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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 : .......