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HomeMy WebLinkAbout06/17/1999 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, June 17, 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 MAY 20, 1999 AGENDA SUMMARY REPORT 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS A. None 6. NEW BUSINESS A. CITY POLICIES ON BASEBALL IN THE PARKS B. DISCUSSION ON POLICY ISSUES RELATING TO EDITING AND TRANSMITTING TELEVISION BROADCASTS OF CITY COUNCIL MEETINGS C. COUNCIL PUBLIC STATEMENT POLICIES 7. ADJOURNMENT p:~L&L~GN990617 FILE COPY BAKERSFIELD Al~,C'randy, Cit ;r David Couch, Chair Staff: Trudy Slater Patricia J. DeMond Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Regular Meeting Thursday, May 20, 1999 1:30 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 1:35 p.m. Members present: Councilmembers David Couch, Chair: Patricia DeMond, and Jacquie Sullivan who arrived at 1:40 p.m. 2. ADOPT FEBRUARY 18, 1999 AGENDA SUMMARY REPORT Approved as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS None Agenda Summary Report Legislative and Litigation Committee May 20, 1999 Page -2- 5. DEFERRED BUSINESS A. AMPLIFIED SOUND ORDINANCE Assistant City Attorney Michael AIIford indicated the proposed amplified sound ordinance deletes the distinction between the use of amplified sound for commercial as opposed to non-commercial uses and supports a broad-based ordinance. At present the use of amplified soundfor a commercial purpose is prohibited. Further discussion ensued on sound inside vs. outside buildings, exemption specifics, complaint-based enforcement, and the permit process. Staff is researching the use of amplified sound in the central traffic district. 6. NEW BUSINESS A. BASIC SAFETY PROVISIONS FOR Y2K Administrative Analyst Trudy Slater indicated Assistant Fire Chief Kirk Blair was in attendance to provide information on basic safety provisions in emergency situations, Development Services Director Jack Hardisty to cover zoning issues, and M.I.S. Director Bob Trammell to discuss computer-related Y2K issues. Mr. Knute Berry spoke at length on the advantages to be gained in allowing small animals to be raised in the City in preparation for possible Y2K disasters, including serving as a source of food and for fertilizer. His questions on zoning and computer-related issues were answered by staff. Councilmembers Couch, DeMond and Sullivan asked questions of Mr. Berry and staff. After several minutes of discussion, the Committee agreed that it was satisfied with steps taken by staff to eliminate or ameliorate possible Y:~K issues. They had received calls from residents who did not want animals raised in the City as advocated by Mr. Berry. There was a concern with the disruption to other residents if such change were allowed. Councilmember DeMond motioned, and it passed, to have extra steps taken to enhance the community's awareness of basic safety emergency preparedness through an emergency drill in June. It was suggested that the City's web site could be used to disseminate information on Y2K issues. A committee report will be forwarded to Council for its approval. Mr. Berry indicated he did not feel this was an acceptable solution. Agenda Summary Report Legislative and Litigation Committee May 20, 1999 Page -3- B. PLANNING COMMISSION PROCEDURES/APPOINTMENTS SURVEY Administrative Analyst Trudy Slater explained that a survey of ten cities comparable to Bakersfield were surveyed on procedures they used to appoint their planning commissioners and alternates. The processes used by the different cities were widely divergent. A summary of the information indicated the following: in four cities selection/screening/nominating committees were used to submit nominations to Council (Glendale, Modesto, Ontario, Riverside), in two cities the mayor nominates individuals to the entire council from recommendations from individual councilmembers (Pasadena, San Bernardino), in one city the mayor presents nominations to council (Fremont), in one city the mayor appoints with council approval (Fresno), in one city individual councilmember nominates to the entire council (Oxnard), and in one city individuals are nominated by the individual council- members and the mayor (Stockton). Out of the ten cities, two cities (Riverside and San Bernardino) utilize alternates. Riverside's alternates (up .to two) become commissioners if them is a vacancy on the planning commission. San Bernardino's alternates (two), which are appointed by the mayor, vote only if there is no quorum. After discussion, Councilmember DeMond indicated she would like to have each planning commissioner appointed by a councilmember and that the alternate position could be eliminated. Councilmember Sullivan felt there were strong benefits to the current system which was less embarrassing to those who had the courage to apply even though they were not selected. Councilmember Couch indicated them was a perception that lobbying for appointments had gone on; he was supportive of the one planning commissioner appointed by each councilmember. City Manager Alan Tandy suggested a lottery system to change over to the new system should that decision be made, with lots drawn to match time slots. Planning Commissioners have staggered terms and a change could be effectuated in a four- · year cycle. He indicated the Planning Commission is independent from the Council. The committee discussed changing the existing appointment system, agreeing that it generally worked quite well. A suggestion was to require each councilmember to vote for three or one. There was discussion on having councilmembers immediately announce their votes rather than waiting for the City Clerk to announce after the votes were tallied. Agenda Summary Report Legislative and Litigation Committee May 20, 1999 Page -4- Councilmember Sullivan indicated her support for requiring councilmembers to vote for the top three. Councilmembers Sullivan and DeMond encouraged announcing the votes immediately. Councilmember Couch suggested a lottery in public one time to establish the changeover pattern. It was generally agreed that individual councilmember appointments to the Planning Commission should be at large rather than requiring ward residency. Appointment of an alternate was considered to be a separate issue. Chief Assistant City Attorney Bob Sherfy indicated making a change in the alternate position would require an ordinance change. Councilmembers Couch and DeMond felt an alternate was not needed in either the current system nor in the individual councilmember appointment system. A motion was made and passed to have staff forward to Council for their decision a committee report indicating the two options the Committee felt were viable. One: slightly modify the current system to announce individual councilmember votes immediately and require all councilmembers to vote for three. Two: allow councilmembers to nominate one planning commissioner each, not restricted to his/her ward, approved by the Council as a whole, to be implemented with a lottery drawing. In both cases, an elimination of the alternate position was recommended. The options would be presented to the Council as a whole for its review. 7. ADJOURNMENT The meeting adjourned at 3:35 p.m. Staff Attendees: City Manager Alan Tandy, Administrative Analyst Trudy Slater; Chief Assistant City Attorney Bob Sherfy, Assistant City Attorney Michael AIIford; Police Captain Bill Rector; M.I.S. Director Bob Trammell; City Treasurer Bill Descary; and Development Services Director Jack Hardisty Other Attendees: Knute Berry, Kathy Daniel (P:~.&L~L990520.MIN) Excerpt from BAKERSFIELD MUNICIPAL CODE 12.56.010--12.56.020 Chapter 12.56 12.56.190 Amplified music or ampli- fied speech--Exceptions. PARKS* 12.56.200' Use permit--Sale of al- coholic beverages. Sections: 12.56.210 Use permit--Alcoholic 12.56.010 Purpose. beverage consumption 12.56.020 Definitions. permit. 12.56.030 Recreation and park stan- 12.56.220 Revocation of permits. dards, guidelines, re- 12.56.230 Appeal. quirements, and fees. 12.56.240 Sales and fees--Regula- 12.56.040 Administrative officers-- tions. Duties. 12.56.250 Entering park--Compli- 12.56.050 Prohibited acts in parks, ance with chapter provi. 12.56.060 Use of restrooms, sions required. 12.56.070 Activity requiring a use permit. 12.56.010 Purpose. 12.56.080 Exclusive use permit--Fa- The purpose of this chapter is to regulate the cility reservation, use of recreation and park facilities within the city, 12.56.090 Special events permit, in order that all persons may enjoy and make use 12.5 6.100 Special events permit-- of such recreation and park facilities and to protect Application--Contents. the rights of persons in the surrounding areas. 12.56.110 Special events permit--Ac- (Ord. 3823 § 1 (part), 1998). tion on application. 12.56.120 Special events permit-- 12.56.020 Definitions. Conditions for denial. Unless .the particular provisions or the context 12.5 6.13 0 Special events permit--In- otherwise requires, the definitions and provisions demnification and iusur, contained in this section shall govern the constmc- ance. tion, meaning and application of such words and 12.5 6.140 Use permits--Applica- phrases used in this chapter. tion--Generally. A. "Amplified music" means music projected 12.5 6.150 Use permits--Applica- and transmitted by electronic equipment, including tion--Contents, amplifiers. 12.56.160 Use permits--Applica. B. "Amplified speech" means human speech tion--Action on. projected and transmitted by electronic equipment, 12.56.170 Use permit--Amplified including amplifiers. music~ C. "Chief of police" or "chief' means the city 12.5 6.180 Use permit--Amplified of Bakersfield police chief or authorized represen- speech, tative. D. "City manager" means the city of Bakers- *Editor's Note: Prior ordinance history includes field city manager or authorized representative. portions of prior code § 5.40.010--5.40.260 and E. "Community park" means a park which Ordinance Nos. 2595, 2596, 2667, 2687, 2750, serves several neighborhoods and is planned to 2928, 3057, 3183, 3185, 3190, 3250, 3233, provide a greater range of recreational facilities 3407, 3434, 3721. than a neighborhood park. Central Park, Martin 415 (Bakersfield 3-98) 12.56.030--12.56.050 Luther King Park, Patriots Park, Beach Park, and facilities consistent with this chapter and applicable YoKuts Park are community parks, resolutions of the city council. F. "Director" means the city of Bakersfield (Ord. 3823 § 1 (part), 1998). recreation and parks director or designee. G. "Neighborhood park" means a park which 12.56.040 Administrative officers--Du- is located in close proximity to residential areas ties. and primarily serves the neighborhood for essen- The director shall direct the administration of tially recreational purposes, the divisions 0f recreation and parks, and it shall H. "Parks" includes all community and be his or her duty to: neighborhood parks, the grounds, parking lots, A. Develop, maintain and operate the recre- sumps, basins, pathways, roadways, avenues, ation and park facilities within the city; and areas used for recreational and park purposes, B. Issue facility reservations and park-related and which are dedicated as such. For the purpose permits as set forth in this chapter, for the use of of section 12.56.050, it also includes median is- parks, athletic fields, swimming pools, softball di- lands, parkways, sump areas or greens, or other amonds or other recreational facilities, and enfome public grounds, the provisions of this chapter, the resolutions of (Ord. 3823 § 1 (part), 1998). the city council, and other applicable regulations; C. Promulgate roles and regulations in the 12.5 6.0 30 Recreation and park start- form of an operations manual for the daily opera- dards, guidelines, require, tion of the recreation and park facilities therein, merits, and fees. consistent with the provisions of this chapter and A. The city council may, by resolution, estab- resolutions of the city council. Such regulations lish recreation and park standards, guidelines and shall have the force of law and shall be punishable fees, and other requirements annually, not in con- as set forth in Chapter 1.40 of this code. flict with this chapter. (Ord. 3823 § 1 (part), 1998). B. Such resolution shall list the recreation facilities and parks which may be reserved, the 12.56.050 Prohibited acts in parks. · type of activities permitted, permits, facility reser- Within the limits of any park, it is unlawful for vations, approvals or insurance required, maxi- any person, other than a duly authorized city em- mum occupancies for the various parks and facili- ployee in the performance of his or her duty, to do ties therein, fees and deposits required, and may any of the following: promulgate, by such resolution, any reasonable A. Play or practice golf or archery, fly motor- regulations for the proper administration of the driven model aircraft, or throw a javelin, shotput, parks which are consistent with the enforcement of hammer, boomerang, or other dangerous projec- this chapter, file; C. Such resolution and any amendments B. Cut, remove, destroy, injure, mutilate, thereto shall have the force of law and any viola- pluck, pull up or take any tree, plant, shrub, tion thereof shall be punishable as set forth in bloom or flower; or to cut, break injure, deface, Chapter 1.40 of this code. · disturb or remove any bench, table, apparatus, D. Nothing in this section shall prohibit the refuse receptacle, equipment, building, structure, director from promulgating rules and regulations monument, sign, fence or property; or to mark, for the daily operation of the parks and recreation paint, write or print upon any building, monu- (Bakersfield 3-98) 416 12.56.060 ment, fence, bench, structure or other property; or · by persons passing along the same shall be obstruct- to remove any wood, tuff, grass, soil, rock, sand or ed in any manner~ gravel; or to attach or place in any manner any sign, L. Be in or upon any park between the hours of poster, card, display or advertising device; throw ten p.m. and five a.m., except for participants in any stones, rocks, clods or missiles; or to hunt, city-sponsored events, for which the prohibited pursue, annoy, throw stones, clods, rocks or missiles hours shall be twelve midnight to five a.m.; pro- at, shoot at, or molest or disturb in any way any vided, however, that camping and lodging overnight animal or bird; or to go upon any lawn or grass plot may be permitted when such camping or lodging is where prohibited by a proper and legible sign; part of an authorized recreational outing under the C. Make, light, kindle or maintain any fare, supervision of the division of recreation and parks unless such fire is lighted and maintained in a grill,of the city pursuant to a permit granted therefor by pit, or brazier intended for such use; the city manager or designee; such application may D. Open, expose or interfere with any water or be denied if such use is found to be inimical to the gas pipe or electrical outlet, hydrant, stopcock, use of any park by the general public; sewer, basin or other fixture or improvement; M. Except as allowed under permit issued pursu- E. Leave any garbage, rubbish, trash cans, bot- ant to Section 12.56.200, operate any radio, tape ties, papers, cigarettes or other refuse elsewhere than player, tape recorder, record player, television, eom- in the receptacles provided therefor; pact disc player or other similar sound equipment on F. Operate, drive, fide or propel any motor or in any park, or in any parking area or lot within vehicle, bicycle, unicycle, horse, cattle, or any other any park, at such volume as permits the noise there- animal, or to bring or keep any animal other than a from to be audible to any person of normal hearing domestic animal; sensitivity fifty feet from said radio, tape player, G. To allow dogs to nm loose or with a chain or tape recorder, record player, television, compact disc leash longer than six feet, except in areas which player or other similar sound equipment; may be specifically designated and posted for such N. Except as authorized by permit issued pur- use; suant to Sections 12.56.200 or 12.56.210, possess H. Take into, exhibit, use or discharge any f'~re- any can or other receptacle containing any alcoholic arm, weapon, air gun or slingshot; beverage which has been opened, or a seal broken, I. Use or attempt to use or interfere with the use or the contents of which have been partially re- of any table, stage, equipment, apparatus, area, moved; -:. athletic fields, swimming pool, tennis court or other O. Take into, exhibit, use, cause to be brought space or facility which has been reserved for other into, or otherwise cause any bottle or any other persons under any contract, facility reservation or glass beverage container, other than a container permit from the director or reserVed or scheduled for displayed as an exhibit in an authorized art show, other persons under contract or otherwise; or disturb to be in any park, or in any parking lot within the in any manner any picnic, meeting, service, concert, park or adjacent to any park; exercise, activity, exhibition or gathering; P. Operate a food and/or shelter agency as de- J. Operate, fide or propel any skateboard or freed in Section 17.04.285. skates except in areas which may be specifically (Ord. 3823 § 1 (part), 1998). designated and posted for such uses; K. Assemble, collect or gather together in any 12.56.060 Use of restrooms. walk, passageway or in any other place set apart for No person over eight years of age shall enter or the travel of persons in or through any park or to use any toilet or restroom posted and designated for occupy the same so that free passage or use thereof the opposite sex. (Ord. 3823 § 1 (part), 1998). 417 (S~e~d 12.56.070---12.56.090 12.56.070 Activity requiring a use permit. 2. The event or activity is not open to the gener- The following activities are prohibited in all city al public; and parks unless a written permit from the director is 3. The event or activity does not require ampli- issued: fled speech, amplified music, sale or consumption A. To deliver, or announce or advertise the of alcoholic beverages or other special permits or delivery of a public address, sermon, oration or approvals. speech; B. Applications shall be filed with the director B. To operate any radio, tape player, tape re- on a form prescribed by the city not less than two corder, record player, television, compact disc player working days nor more than one hundred twenty or other similar sound equipment on or in any park, days prior to the proposed event or activity. or in any parking area or lot within any park, at (Ord. 3834 § 1, 1998: Ord. 3823 § 1 (part), 1998). such volume as permits the noise therefrom to be audible to any person of normal hearing sensitivity 12.56.090 Special events permit. more than fifty feet from said radio, tape player, A. Persons shall apply for a special event permit tape recorder, record player, television, compact disc when: player or other similar sound equipment; 1. The number of persons for whom the reserva- C. To possess any can or other receptacle con- tion is sought is in excess of three hundred; or taining any alcoholic beverage which has been 2. The event or activity is open to the general opened, or a seal broken, or the contents of which public; or have been partially removed; 3. The event or activity will have amplified D. The sale of alcoholic beverages; provided, speech, amplified music, permits for sale of alco- however, that sales of such beverages may be per- holic beverages or any other special permits or ap- mitred in a community park by nonprofit organiza- provals. tions in connection with special events pursuant to B. Special event permit applications shall be a permit granted therefor by the city manager or his filed with the director not less than fifteen working designee, days nor more than one hundred twenty days prior E. Power-drive and mechanical rides or other to the proposed event, activity or use of the park. such devices not furnished by the city are prohibited The director shall not waive the fifteen-day period; in the parks; provided, however, that such may be provided, however, when it is found to be in the permitted in a community park in connection with best interests of the administration of the parks, the special events pursuant to a permit granted therefor director may waive such period when the applicant by the director or designee. (Ord. 3823 § 1 (part), 1998). 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 may apply for a facility reservation when: 1. The number of persons for whom the reserva- tion is not in excess of three hundred; and (l~ake~field 9-98) 418 12.56.100--12.56.110 voluntarily waives the appeal rights given in this M. Whether the sale of alcoholic beverages is chapter, planned. (Ord. 3823 § 1 (part), 1998). (Ord. 3823 § 1 (part), 1998). 12.56.100 Special events permit--Appli. 12.56.110 Special events permit--Action cation--Contents, on application. The application for a special events permit re- A. The director shall grant, grant with condi- fen'ed to in Section 12.56.110 shall contain the tions, or deny the special use permit application on following: or before five days after the filing of the applica- A. Names, addresses and telephone numbers tion, unless the time for such action has been of the applicant, the sponsoring organization and waived by the applicant in writing. The decision person in charge of the proposed activity or event; shall be in writing and shall be mailed to the appli- B. The names, addresses and telephone num- cant to the address shown on the application or de- bers of all officers, if the applicant is an organized livered personally. group; B. Notwithstanding Section 12.56.120, the C. The name of the park and the area or areas director shall grant the special use permit applica- therein being applied for; tion when it complies with all provisions of this D. The date and starting and finishing time of chapter and with standards, guidelines and rules the activity or event; and regulations applicable to the parks; provided E. An estimate of the minimum and maxi- however, that the director may impose reasonable mum numbers of customers, spectators, partici- requirements and conditions concerning the use of pants and other persons expected to attend the ac- the park or area by the applicant consistent with all tivity or event; applicable laws and regulations. F. A description of any program, plans and C. Qualified persons or groups shall be as- ability to supply security protection, to provide or- signed to appropriate areas by the director and der, food, medical and first aid; shall be thereupon entitled to the use of the desig- G. Additional facilities or personnel re- nated area for the day and hour specified or until 'quested; such area is abandoned by such group during such H. The nature of the proposed activity or day. Such use shall be conditioned upon attaining event, including equipment to be brought into the and complying with all the permits and regulations park, nature and duration of. the use of such applicable to such area by the applicant and may be equipment, nature and duration of the use of any summarily revoked by the director upon any sub- amplified sound intended to be used, whether stantial violation thereof or as otherwise provided speech or music; herein. I. Whether any fund raising is to be accom- D. The director may grant the application for plished; a park or area other than that applied for in the J. Whether food or drink is proposed to be event that a permit has already been issued for said sold; park or area, or if the requested area does not meet K. Whether the event is open to the public; the needs of the applicant, or is otherwise unsuit- L. Such. other information pertinent to the able. In the event that more than one application is proposed use of the park as any officer of the city received for one park or area for use on the same finds necessary and requires in 'order to determine day, the director shall act upon the application first whether or not the permit should be granted, and, received. if granted, the conditions of such permit; (Ord. 3823 § 1 (part), 1998). 419 (Bakersfield 3-98) 12.56.120---12.56.140 12.56.120 Special events permit--Con. B. The policy or policies shall provide com- ditions for denial, mercial general liability insurance, including the The director shall deny an application for a broad form CGL endorsement, providing coverage special events permit if he or she finds that any of on an occurrence basis for bodily injury, including the following conditions exist: death, of one or more persons, property damage A. If the requested park, area or facility is be- and personal injury, with limits of not less than ing used or is reserved at the same time as applied one million dollars per occurrence. for; Unless the policy or policies of insurance are B. If the application reveals that the city has maintained in full force and effect, a permittee shall no park which will accommodate the activity or have no fights or privileges under such a permit. event of applicant pursuant to the standards and Such policy or policies shall be issued by a com- guidelines contained in a resolution adopted by the pany authorized in this state to issue such policies. city council; Permittee shall submit a certificate of proof con~ C. If the proposed activity or event is of a ceming his/her insurance coverage to the park di- size or nature that requires the diversion of so great rector. a number of police officers of the city to properly C. In addition, each permittee shall agree in, police the areas, as to hinder police protection of writing to keep and hold harmless the city from the city; any and all claims, demands, or causes of action D. If the applicant refuses to agree in writing which may be asserted, maintained, or established to comply with all conditions and requirements of against the city and/or any of its officers, agents, this chapter, with all regulations adopted pursuant or employees, for death, personal injury, or prop- thereto, and with all applicable law; erty damage suffered or claimed to have been suf- E. If the applicant fails to file a timely applica- fered by any person arising out of the use of the tion, unless waived by the director, and the appli- park. No permit shall be issued unless the permit- cant waives all rights of appeal; tee as an insured has procured, and unless he F. If the applicant fails to tender the full agrees to maintain in full force and effect during amount of any required fee, or deposit; the period of use covered by.his permit, a policy or G. If required insurance policy or certificate policies of public liability and property damage in- of such insurance coverage is not provided; surance naming the city as a co-insured. H. If the event is.for the purpose of advertis- D. The director may also require cash de- lng or for the sale of products or services for pti- posits, if deemed necessary. rate profit; (Ord. 3823 § 1 (part), 1998). I. If the event conflicts with any rules and regulations contained in this chapter, or local, 12.56.140 Use permits--ApplicationB state, or federal law; Generally. J. If the application is untruthful. Any person or entity desiring to have an activity (Ord. 3823 § 1 (part), 1998). set forth in Section 12.56.070 in a city park shall · - file for a use permit application with the director on 12.56.130 Special event permits--In- a form furnished by the city. Unless stated other- demnification and insurance, wise herein, such application, fully comPleted and A. Before an application for a special events signed, shah be filed at least fifteen working days permit is approved, proof of insurance specified but not more than one hundred twenty days prior below shall be submitted to the director, to the permitted use. The director may not waive the fifteen-day period unless the applicant waives (Bakersfield 3-98) 420 12.56.150---12.56.190 all appeal fights, set forth in this chapter. (Ord. 3823 fled speech may be obtained by filing an application § 1 (part), 1998). with the director as set forth in Section 12.56.180 and payment of any required fees therefor. 12.56.150 Use permits--Application-- B. When amplified music is planned, the event Contents. will.be considered open to the public and insurance A use permit application shall contain-the fol- pursuant to Section 12.56.130 is required. lowing: C. When the required permits are obtained, A. Names, addresses, and telephone numbers of amplified music may be allowed only in a commu- the applicant, the sponsoring organization, and the nity park, or neighborhood park with a permanent person in charge of the proposed activity or event; pavilion, and only between the hours of three p.m. B. The names of the park and the area or areas and sunset on weekdays and between nine a.m. and therein being applied for; sunset on Saturdays, Sundays and holidays. C. The date and starting and t-mishing time of D. The volume of sound for amplified music the amplified music, speech or sales; shall be controlled so that it will not be audible for D. The nature of the proposed activity; a distance in excess of one hundred fifty feet from E. An estimate of the minimum and maximum the exterior boundaries of the community park or number of customers, spectators or participants the reserved area in which such equipment is oper- expected to attend; ated and it is unlawful for any person in control .of F. For amplified music or sPeech permits: such equipment to permit or cause a violation of 1. The wattage to be used, and said limitation. 2. The maximum distance for which music will E. Permits for amplified music shall not be be heard from the sound equipment; issued when another event has been scheduled in the G. Such other information pertinent to the pro- same park and during the same hours that the equip- posed use of sound equipment or issuance of a ment is proposed to be operated. permit for sales of alcoholic beverages, as the dj- (Ord. 3823 § 1 (part), 1998). rector trmds necessary and requires in order to de- termine whether or not the use permit should be 12.56.180 Use permit--Amplified speech. granted, and if granted, the conditions of such use A. A use permit for amplified speech may be permit, obtained by filing an application with the director (Ord. 3823 § 1 (part), 1998). as set forth in Section 12.56.130 and payment of any required fees therefor. 12.56,160 Use permits--Application--Action B. Amplified speech shall not be audible beyond on. the boundaries of the area of the park where sound A. The director shall either approve, approve equipment is being operated. At ail times the opera- with conditions, or deny the application on or before tor shall keep the sound level at a reasonable level five working days after the filing of the application to avoid disturbing other people using the park. unless the time for such action has been waived by Operation of the equipment is prohibited entirely the applicant in writing, between the hours of nine p.m. and nine a.m. (Ord. 3823 § 1 (part), 1998). (Ord. 3823 § 1 (part), 1998). 12.56.170 Use permit--Amplified music. 12.56.190 Amplified music or amplified A. The use of amplified music in a city park speech--Exceptions. may be permitted pursuant to the issuance of a use Events or activities sponsored by the city or the permit under Section 12.56.150. A permit for ampli- 420- 12.56.200---12.56.230 director may use amplified speech or music in any It is unlawful to amplify any music or speech after city park without the need of'a use permit. (Ord. any person in the group is notified of revocation of 3823 § 1 (part), 1998). permit. C. The director or designee is authorized to 12.56.200 Use permit---Sale of alcoholic summarily revoke any use permit for alcoholic beverages, beverage sales or consumption if any person selling A. The sale of alcoholic beverages may be per- or in possession of an open container of an alcoholic mitted only in a community city park and only beverage fails to comply with the regulations issued pursuant to the issuance of a use pen'nit under Sec- with the use permit. tion 12.56.210. D. The director or designee is authorized to B. When the sale of alcoholic beverages is summarily revoke any use permit for upon a finding planned, insurance pursuant to Section 12.56.130 is that the permittee has or is substantially violating a required, condition of the permit. C. Permits for the sale of alcoholic beverages E. A revocation of any permit issued pursuant shall not be issued when another event has been to this chapter may result in refusal to issue a subse- scheduled in the same park during the same hours quent permit. that the sale is proposed to be held. (Ord. 3823 § 1 (Ord. 3823 § 1 (part), 1998). (part), 1998). 12.56.230 Appeal. 12.56.210 Use permittAIcoholic beverage A. The decision of the director on any appli- consumption permit, cation filed under this chapter, except for facility A. Any person twenty-one years of age or over reservations, may be appealed to the city manager. may apply for a use permit to consume alcohol in B. The applicant must file the appeal with the a city park. A permit for consumption of alcohol city manager within five days of the mailing or de- may be obtained by f'fling an application with the livery of such decision. director and payment of any required fees therefor. C. The city manager shall hold a hearing within Such application, fully completed and signed, must three days of the filing of such appeal at his office, be fried no less than forty-eight hours prior to the at which hearing the applicant may present any time of the proposed function. Application shall be evidence, testimony and information relevant to the made on weekdays between the hours of eight a.m. application. and five p.m. D. The city manager may, within twenty-four B. Use permits for alcoholic beverage consump- hours after the conclusion thereof, issue a decision tion shall be valid for a one-day period only. either affmning the denial of the application or ali- (Ord. 3834 § 2, 1998: Ord. 3823 § 1 (part), 1998). recting the director to issue a permit as applied for 12.56.220 Revocation of permits. A. The director is authorized to summarily re- voke any use permit for amplified music or speech whenever such amplified music or speech is reason- ably determined to be obscene or slanderous or invite obscene conduct from spectators. B. The director or designee is authorized to summarily revoke any use permit for amplified music or speech whenever it is reasonably deter- mined that the sound is in excess of that permitted. 9-98) 420-2 12.56.240--12.56.250 or upon such conditions as are reasonable under all two other operators are then located may not locate -' the circumstances, in accordance with this chapter, his vehicle in that park until one of the preceding The decision of the city manager shall be final and vehicles has left; no such operator shall sell food conclusive. The city manager shall specify the or beverages in any park at any time any organiza- grounds for denial or the imposition of conditions, tion is conducting sales of food or beverage in that (Ord. 3823 § 1 (part), 1998). park pursuant to subsection A of this section; 4. The operator has a city business license 12.56.240 Sales and fees-Regulations, and has obtained a permit from the community A.- Except as provided in subsections B and C services manager or his designee; such permit shall of this section, only charitable or nonprofit organi- be posted on the vehicle so as to be visible to the zations which have tax-exempt status through the public and shall be. for a period of one year, shall Internal Revenue Service or the State Franchise require payment of a permit fee of fifty dollars per Tax Board are permitted to conduct sales, collect ' vehicle and additional twenty-five dollars for each fees, or otherwise .solicit funds in city parks and park in which such Vehicle may operate, and shall then only under the following conditions; set forth rules and regulations applicable thereto, 1. A special events permit is granted and a including a requirement for liability insurance city business license is obtained; coverage and for keeping the area within a fifty- 2. Sale of food, drink, or clothing must also foot radius of the vehicle clear of all litter, violation be approved by the Kern County health depart- of which shall be grounds for revocation of such ment; a form will be furnished by the city and it permit by the community services manager or his shall be the applicant's responsibility to obtain designee. Any permittee whose permit is revoked health department approval and provide a copy of may appeal such revocation to the city council pur- same to the director, suant to the procedure set forth in the' rules and B. Operators of permanent concession stands regulations.' in city parks may, pursuant to written contracts (Ord. 3823 § 1 (part), 1998). with the city, sell foods and beverages in city parks. 12.86.250 Entering park~Compliance C. Notwithstanding Chapter 5.45 of this with chapter provisions re- code, an operator of a wagon, pushcart, portable quired. concession stand or other mobile vehicle No person shall enter, be, or remain in any park (hereinafter "vehicle") may sell food and beverages unless he or she complies with the regulations set (except any alcoholic beverage) in city parks pro- forth in this chapter. (Ord. 3823 § I (part), 1998). vided each of the following conditions is satisfied: 1. Such sales are conducted only in city - parks without permanent concession stands; 2. The operator's vehicle is stationed in an approved off-street paved area of a park designated for such use by the community services manager or his designee (no sales from curbside on public streets are permitted); 3. Not more than two such vehicles are pre- sent in any park at the same time and no operator may have more than one vehicle in any park at the same time; an operator arriving at a park in which 420-3 (Bake~ficld 3-98)