HomeMy WebLinkAboutORD NO 2725ORDINANCE NO. 2725 NEW SERIES
AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE
CITY OF BAKERSFIELD ENACTING COMPREHENSIVE
RULES REGULATING THE CONDUCT OF SPECIAL EVENTS
WITHIN THE CITY OF BAKERSFIELD AND PROVIDING
STANDARDS FOR THE ISSUANCE OR DENIAL OF PERMITS
FOR SPECIAL EVENTS.
WHEREAS, the conduct of marathons and other foot and
bicycle races, and similar events, within the City of Bakersfield
from time to time creates conditions which constitute a hazard to
pedestrian and vehicle traffic; and
WHEREAS, the conduct of such events within the City of
Bakersfield requires the provision of additional traffic officers
to direct and control traffic; and
WHEREAS, the regulation and control of such events is
therefore necessary for the regulation and control of traffic,
the prevention of crime and the protection of the health and
welfare of the citizens of the City of Bakersfield.
NOW, THEREFORE, BE IT ORDAINED by the Council of the
City of Bakersfield as follows:
SECTION 1.
That Chapter 10.69, SPECIAL EVENTS, is hereby added to
the Municipal Code of the City of Bakersfield as follows:
CHAPTER 10.69
SPECIAL EVENTS
Sections:
10.69.010
10.69.020
10.69.030
10.69.040
10.69.045
10.69.050
10.69.060
10.69.070
10.69.075
10.69.080
10.69.090
10.69.100
10.69.110
10.69.120
10.69.130
10.69.140
Definition.
Permit Required.
Application for Permit.
Application - Time for Consideration.
Fee and Costs to be Paid by Applicant.
Permit - Issuance of.
Contents of Application.
Contents of Permit.
Conditions to Grant of Permit.
Request for Hearing.
Police Chief May Consider Late Applications.
Officials to be Notified.
Interference with Special Events.
Revocation of Permit.
Violations - a Misdemeanor.
Severability.
10.69.010 Definition. "Special event" means any marathon,
foot race, bicycle race or similar athletic event upon any public
street, public sidewalk, public alley or other public place which
does not comply with normal and usual traffic regulation or
controls.
10.69.020 Permit Required.
or participate in any special
No person shall conduct, manage
event without a written permit from
the Police Chief of the City of Bakersfield.
10.69.030 Application for Permit. Any person desiring to
conduct or manage a special event shall, in not less than thirty
(30) days nor more than ninety (90) days before the date on which
it is proposed to conduct such special event, file a verified
application with the Police Chief for a permit.
If such special event is designed to be held by and on
behalf of or for any organization other than the applicant, the
applicant for such permit shall file a communication in writing
from such organization, authorizing the applicant to apply for
such permit on its behalf.
10.69.040 Application - Time for Consideration. The Police
Chief shall, within fourteen (14) days after the filing of an ap-
plication for a special event permit, advise the applicant of his
decision upon the application and of the sum to be deposited by
the applicant to offset City costs, which sum shall be determined
in accordance with Section 10.69.045.
10.69.045 Fee and Costs to be Paid by Applicant. A non-
refundable application fee of Twenty-Five Dollars ($25.00) shall
be submitted with the application. The applicant shall also
deposit with the City Finance Department such sum, as determined
by the Police Chief, as will offset City costs to be incurred in
relation to the special event, including, but not limited to,
policing costs and costs to be incurred by the Public Works
Department in installing and removing parking restriction signs
and traffic devices and in collecting litter and debris resulting
from the special event. Applicant shall be assessed all costs
incurred by City with respect to the conduct of the special
event.
10.69.050 Permit - Issuance of. (a) No permit shall be
issued authorizing the conduct of a special event which the
Police Chief finds is proposed to be held for the sole purpose of
advertising any products, goods, wares, merchandise or event and
is designed to be held for private purposes.
(b) The Police Chief shall issue the permit if, after
consulting with the City Manager and appropriate department
heads, he finds that:
1. The conduct of such special event
will not substantially interrupt
the safe and orderly movement of
other traffic contiguous of its
route;
2. The conduct of such special event
will not require the utilization of
so great a number of police officers
of the City to properly police the
line of movement and the areas con-
tiguous thereto as to prevent
normal police protection to the
City;
3. The conduct of such special event
will not substantially interfere
with the movement of fire fighting
equipment on route to a fire;
4. The conduct of such special event
is not reasonably likely to cause
injury to persons or property, or
cause disorderly conduct or tend to
create a disturbance;
5. The congestion of persons and
vehicles at the starting point and
finish line of the special event
will not unduly interfere with
proper fire and police protection
of, or ambulance service to, areas
contiguous to such starting point
or finish line;
6. Such special event will move from
its starting point to its finish
line expeditiously;
7.Each statement in the application
as to a material fact is true;
8. Such special event will not inter-
fere with or conflict with another
special event for which a permit
has been issued or for which no
permit is required;
9. The fee and costs required to be
paid by the applicant, determined
as provided in Section 10.69.045,
have been deposited with the City
Finance Department.
10.69.060 Contents of Application. Each application for a
permit shall contain the following data:
(a) Date of proposed special event;
(b) The organization(s) applying for and conducting
the special event, the event chairman and the
addresses and telephone numbers of each;
(c) The event, including names of each sponsoring or
sanctioning organization;
(d) The route;
(e) Proposed starting time;
(f) Estimated completion time;
(g) Estimated number of entrants;
10.69.070 Contents of Permit. Each permit issued pursuant to
this Chapter shall be expressly subject to the provisions of this
Chapter, and a copy of this Chapter shall be appended thereto.
In addition, in each permit, the Police Chief shall prescribe:
(a) Starting time;
(b) The maximum number of entrants to be permitted
the special event;
(c)
What portions of what streets are to be traversed
by the special event;
o
(d) The maximum length of the special event in miles
and fractions thereof;
(e) The maximum amount of time during which said
special event may be conducted;
(f)The route of said special event;
(g)The number, type and location of barricades;
(h) That the permittee advise all participants in the
special event, either orally or by written notice,
of the terms and conditions of the permit, prior
to commencement of the special event.
10.69.075 Conditions to Grant of Permit. The Police Chief
may impose reasonable requirements concerning the time and place
of the special event, accommodation of other traffic and such
other requirements as he finds to be reasonably necessary for the
protection of persons or property, including, but not limited to,
the following:
(a) One (1) designated official shall be in overall
charge of the special event;
(b) A minimum of five (5) officials shall be assigned
within each mile of the route of the special event
to ensure order;
(c) One (1) designated official shall be in overall
charge of the finish line. A minimum of six (6)
additional officials shall be assigned to assure
order at the finish line;
(d) The permittee shall provide first aid stations
and/or private ambulances to administer basic
first aid to participants in the event;
(e) Each of the designated officials shall be readily
distinguishable through some visible means of
identification;
(f) Each special event official shall be provided with
written instructions describing duties and re-
sponsibilities;
(g) Within such time prior to the starting time as
directed by the Police Chief, the permittee shall
obtain barricades and/or cones from the City and
place such devices in such locations as are specified
by the Police Chief. As soon as practicable after
conclusion of the special event, and in no event
later than two (2) hours after the conclusion of
the special event, the permittee shall pick up and
return barricades and/or cones needed for the
event and pay the Public Works Department for any
stolen or lost barricades and/or cones;
(h) If the special event traverses Bakersfield City
limits and enters the County of Kern, the permittee
shall be responsible for obtaining any permit
required by that jurisdiction;
(i) The Police Chief shall be furnished with a de-
scription of the means by which officials will
be identified and a copy of the written instructions
prior to the special event, including names,
locations of assignment and duties of all officials;
(j) The special event shall start by and conclude no
later than the hours specified in the permit.
(k) Permittee shall obtain and file with the Chief
of Police, no later than fifteen (15) days
before the commencement of the event, a certificate
of insurance naming the City of Bakersfield, its
officers, agents and employees, as additional
insureds on a liability policy with limits of
Three Hundred Thousand Dollars ($300,000.00) per
individual and Five Hundred Thousand Dollars
($500,000.00) per occurrence, and a property
damage policy with limits of Fifty Thousand
Dollars ($50,000.00). Such policy shall not
relieve Permittee from personal liability in
excess of policy limits.
6 o
10.69.080 Request for Hearing. If the Police Chief disapproves
the application for a special event permit, there shall be
mailed to the applicant within fifteen (15) days after the date
upon which a completed application was filed, a notice of the
action denying the permit stating the reasons for the denial.
Where a denial has been made by the Police Chief, an applicant
shall have the right to appeal the denial of the permit to the
City Council by filing a written notice thereof with the City
Clerk within five (5) days of the mailing of the notice of such
denial by the Police Chief, which appeal shall be heard at the
next regular meeting of the City Council provided notice of
such appeal is received by the City Clerk not less than seven
(7) calendar days prior to such meeting. If such notice is not
so received within such period, the appeal shall be heard and
considered at the following regular meeting of the City Council.
The decision of the City Council after hearing on such appeal
shall be final.
10.69.090 Police Chief May Consider Late Applications. For
good cause, the Police Chief shall have power, in his discretion,
to consider any application to conduct a special event which is
filed less than thirty (30) days before the special event is to
be conducted.
10.69.100
granting of a
Officials to be Notified. Immediately upon the
special event permit, the Police Chief shall send a
copy thereof to the following:
(a) The City Manager;
(b) The Fire Chief;
(c) The General Manager of the Golden Empire Transit
District;
(d) The Director of Public Works.
10.69.110 Interference with Special Events. No person shall,
without the consent of permittee, join or participate in a special
event nor in any manner interfere with its orderly conduct.
10.69.120 Revocation of Permit. Any permit for a special
event issued hereunder may be summarily revoked by the Police
Chief, or his designee, at any time when by reason of an emergency
he determines that the safety of persons or property requires
such revocation, or upon failure of the applicant or any participant
in the special event to comply with conditions and requirements
imposed upon the grant of the permit, if such failure endangers
the safety of either persons or property.
10.69.130 Violations - a Misdemeanor. Any person who willfully
violates or who willfully fails or refuses to comply with any of
the provisions of this Chapter, or who shall willfully counsel,
aid or abet any such violation or failure to comply, shall be
guilty of a misdemeanor, and upon conviction shall be punishable
by a fine not exceeding Five Hundred
imprisonment in the County Jail for
such fine and imprisonment.
10.69.140 Severability. If any
clause or phrase of this Chapter is
Dollars ($500.00) or by
six (6) months or by both
section, subsection, sentence,
for any reason held to be
unconstitutional or invalid, such decision shall not affect the
validity of the remaining sections of this Chapter. The City
Council hereby declares that it would have passed this Chapter
and section, subsection, sentence, clause and phrase thereof
irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared unconstitutional or
invalid.
SECTION 2.
This ordinance is an Emergency Ordinance within the
meaning of Section 24 of the City Charter and is to take effect
upon passage by the City Council.
......... o0o .........
I
and adopted by the Council of the City of
meeting thereof held on the 31st day of
the following vote:
HEREBY CERTIFY that the foregoing Ordinance was passed
Bakersfield at a regular
March , 1982, by
CIT EX Officio Clerk of the
Council of the City of Bakersfield
AP~R~ED this 31st day of March
/~o '~t~e City of Bakersfield
, 1982
APPROVED as to form:
CITY 'ATTORNEY ~f t'Se City (~ Bakersfield
Aff av of j os ng ( r nan es
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 oa .....................A_.~..r._~...1.__~_~. ................................................................................19-..8...2..- 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 .............................M_.a....r..c...t~ ._.~..1...;. ......................................., 19..~.~.._, which ordinance
was numbered. ...........~.7...~.~ ......................New Series, and entitled:
An Emergency Ordinance of the Council of the
City of Bakersfield enacting comprehensive
rules regulating the conduct of Special Events
within the City of Bakersfield and providing
standards for the issuance or denial of Permits
for Special Events.
C~ty Clerk
Subscribed and sworn to before me this
~.~.h.... day of ......._A.i~..~ ~_. ;~ ....................,19....._.~.2
: .......