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HomeMy WebLinkAboutORD NO 2415 ORDINANCE NO. 2415 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 7.90 TO THE MUNICIPAL CODE, CONCERNING THE REGULATION OF OUTDOOR FESTIVALS. BE IT ORDAINED by the Council of the City as follows: SECTION 1. That Chapter 7.90 is hereby Municipal Code of Sections: 7.90.010 7.90.020 7.90.030 7.90.040 7 90.050 7 90.060 7 90.070 7 90.080 7 90.090 7 90.100 7 90.110 7 90.120 of Bakersfield added to Title 7 of the City of Bakersfield as follows: Chapter 7.90 OUTDOOR FESTIVALS the Definition: Outdoor Festival Permit Required and Fee Application--Contents Application--Accompanying Documents Amount and Form of Undertaking and Insurance Fixing Time For Hearing; Investigation and Report Granting Permit--Number of Participants Appeal Upon Denial Revocation or Suspension of Permit Regulations Penalty for Violations Severability 7.90.010 Definition: Outdoor Festival. "Outdoor Festival" when used in this Chapter means any music festival, dance festival, "rock" festival or similar musical activity, at which music is pro- vided by paid or professional, or amateur performers or by pre- recorded means, or any demonstration-type assembly either with or without music in any form, to which members of the public are invited or admitted for a charge or free of cost and which is attended by more than 500 persons; provided, however, that the term "outdoor festival" shall not include any activity located entirely upon any publicly owned or operated grounds with the permission of the appropriate authorities. 7.90.020 Permit Required and Fee. It shall be unlawful for any individual, partnership, joint venture, unincorporated association or corporation to hold, operate, maintain, conduct, advertise, sell or furnish tickets or other types of written authority for admission to, an outdoor festival in the City of Bakersfield, unless he, they or it shall first obtain a permit from the City Manager to operate or conduct such festival; or to hold, operate, maintain, conduct, advertise, sell or furnish tickets or other types of written author- ity for admission to, such an outdoor festival, without complying in full with all of the conditions and regulations set forth in this Chapter. Application for a permit to conduct an outdoor festival shall be made in writing to the Finance Office of the City of Bakersfield, accompanied by a non-refundable application fee of $100 plus $250 for each day during which the proposed outdoor festival is to be operated or conducted; provided, however, that the $250 fee shall not apply when the outdoor festival is held at an outdoor stadium or arena with fixed seating, and the owner thereof has a current business license for such use, and when the allowed number of customers, spectators and participants does not exceed the number of fixed seats, and when those attending are required to remain within the stadium or arena during the said festival. No such permit shall be issued by the City Manager however, until all of the conditions required by this Chapter as a prerequi- site to the issuance of such a permit have been fully complied with. 7.90.030 Application--Contents. An application for a permit for an outdoor festival and the accompanying documents shall show: (a) The owner, exact location, and legal description, of the premises on which it is planned to conduct the outdoor festival. (b) The owner, exact location, and legal description of all lands to be used for parking or other uses incidental to the outdoor festival. (c) The date or dates and the hours during which the outdoor festival is to be conducted. (d) An estimate of the minimum and maximum number of customers, spectators, participants and other persons expected to attend the outdoor festival for each day it is conducted, together with detailed information supporting such estimate. (e) A detailed explanation of the applicant's program, plans and ability to supply security protection, water supply and facilities, food supply and facilities, sanitation facilities (including but not limited to sewage and refuse), medical and first aid f.acilities and services, vehicle parking spaces, vehicle access, on-site traffic control, evacuation plans for sick or injured persons, and to comply with all conditions and regulations set forth in this Chapter. (f) All loudspeakers and sound equipment to be used and the intensity of the sound, in decibels, at the boundaries of the premises. (g) The names, addresses and ages of all persons who will act as security guards during the outdoor festival. (h) If it is proposed or expected that customers, spectators or participants will remain overnight, the arrangements for illumina- ting the premises and for camping or similar facilities. (i) Provisions for clean-up of the premises and removal of refuse after the event has concluded. (j) Such other information pertinent to the outdoor festival as the City Manager finds necessary and requires in order to deter- mine whether or not the permit should be granted and, if granted, the conditions of such permit. (k) The name, age, residence, mailing address and telephone number of the applicant, and applicant's legal nature. If the application is made by a partnership, the names and addresses of all partners both general and limited shall be included. If the appli- cant is a corporation, the application shall be signed by the President and Secretary thereof and shall contain the names and addresses of all corporate officers and a certified copy of the articles of incorporation shall be attached to the application. If the appli- cation is by a joint venture, the names and addresses of each member of the joint venture shall be included. If the application is made by an unincorporated association the names and addresses of all officers shall be included. (1) The application shall also include a financial statement sufficient to give assurance of the ability of the applicant to meet the conditions of the permit, and where appropriate, to be able to adequately respond in damages. (m) A detailed explanation of the applicant's plan for polic- ing the activity with particular emphasis on the control and preven- tion of alcoholic and drug consumption. (n) A detailed explanation of the applicant's plans in the event more persons attempt to attend the outdoor festival than is permitted by the particular permit involved. (o) A consent to the entry at any time in the course of his duties of any peace officer, and any employee of the Planning Director, Building Director, Public Works Director, Health Officer of the County of Kern, Fire Department and any other City of Bakersfield officer in the performance of his duties, including but not limited to inspection. (p) The address to which all notices and correspondence addressed to applicant shall be directed by the City. Any notice or correspondence addressed and mailed postage prepaid to such address shall be deemed received by applicant. 7.90.040 Application--Accompanying Documents. At the time of filing an application for a permit for an outdoor festival with the required fee and the items required by Section 7.90.030 above, the applicant, at the same time, also shall file: (a) A map showing the location of the property on which the outdoor festival is planned to occur, location of all streets, alleys, parking area, interior access ways, access to the property, buildings and structures on the premises, including bandstand, stage or other facilities for performers, loudspeakers, toilet, medical, washing, drinking and other facilities required by this Chapter. (b) A list as shown on the latest available assessment roll of the County of the names and addresses of all persons to whom property is assessed within 300 feet of the exterior boundaries of the proposed use. (c) An agreement in writing signed by all owners permitting such use of the premises, to be used for both the outdoor festival and for parking, or a document showing that the applicant is the owner thereof. (d) The agreements which show what doctors, first aid attend- ants and ambulances will be available at the outdoor festival. (e) An agreement signed by the applicant that, within 72 hours after the conclusion of the outdoor festival, he or they will clean up the premises and remove all refuse from, in and around the pre- mises. Such agreement shall be secured by an undertaking in the form of a surety bond or cash, in a total amount of not less than $5,000 provided that the City Manager may require a greater amount if he determines it to be in the public interest. Said undertaking shall be filed with the Finance Office within seven (7) days after the City Manager grants the permit for the outdoor festival. The permit shall not be issued until said undertaking is filed with the City in a form approved by the City Attorney. (f) An agreement signed by the applicant and owner of the subject premises that they will reimburse all owners and occupants of property adjoining the subject premises for all damages of any kind to such owners or occupants or to their property caused by the applicant, owners of the subject premises, or by any person attend- ing the outdoor festival, which damage would not have occurred had the outdoor festival not been held; and said agreement shall also state that said applicant and owners agree to indemnify the City of Bakersfield and its officers, agents and employees, against any and all loss, injury, damage, claim, liability and cause of action, of any nature whatever arising out of, or in connection with, said outdoor festival. Said agreement shall be accompanied by an under- taking in the form of a surety bond and insurance policy naming the City of Bakersfield as a co-insured and shall insure the permittee and owners of the subject property against all liability incurred by them or either of them to the City or to any person which lia- bility arises pursuant to the agreement. (g) The application, accompanied by the required fee and the required accompanying documents shall be filed with the Finance Office not less than 30 days prior to the beginning of such outdoor festival. 7.90.050 Amount and Form of Undertaking and Insurance. The undertaking and policy of insurance shall each be in such an amount that the total shall not be less than $50,000, provided that the City Manager may require security (whether in the form of surety bond, cash, insurance, or agreement and assignment of sav- ings and loan certificates or shares, or other form approved by the City Attorney) in a greater amount if said City Manager determines that to be in the public interest; and shall be filed with the Finance Office within seven (7) days after the City Manager grants the permit. If the application is filed prior to the effective date of this Chapter it shall be valid and treated as if it were filed after the effective date of this Chapter if in all respects it complies with the provisions of this Chapter. 7.90.060 Fixing Time For Hearing, Investigation and Report. Upon receipt of a complete application, required accompanying docu- ments and the application fee, the Finance Office shall transmit the same to the City Manager; and the City Manager shall set the application for a hearing at the Conference Room of the City Manager, not more than 30 days thereafter. The City Manager shall thereupon give not less than 10 days written notice thereof to the applicant by mail postage prepaid to the address set forth in the application. Written notice shall also be given to the Chief of Police, Fire Chief, Public Works Director, Building Director, County Health Officer and Planning Director, who shall investigate the matter and report in writing to the City Manager not later than the time set for the hearing. At said hearing the applicant shall have the right to testify and present other evidence. The City Manager shall also serve written notice of the time and place of such hearing not less than ten (10) days before such hearing by mail to all persons whose names and addresses appear upon the latest available assessment roll of the County as owning property within 300 feet of the exterior boundaries of the proposed use. 7.90.070 Granting Permit. Based upon the testimony of the wit- nesses and evidence presented at said hearing, including the report of said officials, the City Manager may deny the permit; or the City Manager may, if he makes the hereinafter set forth findings, grant the permit, or set conditions which must be met, including but not limited to a requirement that security be given, before the permit may be granted. Said findings are as follows: (a) That the outdoor festival will be held at a location which complies with and meets all of the health, zoning, fire and safety requirements and standards of the laws of the State and ordinances of this city applicable thereto. (b) That all information required by this Chapter is in the application and all documents and other material required by this Chapter have been filed with the Finance Office. (c) That the proposed outdoor festival will not, in any way, jeopardize, adversely affect, endanger or otherwise constitute a menace to the public health, safety or general welfare~ or be materially detrimental to the property of other persons located in the vicinity of such use. The City Manager may find that a location is unsuitable even if in the proper zone. (d) The applicant, his employees, agents or other person connected or associated with the applicant as partner, director, officer, stockholder, associate or manager: (1) Has not previously been convicted of a felony or any crime of moral turpitude and has not allowed or permitted any illegal possession, use, sale, or delivery of marijuana or any narcotic or dangerous drug in prior business operations.. (e) The applicant, his employees, agents or any person con- nected or associated with the applicant as partner, director, officer, stockholder, associate or manager, has not knowingly made any false, misleading or fraudulent statement of material fact in the application for a permit or in any report, record or document required to be filed with the Finance Office pursuant to this Chapter. (f) The applicant has not had a similar type of permit revoked for good cause within one year prior to the application, or if he has, he also has shown material changes in the circumstances since such revocation. (g) Number of Participants. A permit for an outdoor festival shall state the maximum number of spectators permitted. In deciding this maximum, the City Manager may be guided by, but it is not bound by the estimate stated in the application for a permit. 7.90.080 Appeal Upon Denial. The action of the City Manager in denying such a permit pursuant to the provisions of this Chapter shall be subject to an appeal to the City Council. Notice of such appeal shall be filed with the City Clerk within ten days after the denial of the permit. Upon failure to file such notice of appeal within the ten-day period the action of the City Manager in denying such permit shall be final and conclusive. If the City Council grants the permit upon appeal it may set such conditions as it finds necessary for reasons of health, sanitation, supply of food, supply of water, prevention of unreasonable noise, or promotion of the general welfare. Such conditions shall appear on the permit. 7.90.090 Revocation or Suspension of the Permit. A. The City Manager shall have the right to revolke or suspend for cause any permit issued hereunder. Any of the grounds under which the City Manager may refuse to issue a permit shall also con- stitute grounds for such revocation or suspension. In addition, the failure of the permittee to comply with any of the provisions of this Chapter shall also constitute grounds for revocation or sus- pension of such permit. The action of the City Manager in this respect shall be subject to an appeal to the City Council. Notice of such appeal shall be filed in writing with the City Clerk within five days after the revocation or suspension. Upon failure to file such notice within the five-day period, the action of the City Manager shall be final and conclusive. B. Closing by Chief of Police. The Chief of Police may sus- pend operation and close any outdoor festival prior to the expiration of the permit granted under the provisions of this Chapter, in the event of the occurrence of a riot or when in his opinion it becomes necessary to prevent injury to person or persons and/or damage to property, or for a substantial violation of any provision of Section 7.90.100. 7.90.100 Regulations. (a) Drinking Water. The permittee shall provide a sufficient potable domestic water supply from a source approved by the Public Works Director and the County Health Officer. (b) Sanitary Facilities. (1) Seats Per Person. Except where the outdoor festival is held at al outdoor stadium or arean with fixed seating and per- manently installed restrooms, the permittee shall provide toilet facilities on the basis of one toilet for each sex for every forty persons attending the event. Sufficient artificial light to ade- quately illuminate the area around each toilet facility shall be installed and kept burning from sunset to sunrise. (2) Servicing. Toilet facilities shall be maintained in a sanitary condition at all times and shall be cleaned at least once each day. Toilet paper shall be provided for each toilet. The permittee shall be held responsible for the manner in which the toilet cleanings are disposed. (3) Handwashing Facilities. Handwashing facilities shall be provided at the ratio of one lavatory for each toilet seat. These shall be provided with soap, paper towels and a trash receptacle at each location. (4) and the County Approval. The approval by the Public Works Director Health Officer of permittee's sanitary facilities plans shall be a prerequisite for the issuance of a permit for an outdoor festival. (c) Parking. Every premises on which an outdoor festival is conducted shall have on such premises or contiguous thereto, car storage spaces equal to one fourth of the number of persons which the permit permits to attend the outdoor festival unless the Planning Director finds that a smaller number is sufficient, in which case o the permittee shall provide such lesser number. Attendants shall be provided by the permittee at all entrances, exists and within the parking lots. The approval by the Planning Director of the per- mittee's parking plans shall be a prerequisite to the issuance of a permit for an outdoor festival. (d) Security Guards. One employee approved by the Chief of Police for each two hundred (200) persons which the permit permits to attend, shall be constantly in attendance during the entire time the outdoor festival is in progress, and shall devote his or their entire time and attention to keeping order, and obserw[ng and enforc- ing all applicable statutes and ordinances of the City, including this Chapter. The approval by the Chief of Police of the permittee's security guard plans and of the individual security guards are prerequisites to the issuance of a permit for an outdoor festival. (e) Solid Waste Disposal. The permittee shall demonstrate to the satisfaction of the Public Works Director that the permittee has an adequate plan for the proper storage, collection and disposal of refuse. The area where the outdoor festival and parking occurred shall be returned to a litter-free condition within 72 hours after the outdoor festival is concluded, all to the satisfaction of the Public Works Director. Every permittee shall be required to furnish at least one receptacle with 32-gallon capacity for every 25 persons expected to be in attendance. Proof that the requisite quantity of refuse receptacles will be available must be made to the Public Works Director; provided, however, he may approve a lesser number if he determines that it will not be detrimental to public health and welfare. The approval, as aforesaid, of the permittee's solid waste disposal plans is a prerequisite to outdoor festival. (f) Control of Domestic Pets. the issuance of a permit for an All animals accompanying owners shall be kept on a leash or otherwise confined while in attendance. (g) Fire Protection. A fire protection plan approved by the Fire Chief shall be a prerequisite to the issuance of a permit for an outdoor festival. 10. (h) Communications System. The permittee shall at all times during which the outdoor festival is in progress, maintain an emer- gency communications system which the Chief of Police finds adequate for police protection. The approval of the Chief of Police of permittee's communications system plans is a prerequisite to the issuance of a permit for an outdoor festival. (i) Number of Spectators or Participants. The permittee shall not admit, and shall prevent the entrance of, to the premises, any person who does not possess a ticket, except a peace officer or other public officer or employee or agent thereof, in the perfor- mance of his duties. Admission shall be by ticket only. The per- mittee shall not sell, give, furnish or distribute a greater number of tickets than the number which the permit permits to attend. The permittee shall not admit any person if such admission would result in a g~ater number of persons present than permitted by the permit. (j) Alcohol or Drugs. A person shall not enter, be, or remain on any part of the premises on which an outdoor festival is conducted while in the possession of consuming, using, or under the influence of, any alcoholic beverage or any dangerous or narcotic' drug or marijuana. The permittee shall not permit any such person to enter or remain upon the premises. (k) Dust Control. The permittee shall use such methods of dust control as approved by the Public Works Director, who shall approve such methods if he finds they will prevent the arising of dust to an extent which may endanger the public health or safety. Such approval is a prerequisite to the issuance of a permit for an outdoor festival. (1) Food and Beverages. The permittee shall comply with the California Restaurant Act in selling, preparing, delivering or serving food or beverage. The approval of the Health Officer of permittee's food and beverage plans is a prerequisite to the issu- ance of a permit for an outdoor festival. 11. (m) The permittee shall be responsible for making adequate plans for medical coverage of performers, employees, participants, customers and spectators. The permittee's plans for such medical preparedness shall be subject to the approval of the CJ_ty Physician, and such approval is a prerequisite to the issuance of a permit for an outdoor festival. (n) Lighting. Every permittee planning to conduct an outdoor festival after dark shall provide electrical illumination to insure that those areas which are occupied are lighted. The Building Director must approve an applicant's lighting plan as a prerequisite to issuance of a permit for an outdoor festival. (o) Zoning. The outdoor festival shall comply with all applicable zoning regulations of the City of Bakersfield. (p) Construction. Prior to doing any construction, excava- tion, grading or encroachment, the permittee or applicant shall obtain all necessary permits therefor. 7.90.110 Penalty For Violations. Any person violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. 7.90.120 Severability. If any section, subsection, sentence, clause or phrase of this chapter is for any reason hel~ to be uncon- stitutional or invalid, such decision shall not affect the remaining portions of this chapter. The City Council hereby declares that it would have passed this chapter and each section and subsection thereof irrespective of the sections, sentences, or invalid. after fact that any one or more of the sections, sub- clauses or phrases be declared unconstitutional SECTION 2. This ordinance shall become effective thirty days from and the date of its passage. .......... 000 .......... 12. 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 28th day of June , 1978, by the following vote: AYES: COUNCtLMEN BARTON, CHRISTENSEN, MEODER$. RATTY, RO~ER$, ~(:RAL~.~, STRONG the / APPROVED th~i~a~ of June ~~OR 'of the City of Bakersfield , 1978 APPROVED as to form: CITY ATTORNEY of the ~ity of Bakersfield STATE OF CALIFORNIA, ~ County of Kern ~ ss. H. E. BERGEN, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk o£ the City of Bakersfield; and that oa June 29 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 ..........................~.~.i:!.~__.~..~ ................................., 19]~..8-....., which ordinance was numbered ........ ~.~.P ...............New Series, and entitled: Ordinance of the Council of the City of Bakersfield adding Chapter 7.90 to the Municipal Code, concerning the regulation of Outdoor Fesitvals. Subscribed and sworn to before me this ~.P~... day of .......q.1].~e .....................19~