HomeMy WebLinkAboutORD NO 1982 ORDINANCE NO. 1982 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING SECTIONS 7.06. 020;
7.06.030(d), (e) and (f); 7.06.040(a),
(b), (c), and (d); 7.06.060(a) AND 7.06.090
OF CHAPTER 7.06 OF THE MUNICIPAL CODE RELAT-
ING TO BENCHES ON PUBLIC WAYS.
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
That Section 7.06.020 of Chapter 7.06 of the Municipal
Code of the City of Bakersfield is hereby amended to read as follows:
7.06.020 Permit Required. No person shall install or maintain
any bench on any street in the City of Bakersfield without a permit
therefor issued by the City Manager in accordance with the provisions
of this Chapter. Such permit, when issued, shall allow the permittee
to install and maintain the number of benches specified in such
permit.
SECTION 2.
That Section 7.06.030(d), (e) and (f) of Chapter 7.06
of said Municipal Code is hereby amended to read as follows:
(d) Each application must be signed by the owner of the
bench or benches for which a permit is requested, and an original
application for permit must be accompanied by an inspection fee
equal to one dollar for each bench.
(e) If the application be granted, an additional fee of four
dollars shall be collected for each bench for which a permit is
issued, to be collected at the time of the issuance of the permit.
(f) Each permit shall expire on July 1 next following the
date of issuance unless renewed. A fee of four dollars shall be
collected for each bench for which a renewal of the permit is issued,
to be collected at the time of the renewal of the permit. Application
for renewal must be made prior to the expiration date.
SECTION 3.
That Section 7.06.040 of Chapter 7.06 of said Municipal
Code is hereby amended to read as follows:
7.06.040 Same - Denial - Revocation - Withdrawal of Property
Owner's Consent - Cancellation. (a) If the City Manager finds
that the maintenance of any bench would tend to obstruct passage
along any public way or to create a hazard or would otherwise be
detrimental to the public safety, welfare or convenience, he shall
not issue any permit which specifies such bench and if a permit has
been issued specifying such bench, the City Manager shall require
such bench to be removed from its location and unless another location
may be found, the permit shall be revoked as to such bench.
(b) Any permit may be revoked, or renewal thereof denied, for
any violation of the provisions of this chapter, for any fraud or
misrepresentation in the application, or for any reason which would
have been grounds for denial of the application.
(c) If the abutting owner withdraws his consent to the
continued maintenance of any bench, and gives written notice thereof
to the City Manager, then, at the expiration of the current term of
the permit, a~ny renewal of the permit shall not permit the maintenance
of such bench at the location originally permitted.
(d) The application shall be denied if the applicant fails
to deposit the annual fee and accept the permit within ten days
after notice of the approval of the application by the City Manager.
SECTION ~.
That Section 7.06.060(a) of Chapter 7.06 of said Municipal
Code is hereby amended to read as follows:
(a) No advertising matter or sign whatever shall be displayed
upon any bench except upon the front and rear surfaces of the back-
rest, and not more than 75% of each such surface shall be so used.
All such advertising shall be subject to the approval of the City
Manager.
SECTION 5.
That Section 7.06.090 of Chapter 7.06 of said Municipal
Code is hereby amended to read as follows:
7.06.090 Refunds. No fee paid pursuant to this Chapter shall
be refunded in the event the application is denied or the permit
revoked, except that when, for any cause beyond the control of the
permittee, a permit is revoked, within 60 days after the issuance
or last renewal thereof, the fees for such benches affected by the
revocation for the current year may be refunded to the permittee,
upon written demand filed within 30 days after the date of the
revocation.
SECTION 6.
This ordinance shall become effective thirty (30) days
from and after the date of its passage.
o0o
I HEREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the City Council of the City of Bakersfield at a
regular meeting thereof held on the 2Bth day of November, 1971,
by the following vote:
AYES: COUNCILMEN BLEECKER, HEJSEY, M.EDDERS, REES, RUCKER, THOMAS, WHI'I-rEMORE
ABSENT COUNCILM~-N: _ , ~'~.~X-..~.-~
ABSTAINING COUNCILMEN: .,~ ~
CITY CLERK and E'x-Ofi~icio Clerk of the
Council of the City of Bakersfield
APPROVED~~..this-i.?g h d y of November, 1971 MAYO~'o~i]t~~ ~ity of Bakersfield
APPROVED:
CITY ATT
Affi av ! of r nan es
STATE OF CALIFORNIA, [ ss. County of Kern ~
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 .............. ..N..o...v..e._.m...b..e..~r....3...0. ............................................ 19..7...1... she posted on the Bulletin Board
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 ..............._.N...o..v...e...m..b...e...r.....2...9. ..................... 19...7...1.., which ordinance
was numbered ........... .1...9...8..2.. ................... New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING SECTIONS 7.06.020,
7.06. 030(d), (e) AND (f), 7.06. 060(a) AND
7.06.090 OF CHAPTER 7.06 OF THE MUNICIPAL
CODE RELATING TO BENCHES ON PUBLIC WAYS.
CITY CLERK~' .
Subscribed and sworn to before me this
...day o.f~ ......... ..N..o...v...e..m...b...e..r.. ............... ,19....7..1...
Public in and for the County of Kern, State of California
": ~.'. ~~ ~c~ ,N I!,~