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HomeMy WebLinkAboutORD NO 2846EMERGENCY ORDINANCE NO. __ ~846 NEW SERIES AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTION 5.38.010 OF THE BAKERSFIELD MUNICIPAL CODE RELATIVE TO THE DEFINITION OF THE TERM "OUTDOOR FESTIVAL". WHEREAS, a concert is scheduled for a period of four (4) hours or less on June 10, 1983, at the Mesa Marin Raceway, which concert falls within the definition of an "outdoor festival" set forth in Section 5.38.010 of the Bakersfield Municipal code; and WHEREAS, at this late date the promoter of the concert cannot satisfy the permit requirements of Chapter 5.38 of the Bakersfield Municipal Code due to time constraints built into such Chapter; and WHEREAS, forcing cancellation of the concert, for which tickets have been sold, would not produce any public benefit and would cause public confusion and the loss of revenue to the promoter and to the City of Bakersfield; and WHEREAS, this Council deems inappropriate the application of Chapter 5.38 of the Bakersfield Municipal Code to concerts the duration of which is four hours or less and which is held at an outdoor stadium or arena with fixed seating; and WHEREAS, in order to protect the public welfare and property it is necessary to adopt an emergency ordinance re- defining the scope of application of Chapter 5.38. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 5.38.010 of the Bakersfield Municipal Code is hereby amended to read as follows: 5.38.010 Defined. "Outdoor festival," when used in this chapter, means any outdoor music festival, dance festival, "rock" festival or similar musical activity, at which music is provided by paid or professional or amateur performers, or by prerecorded means, or any demonstration-type assembly either with or without music in any form, to which members of the public are invited or admitted for a charge or free of cost and which is attended by more than five hundred persons; provided, however, that the term outdoor festival does not include any musical activity located entirely upon any publicly owned or operated grounds with the permission of the appropriate authorities, or any musical or related activity the duration of which is four hours or less and which is held at an outdoor stadium or arena with fixed seating. SECTION 2. This emergency ordinance is necessary for the immediate preservation of the public health, peace, property and safety and shall become effective immediately upon its passage. ........... o0o .......... 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 the 8th day of June the following vote: CITY CLERK and F/x Officio Clerk of th~ Council of the City of Bakersfield APPROVED this Rth day of ,Tun~ , MAYOR~'f.~he City ~f Bakersfield 1 9~3 APPROVED as to Form: CITY ATT~E~Z of t Czty of Bakersfield AJS/RJO/bl 6/8/83 STATE OF CALIFORNIA, ~ County of Kern ~ ss. PHILIP KELMAR, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that o~ .....................~_.u..~.~.._.l...~)_ ...................................................................................19....~...3._ he 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 ...... J~n.c......//. .................................................................., 19_.8.._3....., which ordinance was numbered ............2//.4.6. ....................New Series, and entitled: AN EMERGENCY ORDINANCE OF TttE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTION 5.38.010 OF THE BAKERSFIELD MUNICIPAL CODE RELATIVE TO THE DEFINITION OF THE TERM "OUTDOOR FESTIVAL". ~ity Clerk Subscribed and sworn to before me this 13t.h.. day of .......J~u.n.e-~ .........................,19......8.3