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.
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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.
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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.
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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:
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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
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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
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