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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