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HomeMy WebLinkAboutORD NO 2805ORDINANCE NO. 2805 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTIONS 8.44.030, 8.44.040 AND 8.44.050 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO FIREWORKS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: Section 8.44.030 hereby amended by amending as follows: 8.44.030 A. SECTION 1. of the Bakersfield Municipal Code is subsections A and B thereof to read Permit - Persons Eligible. A nonprofit organization or corporation organized and existing primarily for veteran, patriotic, religious, welfare, charitable or civic-betterment purposes having its principal and permanent meeting place in the city, organized and established in the city for a period of at least one year prior to the filing of application for permit under this chapter and having a bona fide membership of at least thirty-five members; provided: 1. No permit shall be issued to any such organiza- tion or corporation unless it was issued a permit the previous year unless the total number of permits issued to such organizations and corporations is less than fifty (50), in which event permits may be issued to organizations and corporations unlicensed the previous year in the order in which their applications are made from May 16th through May 31st. Priority as between applications made the same day shall be determined by a drawing conducted by the Assistant City Manager-Finance. Not more than fifty (50) permits shall be issued except as it may be necessary to issue a greater number so that each such organization or corporation to whom a permit was issued the previous year, and who made application for a permit during the period commencing March 15th and extending through May 15th and otherwise qualified hereunder, is issued a permit. 2. Should any such organization or corporation issued a permit the previous year fail to apply for a permit before May 16th, such organization or corporation shall be treated as if it had not been issued a permit the previous year and its application for a permit, if made prior to June 1st, shall be subject to the process and limitation set forth in Paragraph 1 of this subsection. B. Retail business establishments which have, for a period of at least one year prior to the filing of application for permit under this chapter, held a valid business tax certificate issued by the city under Chapter 5.02 of this code; provided, no such permit shall be issued to any such retail business establishment unless such previous year. establishment was issued a permit the SECTION 2. Section 8.44.040 of the Bakersfield Municipal Code is hereby amended by amending subsection A. thereof to read as follows: 8.44.040 Permit - Application Requirements. A. Any application for a permit shall be filed by an officer of an eligible nonprofit organization or corporation or the operator or authorized employee of an eligible retail business establishment, with the assistant city manager-finance, hereinafter called the collector, in person and in writing, during the period commencing March 15th and extending through May 15th of each year; provided that applications made by eligible nonprofit organizations or corporations after May 15th and before June 1st shall be handled as specified A.1. of Section 8.44.030. Section 8.44.050 hereby amended by amending subsection B.13 follows: in subsections SECTION 3. of the Bakersfield Municipal Code is thereof to read as -2- of 8.44.050 Regulations for Temporary Stands. B.13. Fireworks shall be sold only between the hours 8~00 a.m. , July 1st, to twelve noon on July 5th. .......... 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 2nd day of February , 1983, by the following vote: . CITY CLERK ancf Ex Council of the officio Clerk of the City of Bakersfield A~ 2nd day of February f y of Bakersfield , ]983 APPROVED as to form: CITY ATTOR~Y of the'~ity of Bakersfield AJs/kda/bl 1/12/83 1/17/83 1/20/83 -3- Aff av of ost ng ( r uan es STATE OF CALIFORNIA, f 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 or~ .....................F....e....b....r....u....a...~LY.....~.,. ....................................................................19...~.~.. 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 ..........~.~...b....r....u....a...r....y......~.~. .................................................19..~.-3....., which ordinance was numberec~ .............~.~? ........................New Series, and entitled: An Ordinance of the Council of the City of Bakersfield amending Section 8.44.030, 8.44.040 and 8.44.050 of the Pakersfield Municipal Code relating to Fireworks. City Clerk Subscribed and sworn to before me this ..... ~...... day of .....~.~Y_ ......................, 19..~..