conclusion
of the special event, and in no event later than two hours after the conclusion of the
special event, the permit holder shall pick up and return barricades and/or cones needed
for the event and pay the city for any lost or stolen barricades and/or cones.
E. No person shall, without the consent of the permit holder, join or
participate in a special event, or in any manner interfere with its orderly conduct.
F. The city manager or designee may impose reasonable requirements
concerning the time and place of the special event, accommodation of traffic and such
other requirements as he or she finds to be reasonably necessary for the protection of
persons or property.
10.69.050 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 safety of persons or property requires such revocation.
D. That the special event is interfering with the peace and quiet of the
neighborhood.
10.69.060 Appeal.
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 permit holder 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
-- Page 5 of 7 Pages --
hearing, sustain, suspend or overrule the decision of the city manager or his designee,
which decision shall be final and conclusive.
B. Pending the hearing before the council, the decision of the city manager
or his 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.
This Ordinance shall be posted in accordance with the Bakersfield Municipal
Code and shall become effective thirty (30) days from and after the date of its passage.
.......... o0o ..........
-- Page 6 of 7 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 ~10V "5 1997
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, SMITH, MCDERMOTT, ROWLES, SULLIVAN, SALVAGGIO
COUNCILMEMBER ~ ~/~ ~,
COUNCILMEMBER
COUNCILMEMBER
CITY CLERK and Ex Officio Cl~'rk of the
Council of the City of Bakersfield
APPROVED: NOV .~ 1997
BOB PRICE, MA~'OR
CITY OF BAKERSFIELD
APPROVED AS TO FORM:
JUDY K. SKOUSEN
CITYATTORNEY
Assistant City Attorney
LCM:bsb
S:~COUNClL~ORD~EVENT.ORD--October 13, 1997
-- Page 7 of 7 Pages --
OR]GiN,~L
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA )
) SS.
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 Hall,
a full, true and correct copy of the following: Ordinance No. 3807, passed by the
Bakersfield City Council at a meeting held on the 5th day of November, 1997, and entitled:
Ordinance amending Chapter 10.69 of the Bakersfield
Municipal Code relating to special events.
Is/ PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPUTY City Clerk