HomeMy WebLinkAboutORD NO 1849 ORDINANCE NO. 1849 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD ADDING CHAPTER 1.90 TO THE
MUNICIPAL CODE RELATING TO RIOTS, MOB ACTION
OR OTHER CIVIL DISOBEDIENCE; PROVIDING FOR
EMERGENCY REGULATIONS TO PRESERVE THE PEACE
AND ORDER OF THE CITY; AND PROVIDING
PENALTIES FOR VIOLATION THEREOF.
WHEREAS, it is deemed necessary and in the public interest
that the City take all appropriate action to insure that orderly
procedures exist to protect persons and property of the citizens of
the City of Bakersfield; and
WHEREAS, Article 11, Section 8 of the Constitution grants
to the City the 'power to determine local affairs and government; and
WHEREAS, the City Council of the City of Bakersfield deems
it necessary for the 'protection of life and property and for the
preservation of the public peace and safety to grant certain
executive powers to the Mayor during a riot, general civil disobedi-
ence, or threat of the same.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City
of Bakersfield as follows:
SECTION 1. ~
That Chapter 1.90 be added to the Municipal Code of
the City of Bakersfield to read as follows:
Chapter 1.90
RIOTS, CIVIL DISOBEDIENCE
Sections:
1.90.010 Proclamation
1.90.020 Effective date of Proclamation
1.90.030 RUi&g and Re ulatio s---Co- firmation by Counoil
1.90.040 Powers of Mayor
1.90.050 Termination of Local Emergency
1.90.060 Penalty
1.90.070 Savings Clause
1.90.010 Proclamation. Whenever riots, general civil dis-
obedience or the threat of same occur in the City of Bakersfield,
and it is deemed necessary in order to suppress the riot or act of
civil disobedience, or whenever the Mayor, or in the event of his
inability to act, the Vice-Mayor, at the request of the City Manager
on advice of the Chief of Police, determines that a local emergency
exists as a result of mob action or other civil disobedience, or
the threat of same, causing danger of injury to or damages to
persons or property, he shall forthwith proclaim in writing the
existence of a state of local emergency. He shall cause widespread
publicity and notice to be given such proclamation.
1.90.020 Effective date of Proclamation. The proclamation of
local emergency provided herein shall become effective immediately
upon its issuance and dissemination to the public by appropriate
news media. The state of local emergency exists from the time the
proclamation of emergency is issued until it is duly terminated.
1.90.030 Rules and Regulations--Confirmation by Council. After
the issuance of a proclamation of local emergency the Mayor shall
have the power to make, issue and enforce rules and regulations on
matters reasonably related to the protection of life and property
as affected by such emergency; provided, however, such rules and
regulations must be confirmed at the earliest practicable time by
the City Council. Specifically, he shall have the power to:
a. Curfew
Order a general curfew applicable to such geographical
areas of the City, to the City as a whole, as he deems necessary
in the .!nte,re.s.t. of t_h..e- public .s_af_e_t_.y.. ~.n..d, .w.,e.,1.f~.r,.e.
Curfew is hereby defined as a prohibition against any
person or persons walking, running, loitering, standing or motoring
upon any alley, street, highway, publ.ic 'property or vacant premises
within the corporate limits of the City, excepting persons officially
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designated to duty with reference to said civil emergency and ~.~.~
representatives of the news media, physicians, nurses and ambulance
operators performing medical services, utility personnel maintaining
essential public services, firemen and law enforcement officers
and personnel, and those specifically authorized by duly designated
authority.
b. Business Closin8
Order the closing of any business establishments anywhere
within the City for the period of the emergency, such businesses
to include, but not be limited to, those selling intoxicating
liquors, cereal malt beverages, gasoline or firearms.
c. Alcoholic Beverages
Order that no persons shall consume any alcoholic beverages
in a'~public street or place which is publicly owned or in any motor
vehicle driven or parked thereon which is within a duly designated
restricted area.
d. Weapons
Order that no person shall carry or possess any gun, bomb,
fire bomb, knife, rock, bottle, club, brick or weapon, who uses or
intends to use the same unlawfully against the persons or property
of another.
e. Traffic Control
Designate any public street, thoroughfare or vehicle
parking areas closed to motor vehicles and pedestrian traffic.
f. General Authority
Issue such other orders as are imminently necessary for
the 'prpt_ection of l~fe and 'proper~ty_.
1.90.040 Powers of Mayor. Once a proclamation of emergency is
issued and through the state of local emergency the Mayor is
empowered to:
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a. Request the governor for all necessary assistance;
b. Obtain vital supplies~ equipment and such other
properties found lacking and needed for the protection of the life
and 'property of the 'people, and bind the City for the fair value
thereof, and if required immediately, to commandeer the same for
public use;
c. To require emergency services of any City officer or
employee and to command the aid of as many citizens of this community
as he thinks necessary in the execution of his duties; such persons
shall be entitled to all privileges, benefits and immunities as are
provided by state law for registered civil defense and disaster
worker volunteers.
1.90.050 Termination of Local Emer§ency. Any state of local
emergency proclaimed in accordance with the provisions of this
chapter shall terminate after the next Council meeting from the
issuance thereof or upom the issuance of a proclamation by the City
Council determining a local emergency no longer exists, whichever
occurs first; provided, however, that such emergency may be extended
for such additional periods of time as determined necessary by the
City Council.
1.90.060 Penalty. Any person violating the provisions of this
chapter or executive order issued pursuant thereto shall be
guilty of an offense against the City of Bakersfield, and shall be
punishable by a fine not exceeding $1,000.00 or by imprisonment not
exceeding 180 days, or by both such fine and imprisonment.
1.90.070 Savings Clause. If any word, clause, sentence,
paragraph, section or other part of Chis ~bapter shall be adjudged
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by any court of competent jurisdiction to be invalid, such judgment
shall not be construed to invalidate or impair the remainder of this
chapter, which shall continue in full force and effect notwith-
standing such holding, but shall be confined in its operation to
the word, clause, sentence, paragraph, section or other part thereof
directly involved in the controversy in which such judgment shall
have been rendered.
SECTION 2.
This ordinance is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, property, health and safety. It shall take effect and be
in force from and after its publication in accordance with the
City Charter on adoption of ordinances.
o0o
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I HEREBY CERTIFY that the foregoing Ordinance was
passed and ado'pted by the Council of the City of Bakersfield at a
regular meeting thereof held on the 2nd day of March, 1970, by
the following vote:
AYE'S: COUNCILMEN BI.EE~I(E,. HEISEY. I~'. ~0 STIE,N. VEl'rE,. WHITI'EMO,E
NOES;
ABSENT COUNCILMEN:
ABSI'AINING COUNCILMEN; .~.~ _
CITY--CLERK and Ex-(~ffici6 Clerk of the
Council of the City of Bakersfield
APPROVED this 2n_~d'. d~/of March, 1970
~~rsfield
APPROVED:
CITY ATTO~Y
Affi avi! of Iosting rbillar es
STATE OF CALIFORNIA, ~
County of Kern ~ ss.
MA~RIAN 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 ............. .M...a...r...c_h.....3.. ...................................................... 19..7..0.... she posted on the Bulletin Baard
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on .................M...a...r..~..h.....2.. ............................... , 19..7...0..., which ordinance
was numbered .............. ..1..8...4...9. ............... New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD ADDING CHAPTER 1.90 TO THE
MUNICIPAL CODE RELATING TO RIOTS, MOB ACTION
OR OTHER CIVIL DISOBEDIENCE; PROVIDING FOR
EMERGENCY REGULATIONS TO PRESERVE THE PEACE
AND ORDER OF THE CITY; AND PROVIDING
PENALTIES FOR VIOLATION THEREOF.
Subscribed and sworn to before me this
...~X'.~....day of ...... ~.a..r.~.h ............................ ,19....7...0..
Notary Public in and for Ihe County o! Kern, State of California
I '~,,.~ff PRINCIPAL O.,CE ,~
I ~ ~ERN couNtY
[ My Commission Expires August 20, 1972'