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HomeMy WebLinkAbout07/15/1999 BAKERSFIELD David Couch, Chair Patricia J. DeMond Jacquie Sullivan Staff: Trudy Slater AGENDA LEGISLATIVE AND LITIGATION COMMITTEE of the City Council - City of Bakersfield Thursday, July 15, 1999 1:30 p.m. City Manager's Conference Room Second Floor - City Hall, Suite 201 1501 Truxtun Avenue, Bakersfield, CA 1. ROLL CALL 2. ADOPT JUNE 17, 1999 AGENDA SUMMARY REPORT 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS A. REVIEW OF PROPOSED AMENDMENT TO AMPLIFIED SOUND ORDINANCE 6. NEW BUSINESS A. CONSIDERATION OF REFERRAL ON VOTING AND NOMINATION PROCEDURES FOR COMMISSIONS, BOARDS AND COMMITTEES '7. COMMITTEE STATEMENTS 8. ADJOURNMENT p:\L&L~AGN990715 FiLE COPY BAKERSFIELD Ala David Couch, Chair Staff: Trudy Slater ~ Patricia J. DeMond Jacquie Sullivan AGENDA SUMMARY REPORT ° LEGISLATIVE AND LITIGATION COMMITTEE Regular Meeting Thursday, June 17, 1999 1:30 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 1:35 p.m. Members present: Councilmember David Couch, Chair Councilmember Patricia DeMond Councilmember Jacquie Sullivan 2, ADOPT MAY 20, 1999 AGENDA SUMMARY REPORT Approved as submitted. 3, PRESENTATIONS None 4. PUBLIC STATEMENTS None DRAFT Agenda Summary Report Legislative and Litigation Committee · June 17, 1999 Page -2- 5. DEFERRED BUSINESS None 6. NEW BUSINESS A. CITY POLICIES ON BASEBALL IN THE PARKS Administrative Analyst Trudy Slater explained a City ordinance gives authority to the recreation and parks director to promulgate rules and regulations for the daily operation of the parks and recreation facilities (Bakersfield Municipal Code 12.56.030(D)). Assistant Recreation and Parks Director Allen Abe explained a situation which had occurred previously regarding starting a baseball program for youth started at Martin Luther King (MLK), Jr. Park. When originally viewed as an issue of playing baseball on a softball field, this presented a conflict. In talking to Mr. George Culver, it was clear the youth he had in mind for his baseball league presented little opportunity for balls to be hit over the fence at MLK. Staff allowed Mr. Culver to hold his baseball league on the softball field for a ten-week program, serving well over 125 youth. Mr. Culver has indicated a desire to continue with the program next year. A discussion ensued on the differences between baseballs and softballs, configurations of the different playing fields, backstops and areas behind them, locations, and the quality of players. The Committee reaffirmed the authority of recreation and parks director to make these decisions at appropriate times. No further action was needed. B. DISCUSSION ON POLICY ISSUES RELATING TO EDITING AND TRANSMITTING TELEVISION BROADCASTS OF CITY COUNCIL MEETINGS Administrative Analyst Trudy Slater briefly explained that the Kern County government channel (KGOV) broadcasts the Board of Supervisors meeting live and rebroadcasts them later. City Attorney Bart Thiltgen explained that first amendment concerns on live broadcasts were reduced on rebroadcasts which could allow editing to eliminate such things as recesses and public statements. Committee Chairperson Couch indicated his desire to have a policy clearly stating what would be aired and what would be edited. The Committee concurred. DRAFT Agenda Summary Report Legislative and Litigation Committee June 17, 1999 Page -3- Mr. Rick Davis, manager for the County's government channel, explained the County's written policy which had been provided the Committee. The County transmits live proceedings "gavel to gavel." The Federal Communications Commission (FCC) has very stringent guidelines to which the County. closely adheres; the FCC holds government channels to a very high standard. In emergency situations where a live transmission must be monitored, the County doesn't leave the air; staff mutes it and goes to a wide shot. No commercialism is allowed, although acknowledgments for donations can be stated. The County edits out public presentations (non-agendaed comments) in subsequent rebroadcasts. The County Counsel has indicated, in his opinion, it does not give the public entity the opportunity under the Brown Act to be prepared to respond. A copy is kept (masters are kept three months) but comments are not re-aired. They edit out all public presentations because it's one-sided. Live goes gavel to gavel. If it's a serious item, individuals will make arrangements with the clerk for their presentation to become an agendaed item which stays in. In this way, staff can be prepared to engage in an intellectual dialogue on the subject. Mr. Davis indicated KGOV was widely watched. The County charges $25 to make copies of broadcasts. They have a bulletin board service they run for community- based announcements. The County uses five remoted-controlled cameras which are staffed by two people. Special Iow-heat lighting is used in the chambers. The County went into the process cautiously and feels that it has been a very positive step in bridging the gap between the public and government. The County looks forward to working toward a partnership with the City on the KGOV channel. The channel is geared to be able to serve all local governments. There was general consensus among Committee members that KGOV should be used for more than Council meetings, including Planning Commission and community meetings, and encouraged a broad-based usage. City Manager Alan Tandy explained current budget issues relating to funding the project, indicating that staff were moving forward expeditiously. Currently funding has been found for two cameras (approximately $235,000). Cameras cost approximately $45,000 each. One timing issue involving purchasing proper equipment which can take. several months. Although City staff will be utilized fully, it has not been decided who would be staffing televised meetings. Initial expenses would include both purchase and installation. Councilmember DeMond indicated that short and long-term costs needed to be assessed relating to equipment and future technical requirements. Agenda Summary Report '"" "' '''~ """ Legislative and Litigation Committee June 17, 1999 Page -4- Other issues discussed included timing for sharing of channel time and usage, connecting equipment, switching controls, and future maintenance, repair of signal equipment that transmits the signal to the cable companies, and the County's agendized public requests classification. The Committee asked for the County's KGOV policy to be distributed to the entire Council. The Committee will further examine issues relating to this agenda item at future meetings. C. COUNCIL PUBLIC STATEMENT POLICIES The Committee discussed the Council's policy of recognizing the public through the presiding officer as well as the desire to conduct meetings efficiently while trying to soften the abruptness felt by some speakers when their speaking time limits were exhausted. City Attorney Bart Thiltgen explained that both Council procedures were in ordinance form and would require official Council action to change. City Attorney Alan Tandy explained to the Committee that practice has been that if a Councilmember wants to grant more time to an individual he/she requests the Mayor to recognize the individual. If the Mayor doesn't, the Council as a whole can override him. There are existing mechanisms for dealing with these situations. The Mayor habitually apologizes ahead of time to Council meeting attendees for having to enforce the three-minute rule. Various methods discussed to soften the abruptness of the three-minute rule included placing a red, green and yellow light on the Council dias in front of the Mayor as has been a past practice and possibly adding a warning sound when speakers are getting close to the end of the three minutes. The Committee generally felt that reinstituting the red, green and yellow lights on the Council dias in front of the Mayor would make it easier for both Councilmembers and the public to see. The Committee concurred that there are mechanisms in place to deal with situations where additional time is needed by a speaker and recommends no change to the existing system at this time. Staff was directed to spell this out in the Committee's minutes. DRAFT Agendn Summnry Report Legi$1ntive nnd Litigntion Oommittee June 17, 1999 Page -5- 7. ADJOURNMENT The meeting adjourned at 3:15 p.m. Staff Attendees: City Manager Alan Tandy, Assistant City Manager Alan Christensen, Administrative Analyst Trudy Slater; City .Attorney Bart Thiltgen, Deputy City Attorney Virginia Gennaro; Assistant Recreation and Parks Director Allen Abe Other Attendees: Tammy Brown, KU77 (P:\L&L\L990617.MIN Proposed Ordinance Showing Changes ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD REPEALING CHAPTER 9.22 (NOISE) AND CHAPTER 9.24 (AMPLIFIED SOUND) OF THE BAKERSFIELD MUNICIPAL CODE; AND ENACTING CHAPTER 9.22 (NOISE CONTROL). BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 9.22 of the Bakersfield Municipal COde is hereby repealed in its entirety. SECTION 2. Chapter 9.24 of the Bakersfield Municipal Code is'~mpealed in its entirety. Chapter 9.22 of the Bakersfie!~l' Municip~l~~mi;~'reby enacted to read as Aaicle I ,:. General progi~i~?,~ 9.~.040 ~emptions;~ ~9.~;0~~ During Construction. ~ 9'~?A~ssment of sewi~ f~. 9.22.070 Other::~i~ ~ 9.~.~ ................... u= R~istration and information ~uir~. ~ 9.22.1~ Nc~ccmmcrc;=' u=c Registration statement amendment. ~ 9.22.110 Nccccmm=rci=l u==- - Registration copies and display. ~ 9.22.1~ Nc~ccmm=rc~=l u=~ Regulatiogs for use. ~ 9.22.130 Ccmm~rcl=l u== Prch~tcd.Am~ifi~tion..from.airc~ prohib~, Page 1 of 9 ~ 9.22.140 ^"'"'"*;"~*~""' "; .... " .... ~. ........... f."cm ........ p."ch!b!tcd,Amplifled sound from vehicles. g-,24,080 9.22.150 ^'"-'-';~;"'~ o-',,'-'~ frcm vchic!c=.Revocation. Reserved~r 9,22.160 Appeal. Article I. General Provisions. 9.22.010 Purpose. The City Council declares and finds that excessive, unnecessary and annoying noise levels are detrimental to the public health, welfare and safety and contrary to the public interest as follows: .:.:,.:~ A. By intedering with the comfortable enjoyment of life, the full use and enjOyment of in'" property, and with the conduct and operation of business and dustry,?~:;:~.~:~:,~.: B. By contributing to hearing impairment and a wide range of adVerse phYSiOlogical and psychological stress conditions; and C. By adversely affecting the value of real property. It is the intent of this chapter to protect persons from excessive levels of ,noise and. the following regulations are enactedfor this purpose. ~ 9.22;020. Definitions. .-~,:~?i?!!: -~!.:i":.., --~. cc- +?'c ....... ~ ":" "~""'+"- tThe fol ~ ~ '-"~ phrases, and. terrnsa~ used in this chapter shall have the following mean ng= ""'"'=~='"~ :" "~ .... · -A.:. :,Amphfled:.sound~,me~a.nS~:a._n..y::~und created equipment. ' ' ',~;~,~' ~::~:~" · .;' :... ~?'~" ', .... , ......... at'po'· ' A: B. Central traffic d~stnct;.:~ns th rhon of.the c~ty defined as such by Chapter 10.08 o,,r any other ordinance h~after adOpted by the city. such.... ~, ..... ,..'~ c qu~..-'~nt , · ?'~":~'~'"~"'"~- .~ ~.,:,..: .... .... C. ~Construction, means any. site preparation,, assembly,, erectiOn,.substantial repair, alteration, demolition or similar action,..for or of Private or publicrights,o[:Way, S~ctures, utilities, or similar property and inClUdeS 'the transportation'i or delivery. Of:any materials, tools, equipment or personnel to or from the site of any construction Project:for the loading or unloading or use of such materials, tools, equipment or personnel, D. "Emergency work" meanS'work made necessary to restore property to a safe condition following a public calamity, work required to protect persons or property from exposure to danger, or work by private or public utilities when restoring utility services. E. "Person" means any individual, partnership, corporation, organization, or association of any nature whatsoever. Page 2 of 9 F. "Public right-of-way" means any street, avenue, boulevard, highway, sidewalk, alley, easement or the like dedicated to and accepted by the city of Bakersfield. G. "Public place" means any area open to the public within the jurisdiction and control of the city of Bakersfield. ~. H. "Sound equipment" means and includes any loudspeaker, public address system, sound amplifier, radio or phonograph equipped with a loudspeaker or sound amplifier, or any machine or device for the amplification or reproduction of the human voice, music or any other sound, when operated or maintained in such a manner as to cause any such sound to be audible to a person of average hearing faculties or capacity ~n, on or over any pubhc .......... ~ ..... ,, .......... , nght-of-way,.p..U_~ budding, park or other public place or any private premises or vehicle other;~than th~:!~i~?upon which any such machine or device is being operated or maintained:' It does.~'~~the operatio~ of any public address system, loudspeaker or other machine o,r~/device~/i[~,~;~ecessary amplification or reproduction of sound in connection with an~/' progra~t~'~'ent, contest, public celebration, performance, show, exhibit or..simila~' event, withi,~i.~Olume no louder than necessary for the convenient hearing of those within the building, enclosure or space in which such program, entertainment, contest, publiccelebration, performance, show, exhibition or similar event is staged or conducted;-i;~..~..ration of any radio receiving set, musical instrument, phonograph or.other mach~~ for the Droducin~ or reproducing of sound with a volume no Ioud~.~ecessa~~convenie~t hearin(~ of the person or persons who are within~6~iii~!!~ing, ve~e, chamber, space or location in which such machine or devi~S opera~~i~luntary listeners thereto; or warning device on authorized emergen~y~"Vehi~~orns or other authorized emergency vehicles or horns or o~r:autho[!z~d warningS/ices on any vehicle used for traffic safe~ purposes. ~.. i. Sound truck" mean~, vehi~!~having.,~m°'unted thereon, or attached thereto, any sound equipment defined!n subset. ~.~t,~ H.Of this section. A. ItShal!;beu~lawful'f~;al~Y.~rson to willfully make or continue, or allow to be made or continued;"i.~ud, uni~~, noise which disturbs the peace or quiet of any neighborhood'0~;,~l~ibh, cause~d~fort or annoyance to persons residing within one thousand feet'of:the~:~bi~,,sourc, b?~'' B. Tbe Standard~,~ilm~y be considered in determining whether a violation of the provisions of this sect~i~i~fS may include, but are not limited to the following: 1,;,' The level of thenO~se; ~,2; The level and i,.ntensity of any background noise; ;:~ii3. The proximity~f the noise to residential sleeping facilities; '. 4;: The nature and zoning of the area within which the noise occurs; :'~;:i::,5;.,'iThedensit~'of habitation of the area within which the noise occurs; .6.~ :The time of the day or night the noise occurs; 7." The duration of the noise; 8. Whether the noise is recurrent, intermittent or constant. C. Refrigerator trucks shall be permitted to operate in any commercial or manufacturing zone at all hours; provided, however, that such use does not emit noise or vibration Page 3 of 9 detrimentally impacting neighboring residential properties and the occupants thereof between ten p m and seven a.m. F"',,. "' ....... "''~ +~'~" 9.22.040 Exemptions. The following activities shall be exempted from the provisions of this chapter: A. The emission of sound for the purpose of alerting persons to the existence of an emergency or the emission of sound in the performance of emergency works is exempt for as long a period of time.as is necessary.to constitute adequate alerting ~f pers0ns~.,to.the existence of the emergency or the emergencY work; ' ::.::. ~'~ ~' B. Warning deVices for.the prot.ecti0n of the. public safety;, as .for examP'iff;;i:.'~)!~ ambulance, commerCial, mSidential.'and vehicle'alarm deVices;:.:end train li0~ c. All mechanical devicee, aPParatus or.equipment Which are-utilized Or salvage of agricultural crops during'periods of potential Or actual frost adverse weather conditions,.~ ,,,. ,, ,. ~ 9.22.050 Noise during construction. :~::~" A. Except as provided herein or in subsectionS, C or D'!of,:t~l~::Section, it. is unlawful for any person, firm or corporation to erect~!i~~h, alter ~ii~e '~:~;'~':'I~ any building, or to grade or excavate land, streets or highwa~';~0tlie~,J,~.~:i .be..tween, the hours of six a.m. and nine p.m. on weekdays, and between~e,'ig~ht, a. ,rn,;=~.!i~!~ie~p,..~':' on weekends; provided, however, that city crews and those of~:~ city s~ntra~~rming street work between nine p.m. and six a.m. are exempt;~efrom if t'he city e~ineer has directed that work be pedormed between such hours.t,0~'~ileviat~l:Jotentia!,.[raffic congestion. B. Notwithstanding any othe.?provisio~' of this chapter, if the city manager determines that the public health and safety'will not.~?imp~_ ired by the erection, demolition, alteration or repair of any building ori{he:i~_XcavatinJg:~'~g~a~l'ing of land, streets or highways between the hours of:.:nine p.m?~ii'six a.m.,':.~dif he/she further determines that loss or inconvenien~'.WO.'uld res~itt:~:i~ip,~rty in interest by virtue of the requirements provided in subsecti0ff-~;~/~She ma~,"~:~r~!~:,ermit for such work to be done between the hours of nine p.m. an~ii~:~,, upon'~!~'~ion being made at the time the permit for the work is awarded.or:';dUri~:,,~el;~0gresS~'df the work. Such permit may be granted for a period not to exceed three ~y:~ii',:~d may be extended by the city manager for a period not to exceed three days. " C;~' The provisions 0~ this" section shall not apply to any work of construction pedormed one :thousand fe.e,t or,~0re from !he nearest residential dwelling. '. 'D. '.The prov~0ns'~f th,'~'i'~:n Shali n0t'~Y'i th' perf°rmance defined in this. ch~ter; . . · !::::~ ~;,~-..,~-'~;,' · 9,22-,030 9.22,060 Assessment of service fee.* In addition to the penalty provided for in Chapter 1.40 of this code, a property owner shall be assessed a service fee pursuant to Chapter 3.70 herein if the Bakersfield Police *Editor's Note: Former Section 9.22.030, Violation Penalty, previously codified herein and containing portions of Ordinance No. 3254 was repealed in its entirety by Ordinance No. 3432. Page 4 of 9 Department responds more than one time in a thirty day period for violation(s) of this chapter. (Ord. 3793 § 1, 1997). 9.22.070 Other remedies. No provision of this ordinance shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damages arising from any violation of this ordinance. Article II. Amplified sound, ' '~' · ~:' ,- ,~ ~:'~.:. 9.22.080 Purpose. .,- The city.council enacts thls. article for the sole purpose o[secu~Jng.'i~ promoting the public health, comfort, safety and, welfare of its citizenry. ~':Whi!e.re~n~i~ of sound-amplifying equipment ~s protected by the constituhonatltlghtS,.:~fi.fr~'~omof speech and assembly, the council' nevertheless feels obligated.to .reasonabiY];~Ulate the use of sound-amplifying~ equipment in order .to protect .the' COnstitutional' rig~s.0f..the citizens of this· community, to l ..~_~.'~acy and freedom from. ipu~lic'ii'n~i~i~ud~ 9,=.090 recurred. No person, other:-{h~n"~.~6'i~rieli0f-iaw~nfOrcement ~:~-_.0:~~~]~ shall operate, maintain, or cause, allow p.?permit tO be"'~e~' Or' maint~ine:d' any' Sound equipment fcr 3 ,nc?cc,,m, ,mcrc!~.~C??..~?e.~!.ty...~.b. ef~[~, in writing with the city manager~::!~e"reg~strat~on furnished bY'. the city.',::i:shal!~be!~.~bmitted !i~o !ess.: than '.~::~(2)i:~ingi:days~i:~tl-toi'.the event,-...cn: fcrm tc bc pr~'..'!dlCd b'! c'"Md'?J,,~,/m~,".cgcr cr h!c dcc!g,",cc. S'.-'ch :tatcmcnt shall be filed.:i~ duplicate.a!!..d_.i..S..hall cont~n:..the following information: A. Name,..=nd addre~'~.and telephooe number of: cf ,,,~ ........ , 1. The re istrant, 2.' The owner:o~.;.~e sou!ldieq, u!Pment; 3. The person.in dir~:chargeOf the sound equipment;'and 4." AIl perSOns.wh0, will.i~?~r.~rate the sound equiPment; . ,.., ,..:.~,,-,,? -.~- ~. . · ., ,,~B: A general, d~scription of the sound equipment which is to be used; · G=C. The location where such sound equipment is to be used; if on a sound truck, the name and address of the registered owner and the license number of same, and a general statement of .the area or areas of the city in which such sound truck is to be operated; I~.D. A general statement of the purpose for which such sound equipment is to be used; F.E. The proposed hours of operation of such sound equipment; ,J=F. The dates of proposed operation of such sound equipment; Page 5 of 9 K..G. The maximum sound producing power of the sound equipment to be used. State the following: 1. The wattage to be used, 2. The volume in decibels of the sound which will be produced, '3. The approximate maximum distance sound will be transmitted from the sound equipment. H. The applicant shall pay a fee not to exceed the cost 'of processing any. such application as set forth in Chapter 3.70. ~9,33,100 Nc.-,ccmm=rc]=~ us= Registration statementamendment. All persons operating or maintaining, or causing, allowing or Pe~jtti~g~to be operatffd or maintained any sound equipment ' registration statement filed pursuant to this section within forty-e~ti't hoiJ~~.~c. ~-~ge in the information therein furnished. ??, ¢J¥34~040 9,33,110 Nc.-.=cmmcrc!a! u",~," Registrationcopies and display, A. If the information on the registration statement demonstrates !hat the proPOsed operation will be consistent with ¢~,,,-,~;,"'~&:~;~;~":~=;n '::~'~":'"~-'"'~'-;" · the regulations ~n ............. ,,,,,, th~s Ch.~.~, the c~ty manager o~:hi~er designee shall return to each:~gistrant ~'~~tic.-. 9.2~.020, one copy of said registration statement duly .certi~fi~:;;t~/-him ~~rrect coav of said statement. "~"" . ~'- '-' · Sa~d cert#~ed copy of the regis,~.~.. ~n statetfie'~~,~' in the possession of any pe son operabng the sound equ~p~nt at alt?,flmes;~i~~d copy shall be d~splayed promptly to any peace officer upo~=~quest.?~ ~ 9.33~120 ,~.c.-.cc..'-t.,,'-~rc~3! u~;~I Regu..!ations for use. The operation or maintenance of sound..!~uipment for ,",c,",commcrc!a' ~ur-"-cccc shall be subject to:the followin~:'i'e%lations-,~!:'?~;i~!i~?-~ ....'- ^. umy .mus!c anoli~man.~eech am'.Permitted. B. oper~fl0nSare pe~e~l~, between the hours of nine a.m. and six p.m., of each day; exceptj;i'~,'{~und eq~P~f.;.~.~..erating from a fixed location on private premises included in a c~n;i'~; or ind~j~i~°ne by the provisions of Title 17 m~y b~e~,~ra~.d... between the:~hOa~i~f~!he,,,a.m, iind ten p.m. of any da.y. location. for use;;.:ir!C!~di~-, within the. centra!itraffic '.distnct,may!:~ii~ permit issued bY ~l:ie c~.'i~ahager, as. otherwise POrmittedby .'i'C. Sound equipment shall not be operated within one hundred yards of: "?i', Any hospital;~? 2:. Any school, .except after school hours and on days when school is not in session and when said school is not being used for the purpose of a public meeting; 3. Any church, except when the same is not being used for religious services or classes; 4. The City Hall or Kern County Courthouses, except after five p.m. on weekdays or on Weekends or legal holidays; 5. Any mortuary or cemetery, when services are in progress. Page 6 of 9 D. No sound truck or sound equipment shall be operated or maintained within the central traffic district where the volume of sound is audible for a distance in oxcess of fifty feet from the sound truck or the extedor boundaries of the premises upon which said sound equipment is located, except that the city council may issue a permit for the installation and operation of a stationary sound equipment affixed to a building for the reproduction or amplification of music or bell tones to be reproduced at regular stated intervals and for a stated period each time, during the day between nine a.m. and ten p.m., upon compliance with all other provisions of this chapter and amendments thereto; and, prodded further, that the volume of sound shall be controlled so that it will not be audiblefor a distance of more than six hundred feet from the point of location of said,.sOundequipment; and, provided further, that said permit may be revoked at any. time ~i~ council, upon satisfactory evidence that said use of said equipment is a nui~n~i~surround~' neighborhood, and disturbs and interferes with the reasonable~ co~~,njo~r{t of life or property of persons residing or working inthe neig.~iJbr?ood or~'~"~~'ent. E. Except as otherwise stated in. this Section or paragraph B, Ythe volume of sound shall be controllod so,that it will not be audible for a distance in excess of one hundred fifty feet from the exte~boundaries of the premises upon which said sound equipment is located, and ~o that~'~~~e is not unreasonably loud, raucous, jarring, disturbing or a nuisance.,.~'~~. . F. When any loudspeaker, public ad..~i~!i~,ystem, '~?~amplifier, radio or phonograph equipped with Ioudspeaker,~j~l~O~y,~other~hine or device for the amplification or reproduction of the hu~Voice :,~i]~i~.a[j¥~Other sound is so arranged, operated or equipped that it can b~eard ~h in~,~Eoutside of the building or premises where the same is main~d, andsaid maOli~r device is operated at times other than those in which th~'".~ratio~,!~O'f sound~quipmen, t is permitted under the provisions of this chapter, the¢~ch ma~ne or d*~t~ shall be equipped with a control switch located inside such building or pre~s,..~irl.~Ch a manner that all speakers located outside such building or.~~s can ~'i~i~'~°ff at times when the operation of sound equipment is prohibit s:c..hapter.',~'.-',~:~!:~ .,.. dY · · .~,.:~,.,.1'"' '""' ...... '""'"'""' I"'"" f"'"'""' ''"' ..... "'"" '"'"$' '""'"'"P'" '"~'"' I,,. ~,/.,.,. ~] ,., ,-,, ,~ Page 7 of 9 ~ 9.22.130 Amplification from aircraft prohibited. No person shall operate, or cause, allow or permit to be operated any aircraft for any purpose in or over the ci~ from which any sound equipment is being operated with volume sufficiently loud to be audible to a person of average hearing faculties or capacity in or on any private premises in said city. ~9.22.140 Amplified sound from vehicles. ~ Except as othe~ise allowed under this chapter, no..Person'sh~l use or operate permit to be used or operated a radio, tape player, t~ recorde[,.~a~.disc playe[,pr any similar device in or a~ached to a vehicle whethermoving, ~d or ~.~o~ed or unoccupied, which is audible to a person of no[mai he.rig sens~tivl~;~m.~n f feet from said vehicle or, as to any veh cie not Io~t~ on a public street, sS"AUdisie more than fi~y feet from the prope~y line of the prope~y on whi~ said vehicle is Io~ted. This section shall not apply to acts proscribed by Vehicle ~e S~p~.27007 after the effe~ive date of such section, to any sound system being o~ratedtO:~UeSt?ssistan~ or to wam of a h~ardous situation, to any authorized emergency vehicle,~"~s o~rated by gas, electnc, commum~t~ons or water ut~htles. ~.~?~.~,~:,, 9.~.1~. Revo~tlOn~ ,~' ~,~ manager orhi~et. ' A. ~at falSe o~misleading Stateme'~)'::~6~ B. That the ~l~nt has done ~y.'a~:r~t~ to me.~t~n in~M~ fraud, or d~eit with the.intent to su~tan~ial!y..~nefit himse~ Or another, Or injure another, or,~ ~,~ C.. That'the:~rmit ~li~ble law; or ~.~::.~?~'~,~ D.. That any of ~[ter~.or cond~ons ~of~!d ~rm~..ha~e ~n :~oiat~ ........ ' ' ' ....... "' ": ...... '"' h "m ....... r .A.... Should any,~~ ~ d~t=fi~:~:[he.d~:of t: e~. designee nottO no later ~n ten da~-affer:.noti~ofsUch ~d~iOn,~.de~E~'in the addre~ to the ~i~nt or'~iUee'at ~e. addre~ prOv~ on the wrAen obj~tion to the c~ ~uncil seffi~ foKh'~e gmU~ for di~t~fa~ion, ~q~n the council shall hear said obje~ions at a regular mee~ng no late~ than three, w~ following the.filing of the obj~tion with the ci~ cleA. The a~i~nt shall ~ gNen ~i~en notice no less than three days prior to said hearing. The council may, upon said hearing, sustain, suspend, or overrule the decision of the city manager or his/her designee, which decision shall be final and conclusive. B. Pending the hearing before the council, the decision of the city manager or his/her designee shall remain in full force and effect and any reversal thereof by the city council shall not be retroactive but shall take effect as of the date of the council's decision. .......... oo000oo .......... I HEREBY CERIII~ that the forgoing Ordinance was.paSsed and~adopted by the Council of the City of Bakersfield at a regular meeting thereof held on ' '":'?~:: ':'~:::' ~'?by the following vote: AYES: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROwt. ES, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER .~..:;, ¢1'~ cLEnKand.·~'o[~clo of the ~-?' Council of tho C~"of Bakersfield APPROVED AS:lO_FORM: ' ~'?' CIT¥..ATTORNEY .. ' · · MICHAI::L I3. ALLFORD · 'i-,~i~tan! Gity Attorney MG^:Isc $:\COUNClL~Dr~amp$ound.ord.¢.~..×.~d Page 9 of 9 "Ctean" Copy of Proposed Ordinance ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD REPEALING CHAPTER 9.22 (NOISE) AND CHAPTER 9.24 (AMPLIFIED SOUND) OF THE BAKERSFIELD MUNICIPAL CODE; AND ENACTING CHAPTER 9.22 (NOISE OONTROL). BE IT ORDAINED by the Council of the City o SECTION 1. Chapter 9.22 of the Bakersfield Municipal repeale,[rety. SECTION 2. Chapter 9.24 of the Bakersfield is in its entirety. Chapter 9.22 of the enacted to read as follows: ~OL Article I 9.22.010 9.22.0: 'Noise Exem Noise D )n. 22.060 ~nt of service fee. Othe~ nedles. II Ar ed Sound. )ose. ;gistration and information required. }0 Registration statement amendment. 9.22.110 Registration copies and display. 9.22.120 Regulations for use. 9.22.130 Amplification from aircraft prohibited. -- Page 1 of 8 Pages-- 9.22.140 Amplified sound from vehicles. 9.22.150 Revocation. 9.22.160 Appeal. Article I. General Provisions. 9.22.010 Purpose. The City Council declares and finds that excessive, unneces~ noise levels are detrimental to the public health, welfare and y to the public interest as follows: A. By interfering with the comfortable enjoymenl ;njoymen~ property, and with the conduct and operation of bu ~ss and B. By contributing to hearing impairment and a psychological stress conditions; and C. By adversely affecting the value of real pro It is the intent of this chapter to protect persons fr levels of noise and the following regulations are enacted for this 9.22.020 Definitions. The following words, phrases and have the following meanings-specified in this ~n: A. "Amplified sound" means ar use of sound-amplifying equipment. B. "Central traffic district' of city defined as such by Chapter 10.08 or.any other ordinance city. C. "Construction" mea~ ;sembly, erection, substantial repair, alteration or or public rights-of-way, structures, utilities portation or delivery of any materials, tools, from the site of any construction project for the loading or unload tools, equipment or personnel. D. "Eme made necessary to restore property to a safe Condition work required to protect persons or property from exposur rate or public utilities when restoring utility services. E. ~rson" me. ual, partnership, corporation, organization, or ass, tion of any nat "Public ric means any street, avenue, boulevard, highway, sidewalk, alley, or the to and accepted by the city of Bakersfield. "Public any area open to the public within the jurisdiction and control :ield. luipment" means and includes any loudspeaker, public address system, r, radio or phonograph equipped with a loudspeaker or sound amplifier, or any machine or device for the amplification or reproduction of the human voice, music or any other sound, when operated or maintained in such a manner as to cause any such sound to be audible to a person of average hearing faculties or capacity in, on or over any public right-of-way, public building, park or other public place or any private premises or -- Page 2 of 8 Pages -- vehicle other than that in or upon which any such machine or device is being operated or maintained. It does not include the operation of any public address system, loudspeaker or other machine or device for the necessary amplification or reproduction of sound in connection with any program, entertainment, contest, public celebration, performance, show, exhibit or similar event, with a volume no louder than necessary for the convenient hearing of those within the building, enclosure or space in which such program, entertainment, contest, public celebration, performance, show, exhibition o~ event is staged or conducted; the operation of any radio receiving s~ ~nt, phonograph or other machine or device for the producin~ or rep sound with a volume no louder than necessary for the convenient or persons who are within the room, building, vehicle, chamber, s .uch machi or device is operated and are voluntary listeners th~ or wa~ emergency vehicles or horns or other authorized er authorized warning devices on any vehicle used purpos( I. "Sound truck" means any vehicle having mo~ or attach( ~reto, any sound equipment defined in subsection H of this se 9.22.030 Noise generally. A. It shall be unlawful for any person to or to be made or continued, any loud, unnecessary ne :urbs or quiet of any neighborhood or which causes disc( residing within one thousand feet of the noise source. B. The standards which may g whether a violation of the provisions of this section exists )ut are t limited to the following: 1. The level of the noise; 2. The level and inl ~se; 3. ~ of ~ping facilities; 4. the which the noise occurs; 5. the area within which the noise occurs; 6. Tt noise occurs; 7. Thed 8. Whl intermittent or constant. C. R ;rmitted to operate in any commercial or manufacturing zone hours; I: that such use does not emit noise or vibration det~ '~tally impactir boring residential properties and the occupants thereof ,en ten p.m. n a.m. 140 Exem ss shall be exempted from the provisions of this chapter: of sound for the purpose of alerting persons to the existence of an the emission of sound in the performance of emergency works is exempt for as long a period of time as is necessary to constitute adequate alerting of persons to the existence of the emergency or the emergency work; B. Warning devices for the protection of the public safety, as for example, Police, fire, ambulance, commercial, residential and vehicle alarm devices, and train horns; Page 3 of 8 Pages C. All mechanical devices, apparatus or equipment which are utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions. 9.22.050 Noise during construction. A. Except as provided herein or in subsection B, C or D of this section, it is unlawful for any person, firm or corporation to erect, demolish, alter or repair any or to grade or excavate land, streets or highways, other than between th iix a.m. and nine p.m. on weekdays, and between eight a.m. and nine p.m. Ids; provided, however, that city crews and those of the et work between nine p.m. and six a.m. are exempt herefrom if the that work performed between such hours to alleviate potenti~ cot B. Notwithstanding any other provisions of this les that the public health and safety will not be impaire~ dem or repair of any building or the excavating and gradir streets or hi( between the hours of nine p.m. and six a.m., and if determines that loss or inconvenience would result to any party in uirements provided in subsection A, he/she may grant a permit for between the hours of nine p.m. and six a.m., upon application at th, for the work is awarded or during the progress of the ~rmit granted for a period not to exceed three days, and may tger for a period not to exceed three days. C. The provisions of this sectior t( of construction pedormed one thousand feet or more dwelling. D. The provisions of this s~ of emergency work as defined in this chapter. ice In ded fo 1 Chapter 1.40 of this code, a property owner shall be ~ant to Chapter 3.70 herein if the Bakersfield Police Department in a thirty day period for violation(s) of this chapter. (Ord. 37 Other provision of ~nce shall be construed to impair any common law or statutory of action, or remedy therefrom, of any person for injury or damages arising ny violation is ordinance. sound. *Editor's Note: Former Section 9.22.030, Violation -- Penalty, previously codified herein and containing portions of Ordinance No. 3254 was repealed in its entirety by Ordinance No. 3432. -- Page 4 of 8 Pages 9.22.080 Purpose. The city council enacts this article for the sole purpose of securing and promoting the public health, comfort, safety and welfare of its citizenry. While recognizing that the use of sound-amplifying equipment is protected by the constitutional rights of freedom of speech and assembly, the council nevertheless feels obligated to reasonably regulate the use of sound-amplifying equipment in order to protect the constitutional rights of the citizens of this community to privacy and freedom from public nuis~ If loud and unnecessary noise. 9.22.090 Registration and information required. No person, other than personnel of law operate, maintain, or cause, allow or permit to b~ equipment in the city before filing a registration The registration statement shall be made on by all be submitted no less than two working days prior to ti' ~hall be filed incate and shall contain the following information: A. Name, address, and telephone number of: 1. The registrant; 2. The owner of the sound equipment; 3. The person in direct charge of the a 4. All persons who will use or opel B. A general description of the s, be used; C. The location where such so ; if on a sound truck, the name and address of the the number of same, and a general statement of the area or ~/hich sound truck is to be operated; D. A general statement uch sound equipment is to be used; E. Th~ ho und equipment; F. sound equipment; G. power of the sound equipment to be used. State the follo~ 1. The 2. The ound which will be produced, 3. T distance sound will be transmitted from the sound equip :. he applicant a fee not to exceed the cost of processing any such as set fort hapter 3.70. 00 Re( '~ statement amendment. ting or maintaining, or causing, allowing or permitting to be operated sound equipment shall amend any registration statement filed pursuant t~ forty-eight hours after any change in the information therein fumished. 9.22.110 Registration copies and display. A. If the information on the registration statement demonstrates that the proposed operation will be consistent with the regulations in this chapter, the city manager or his/her -- Page 5 of 8 Pages-- designee shall return to each registrant, one copy of said registration statement duly certified as a correct copy of said statement. B. Said certified copy of the registration statement shall be in the possession of any person operating the sound equipment at all times, and said copy shall be displayed promptly to any peace officer upon request. 9.22.120 Regulations for use. The operation or maintenance of sound equipment shall be following regulations: A. Only music and human speech are permitted. B. Operations are permitted only between the ho of day; except, that sound equipment operating xed s included in a commercial or industrial zone by the ' ' between the hours of nine a.m. and ten p.m. of hours and location for use, including within the central traff be modil special permit issued by'the city manager as otherwise per ' ' s of this municipal code. C. Sound equipment shall not be operated of: 1. Any hospital; 2. Any school, except after school whE lool is not in session and when said school is not being c meeting; 3. Any church, except when th~ for religious services or classes; 4. The City Hall or Kern Co~ e) pt after five p.m. on weekdays or on weekends or legal holiday= 5. Any mortuary or ~n progress. D. No und truck operated or maintained within the central t~ s audible for a distance in excess of fifty daries of the premises upon which said sound equipmen council may issue a permit for the installation and operation affixed to a building for the reproduction or ami: reproduced at regular stated intervals and for a stated between nine a.m. and ten p.m., upon compliance with proviso( and amendments thereto; and, provided further, that volume of sou be controlled so that it will not be .audible for a distance of m than six from the point of location of said sound equipment; and, further, th~ permit may be revoked at any time by the city council, upon evide that said use of said equipment is a nuisance to the surrounding sturbs and intederes with the reasonable and comfortable enjoyment of persons residing or working in the neighborhood of said equipment. as otherwise stated in this section or by special permit referred to in paragraph B, the volume of sound shall be controlled so that it will not be audible for a distance in excess of one hundred fifty feet from the exterior boundaries of the premises upon which said sound equipment is located, and so that said volume is not unreasonably loud, raucous, jarring, disturbing or a nuisance. Page 6 of 8 Pages F. When any loudspeaker, public address system, sound amplifier, radio or phonograph equipped with loudspeaker, jukebox, or any other machine or device for the amplification or reproduction of the human voice, music or any other sound is so arranged, operated or equipped that it can be heard both inside and outside of the building or premises where the same is maintained, and said machine or device is operated at times other than those in which the operation of sound equipment is permitted under the provisions of this chapter, then such machine or device shall be equipped Ih a control switch located inside such building or premises, in such a manner located outside such building or premises can be turned off at times whe~ of sound equipment is prohibited by this chapter. 9.22.130 Amplification from aircraft prohibited. No person shall operate, or cause, allow or pe purpose in or over the city from which any sound ,lume sufficiently loud to be audible to a person of faculties or ca in or on any private premises in said city. 9.22.140 Amplified sound from vehicles, Except as otherwise allowed under this no per use or operate or permit to be used or operated a radio, ~pact disc player, or any similar device in or attached to or parked, occupied or unoccupied, which is audible to a sensitivity more than fifty feet from said vehicle or, as to an ~blic street, so audible more than fifty feet from the property perry o /hich said vehicle is located. This section shall not apply to acts le Section 27007 after the effective date of such section, to an to request assistance or to warn of cy vehicle or vehicles operated by gas, electric 9.22.150 Any may be immediately revoked by the city manager o~ he/she finds: A. T (s) were made on the application; or B. the appli any act related to the application involving dishonesty, deceit with to substantially benefit himself or another, or substantially in another; or That the penlolder has violated any provision of this ordinance or any other law; or le terms or conditions of said permit have been violated. A. Should any appliCant be dissatisfied with the decision of the city manager or his/her designee not to grant a permit or for the revocation of a permit, then said applicant may, no later than ten days after notice of such decision is deposited in the United States mail, addressed to the applicant or permittee at the address provided on the application, make -- Page 7 of 8 Pages -- written objection to the city council setting forth the grounds for dissatisfaction, whereupon the council shall hear said objections at a regular meeting no later than three weeks following the filing of the objection with the city clerk. The applicant shall be given written notice no less than three days prior to said hearing. The council may, upon said hearing, sustain, suspend, or overrule the decision of the city manager or his/her designee, which decision shall be final and conclusi,~e. B. Pending the hearing before the council, the decision of the city man~ or his/her designee shall remain in full force and effect and any reversal th( city council shall not be retroactive but shall take effect as of the date of rtecision. .......... oo000oo-- I HEREBY CERTIFY that the foregoing Ordi passed and 'by the Council of the City of Bakersfield at a regular ~eld on , by the following vote: AYES: COUNCILMEMBER CARSON, DEMOND, SALVAGGIO NOES: COUNCILMEMBER ABSTAIN: COUNClLMEMBER ABSENT: COUNClLMEMBER CLEI and EX OFFICIO of the e City of Bakersfield APPROVEI BOB PRIC CITY OF BAI APPR( AS TC J. THILTGEN A'R'ORNEY L G. ALLFORD stant City Attorney, MGA:Isc S:\COUNClL~)rds~arnpsound.ord.9.22.finalx.wpd Page 8 of 8 Pages -- CITY OF BAKERSFIELD APPOINTMENTS OF BOARD AND COMMITTEE MEMBERS Ballot Ward Appointment with Mayor Appointment with Council Appointment by Motion Appointment Council Confirmation Council Confirmation Generally No Ballot** Fire Civil Service Board Citizens Community Serv. Central Dist. Development Board of Building Appeals Miscellaneous Civil Svc. BdAdvisory Committee Agency (CDDA) Board of Zoning Planning Commission Historic Preservation Comm. Golden Empire Transit Dist. Police Civil Service Board Handicapped Access Appeals Board Kern Mosquito & Vector Control District Vicious & Dangerous Animal Admin. Review Board STANDARD RECRUITMENT PROCESS · Recruitment handled by the City Clerk's Office · Notice of Vacancy posted on the City's Web Page · Press Release sent to The Bakersfield Californian for publication · Completed Applications required by Candidates · Administrative Report with Applications provided in Agenda Packet NOTE: Terms and expiration dates may be found in the City's Roster, which is published annually. ** The ballot process may be used. However, due to the usual limited response by the public, there is seldom more than one candidate for these positions. July 8, 1999 (9:39AM) TALLY SHEET Fire Civil Service Board June 16, 1999 WARD WARD WARD WARD WARD WARD WARD TOTAL APPLICANT #1 #2 #3 #4 #5 #6 #7 POINTS BROCK BRUNNI "~ MANZER SLOCUMB __~ TALLY SHEET Fire Civil Service Board June 16, 1999 WARD WARD WARD WARD WARD WARD WARD TOTAL APPLICANT #1 ' #2 #3 ~ #5 #6 #7 POINTS BROCK ~ ~,. X. X ~ BRUNNI X X ~ ~ MANZER SLOCUMB The individual with the highest number of points, to fill the unexpired term, expiring December 31, 2001 is: