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HomeMy WebLinkAboutORD NO 1383 ORDINANCE NO. 1383 NEW 8ERIES AN EHERGENCY ORDINANCE ADDING .TITLE 18 TO THE I~u'NICIPAL CODE OF THE CITY OF BAKERS- FIELD REGULATING THE CONSTRUCTION OF FALL- OUT SHELTERS. WHEREAS, the threat of an enemy attack employing nuclear weapons is a potential hazard to the health and safety of the residents of the City of Bakersfield, and WHEREAS, it is: the' policy of the City Council to encourage property owners to construct shelters for the purpose of protecting human life from the hazard of radioactive fall-out, and WHEREAS, an emergency exists requiring that regulations be established for the construction of fall-out shelters within the City of Bakersfield, NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: Section 18.02.010. DEFINITIONS. (a) FALL-OUT SHELTER - A structure designed and intended to be used exclusively for the purpose of protecting human life from the effects of nuclear bombs. (b) BUILDING OFFICIAL - The term building official means the Chief Building Inspector of the City of Bakersf~'eld. (c) YARD AREA - Land unoccupied or unobstructed, except for such encroachments as may be permitted by Chapter 17 of this Code (Zoning) surrounding a building. Section 18.02.020. PERMIT REQUIRED. No person, firm or corporation shall erect, construct, enlarge, alter, repair, move, flnprove, remove, convert or d~mol~sh any Fall-Out Shelter in the City or cause the same to be done, without first obtaining a permit from' the Building Official of the City of Bakersfield. Section 18.02.030. ZONING. A Fall-out Shelter may be constructed in and shall be a per- missible accessory use in any zone within the City of Bakersfield provided that the structure complies with all applicable provisions of Chapter 17 of this code entitled: "Zonin§"~ except as hereinafter provided: A. Pe~-,,,itted Yard Encroachments Notwithstanding the provisions of Chapter 17.52.160 of this code entitled ~fard Encroachments"~ a Fall-out Shelter may be constructed in any yard area provided that the following conditions are satisfied: (1) Each Fall-out Shelter must be constructed so that it does not protrude above the existing grade of the lot~ with the exception of the ventilators and entrance way. (2) The placement of ventilators and entrance ways must be approved by the Building Official. Entrance ways shall not protrude more than tw~enty-four inches (24") above ~he existing grade of the lot. Ventilators shall not protrude more than thirty-six inches (36") above the existing grade of the lot. (3) Landscaping - Each Fall-out Shelter must be landscaped and protected so as not to be unsightly or. injurious to the property and improvements in the general vicinity~ to the satisfaction of the Building Official. (4) Use For Storage - Each Fall-out Shelter constructed in a yard area shall not be used to store goods or materials other that those reasonably necessary for emergency civil defense purposes. Section 18.02.040. STRUCTURAL STANDARDS. Each Fall-out Shelter must confom to the requirements of the Uniform Building Code, The Uniform Ele.ctrical Code, and' the Uniform Plumbing Code as enacted in Chapter 13 of this Code, and must conform to the minimum standards of the Office of Civil and Defense Mobili- zation. B. Ladders - For purposes of ingress and egress to a Fall- out Shelter a ladder may be used instead of a stairway. Section 18.02.050. PENALTY FOI~ VIOLATIONS. Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is co~n..~tted, continued, or permitted, and upon conviction of any such person shall be punishable by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the County Jail for a period of not more than six (6) months, or by both such fine and imprisonment. Section 18.02.060. This ordinance is hereby declared to be an emergency measure within the meaning of Section 9 of the Charter of the City of Bakersfield, State of California, and necessary to provide for the preservation of the public health, peace, property and safety and shall be effective on and after September 18, 1961. I HEREBY CERTIFY that the foregoing Emergency Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meetin~ thereof held on the 18th day of September, 1961, by the following vote: AYES: BALD',,,":", CCL[ :: 1.~. C~O"-~. DCOLIN, MARCi :3^;'.1:.:S, A. IO~MAN, ,STIERN ABSENT: AF~TAINING~ ~~. Council of the airy of Bakersfield. APPROVED this 18th day of September, 1961. NAYOI~ 6f the City of Bakersfield. Affi au/t of lost ng ( r a es STATE OF CALIFORNIA, ~ County of Kern ~ ss. MARIAN S. IRVIN, 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-----t--h--e.---.-~-.9-.-t---h...-.d-~..--<~--~-~Itt~l]3~r., .................... ,19.~J~_. she posted on the Bulletin Board at the City H~], a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held om ........ .t...h...e_...l_8...t_.h.._.d_a.][...0..f....~.~j~.~.e~]l~z....., 19.~,],.., which ordJ~a-ce was numbered ..... .~.3...8._.3. .................... New Series, and entitled: AN EMERGENCY ORDINANCE ADDING TITLE 18 TO THE MUNICIPAL CODE OF THE CITY OF BAICERS- FIELD REGULATING THE CONSTRUCTION OF FALL- OUT SHELTERS, Subscribed and sworn to before me this ...l_.9..~..h...day of. ......... .S...e.P_~...e~..._b...e..r..z .......... , 19..~.],.. · ' ..: ~-.:': ...... -. ........................................................................... -~ '..". '. '. ~"W-'4X.I'=~.I"=~ '.~:. ,. 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