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HomeMy WebLinkAboutORD NO 4406 ORDINANCE NO. '1"406 ORDINANCE AMENDING 12.56.080, 12.56.200, AND BAKERSFIELD MUNICIPAL PARKS. SECTIONS 12.56.020, 12.56.210 OF THE CODE RELATING TO BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 12.56.020 of the Bakersfield Municipal Code is hereby amended to read as follows: 12.56.020 Definitions. Unless the particular provisions or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of such words and phrases used in this chapter. A. "Amplified music" means music projected and transmitted by electronic equipment, including amplifiers. B. "Amplified speech" means human speech projected and transmitted by electronic equipment, including amplifiers. C. "Chief of police" or "chief' means the city of Bakersfield police chief or authorized representative. D. "City manager" means the city of Bakersfield city manager or authorized representative. E. "Community park" means a park which serves several neighborhoods and is planned to provide a greater range of recreational facilities than a neighborhood park. Central Park, Martin Luther King Park, Patriots Park, Beach Park, Yokuts Park, Silver Creek Park, and The Park at River Walk are community parks. F. "Director" means the city of Bakersfield recreation and parks director or designee. G. "Neighborhood park" means a park which is located in close proximity to residential areas and primarily serves the neighborhood for essentially recreational purposes. H. "Parks" includes all community and neighborhood parks, the grounds, parking lots, sumps, basins, pathways, roadways, avenues, and areas used for recreational and park purposes, and which are dedicated as such. For the purpose of Section 12.56.050, it also includes median islands, parkways, sump areas or greens, or other public grounds. -- Page 1 of 4 Pages -- ~ ~".I(c-9 o % .:>. -- I- rn _ r0- o 0 ORIGINAL S:ICOUNCILIOrdsIOS-Q70rdsI12.56.020ParksAmdFnl.doc SECTION 2. Section 12.56.080 of the Bakersfield Municipal Code is hereby amended to read as follows: 12.56.080 Exclusive use permit-Facility reservation. The director may reserve those areas and facilities of each park as designated by the city council by resolution, as provided for in Section 12.56.030. A. Persons shall apply for a facility reservation when: 1 . The number of persons for whom the reservation is not in excess of three hundred; and 2. The event or activity is not open to the general public; and 3. The event or activity does not require amplified speech, amplified music, sale or consumption of alcoholic beverages or other special permits or approvals. B. Applications shall be filed with the director on a form prescribed by the city not less than two working days nor more than one hundred twenty days prior to the proposed event or activity. SECTION 3. Section 12.56.200 of the Bakersfield Municipal Code is hereby amended to read as follows: 12.56.200 Alcoholic beverage sales permit. A. The sale of alcoholic beverages shall be permitted only in a community city park and only pursuant to the issuance of an alcoholic beverage sales permit. B. As a condition of issuance of an alcoholic beverage sales permit, the applicant must obtain and provide proof of insurance as provided under Section 12.56.130. C. Alcoholic beverage sales permits shall not be issued when another event has been scheduled in the same park during the same hours that the sale is proposed to be held. -- Page 2 of 4 Pages -- ~ ~Akc-9 o % ,).. - I- rn - r0- o 0 ORIGINAL S:ICOUNCILIOrdsI06-Q7 OrdsI12.56.020ParksAmdFnl.doc SECTION 4. Section 12.56.210 of the Bakersfield Municipal Code is hereby amended to read as follows: 12.56.210 Alcoholic beverage consumption permit. A. The consumption of alcoholic beverages in a city park shall be permitted only pursuant to the issuance of an alcoholic beverage consumption permit. Any person twenty-one years of age or over may apply for the permit. The permit may be obtained by filing an application with the director and paying the required fees therefor. Such application, fully completed and signed, must be filed no less than forty-eight hours prior to the use of the park. Application shall be made on weekdays between the hours of eight a.m. and five p.m. B. Alcoholic beverage consumption permits shall be valid for a one-day period only. SECTION 5. This Ordinance shall be posted in accordance with the provIsions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ----------00000---------- -- Page 3 of 4 Pages -- ~ ~AkC'-9 o % ,).. - I- m - r- o 0 ORIGINAL S:ICOUNCILIOrdsIOS-Q70rdsI12.56.020ParksAmdFnl.doc 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 JJUI 1 7 2n(],7 by the following vote: ~ NOES: ABSTAIN: ABSENT: ~ v- -- v-- v-- J.,---- ..--- COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER Lt. me CITY CLERK and EX OFFICIO f the Council of the City of Bakersfield APPROVED: JAN 1 7 2007 By: APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ~1lL~ ROBERT M. SHERF Deputy City Attorney RMS:dll -- Page 4 of 4 Pages -- ~ ~Akc-9 o ~ ,).. - I- m - ,.. o 0 ORIGINAL S:ICOUNCILIOrdsI06-Q7 OrdsI12.56.020ParksAmdFnl.doc AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) 55. County of Kern ) PAMELA A. McCARTHY, 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 the 18th day of Januarv ,2007 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4406 passed by the Bakersfield City Council at a meeting held on the 17th day of Januarv, 2007 and entitled: ORDINANCE AMENDING SECTIONS 12.56.020, 12.56.080, 12.56.200, AND 12.56.210 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO PARKS. PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield By: ~ +~.( DEPUTY City Clerk S:\DOCUMENTlFORMSIAOP .ORD.wpd ~ fQAkc-9 <:> ~ .:>- - I- rn _ r0- o 0 ORIGINAL