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Home My WebLink About05/20/1999 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, May 20, 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 FEB 18, 1999 AGENDA SUMMARY REPORT 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS A.' AMPLIFIED SOUND ORDINANCE 6. NEW BUSINESS A. BASIC SAFETY PROVISIONS FOR Y2K B. PLANNING COMMISSION PROCEDURES/APPOINTMENTS SURVEY 7. ADJOURNMENT TS:jp DRAFT BAKERSFIELD David Couch, Chair Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Regular Meeting Thursday, February 18, 1999 1:30 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 1:40 p.m. Members present: Councilmember David Couch, Chair Councilmember Patricia DeMond Councilmember Sullivan arrived at 1:52 p.m. 2. ADOPT SEPTEMBER 17, 1998 AGENDA SUMMARY REPORT Adopted as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS None D AFT Agenda Summary Report Legislative and Litigation Committee February 18, 1999 Page.-2- Items 6.C. and 6.D. were brought forward on the agenda to address first. A brief recess was called at 1:48 p.m. The meeting was resumed at 1:52 p.m. upon Councilmember Sullivan's arrival, and items 5.A., 6.A. and 6.B. were discussed. ~$. DEFERRED BUSINESS A. TOBACCO SELF-SERVICE DISPLAY BAN UPDATE Deputy City Attorney Virginia Gennaro briefly explained what had occurred since the last meeting. She indicated the resolution encouraging a voluntary ban had been sent to Council and approved. The City Attorney's Office had been directed to draft an ordinance mandating serf-service display bans for committee review, and research was continuing. 6. .NEW BUSINESS A. AMPLIFIED SOUND ORDINANCE City Attorney Bart Thiltgen explained concerns over the registration period of the existing ordinance. City Treasurer Bill Descary explained the fee of $28 per registration identifies the time specified with the registration (single event). Mr. Paul Anderson, Andy Noise, indicated there was selective enforcement regarding the amplified music ordinance, mentioning the Marketplace was not shut down as he had been by the Police. He would like a permit and the selective enforcement to end. Staff answered questions from Committee members Couch, DeMond and Sullivan regarding lengths of time per registration, commercial vs. non-commercial amplified sound, differences in amplified sound downtown, in the downtown redevelopment area, and at the Marketplace, whether decibel levels could be monitored, sound carrying distance constraints, time constraints on registrations, restrictions for different zones, and whether more than one ordinance might be needed. The City Attorney was directed to review the concerns expressed and return to the committee with recommendations. DRAFT Agenda Summary Report Legislative and Litigation Committee February 18, 1999 Page -3- B. REVIEW OF PETITION TO MODIFY BAKERSFIELD MUNICIPAL CODE, CHAPTER 10.40, REMOVAL OF VEHICLES, RELATING TO PARKING FOR BOATS, CAMPERS, ETC. Chairperson David Couch asked Mr. Allen West to explain his concerns over the existing ordinance and the reason for the petition. Mr. West felt a stricter ordinance would assist in eliminating a problem the neighborhood had with a neighbor Who continually parked his recreational vehicle on the road. He felt this downgraded the value of his property and wanted the time allowed to be reduced. Police Lt. Alan Zachary indicated that statistics show the great majority .of recreational vehicle owners comply with the restriction of parking no longer than 72 hours on a public street. Occasionally, an individual would not comply even after two warnings. The Police Department can have the vehicle towed, and impound and storage costs are then charged to the owner. Councilmember DeMond indicated she had difficulty in passing additional laws to make people act responsibility. Councilmember Sullivan indicated there needed to be a way to protect a neighborhood when there is a record of violations. City Attorney Bart Thiltgen explained the 72-hour limitation was reflective of state law and if the time frame were reduced, it would be hard to survive an equal protection challenge. The CC&Rs that neighborhoods create during the development stage are enforced by their homeowners associations and not the Bakersfield Police Department. After discussion, Chairperson Couch suggested a letter be written to the offending neighbor indicating the parking of his vehicle had been brought to the City's attention and there was concern. The City Attorney will draft the letter for the traffic lieutenant to sign and send out. The letter would be as generic as possible so that it could be reused in similar cases in the future. The address of the offending person was presented. The letter will be sent to the individual as well as a copy to the owner of the property on which the recreational vehicle is located. Mr. West was pleased the letter would be sent, and thanked the committee for its help. DRAFT Agenda Summary Report Legislative and Litigation Committee February 18, 1999 Page -4, C. 1999 LEGISLATIVE PLATFORM The committee reviewed changes proposed in the draft 1999 Legislative Platform handout. Administrative Analyst Trudy Slater explained the 1998 Legislative Platform had been forwarded to the Mayor, Council and Department Heads asking them to identify current legislative concerns. Suggestions included: support legislation which fosters mutually acceptable methods for cities and counties and other public agencies to work together to solve issues of local concern; oppose legislation which increases the cost of or endangers the clean, reliable source of water available to the City from the Kern River; support legislation which consolidates special districts with overlapping jurisdictions and/or responsibilities where such consolidation is clearly of benefit to the City; and support legislation which enhances the City's ability to fund its capital infrastructure needs. Councilmember DeMond moved to adopt the proposed changes, with Councilmember Couch seconding the motion. Staff was directed to forward the. proposed 1999 Legislative Platform to the City Council for approval. D. SET LEGISLATIVE AND LITIGATION CALENDAR The proposed 1999 calendar setting Legislative and Litigation Committee meetings on the third Thursday of each month at 1:30 p.m. was approved. Meetings are scheduled for March 18, April 15, May 20, June 17, July 15, August 19, September 16, October 21, November 18, and December 16. 7. ADJOURNMENT The meeting adjourned at 2:55 p.m. Staff Attendees: Administrative Analyst Trudy Slater; City Attorney Bart Thiltgen; Deputy City Attorney Virginia Gennaro; Police Captain Bill Rector; Police Lt. Alan Zachary; City Treasurer Bill Descary; Development Services Director Jack Hardisty Other Attendees: Allen West; Helen West; Paul Anderson; Tammy Brown; Richard Chang (P:~L&L~I..990218.MIN) LEGISLATIVE AND LITIGATION COMMITTEE CALENDAR 1999 ADOPTED SCHEDULE Legislative & Litigation Committee Meetings ~ Council Meetings (7 p.m.) 1:30 p.m., City Manager's Conference Room Workshops/Closed sessions (5:15 p.m.) Holidays O Hearings 6/16, 6/30/99 ~} 7:00P.M. Mondays at noon; Wednesdays at 5:15 p.m. (Info as of 11-18-98; Res. 144-98) JANUARY FEBRUARY MARCH S M T W TH F S S M T W TH F S S M T W TH F S 2 1 2 3 4 5 6 1 2 3 4 5 6 3 4 5 6 7 8 9 7 8 9 ~-'~--1213 7 8 9 1011 12 i3 10 11 12 ~-~ 14 15 16 14 iD 16 ' 171~-~19 20 14 15 16 [~~19 20 17 ~ 19 20 21 22 23 21 22 23 ~ 25 26 27 21 22 23 24 25 26 27 24 25 26 ~-~ 28 29 30 28 28 29 30 ~-~ 31 APRIL MAY JUNE S M T W 'TH F S S M T W TH F S S M T W TH F S I 2 3 I 1 2 3 4 5 4 5 6 7 8 9 10 2 3 4 5 6 7 8 6 7 8 9 10 11 12 :30 :~ JULY AUGUST SEPTEMBER S M T W TH F S S M T W TH F S S M T W TH F S I 2 3 1 2 3 4 4 .~ 6 7 8 9 10 1 2 3 4 5 6 7 5 ~ 7 ~ 9 10 11 11 12 13 114,_~--~ 16 17 8 9 10 [-~ 12 13 14 12 13 14'15~ 16 11~7 ~8 25 26 27 28 29 30 31 22 23 24 I 25 I 26 27 28 26 27 28 29 30 29 30 31 OCTOBER NOVEMBER DECEMBER S M T W TH F S S M T W TH F S S M T W TH F S 1 2 I 2 ~.5_ 6 I 2 3 4 3 4 5 ~--~ 7 8 9 7 8 9'~u¥~, lZ 13 5 6 7 8 9 1011 1011 12 13 141516 1415 16117117 IF'~I ' 1920 121314 ~--~'~=~1718 17 18 19 120 t~'~122 23 21 22 23 24 ~ 27 19 20 21 ~ 2,5 24 25 ~S .27 2S 29 30 25 29 30 25 27 25 29 30 ~ (p:~l&N&lca199.wb2) Appmve~ at Committee meeting of February 18, 1999. 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 AND AMPLIFIED SOUND). BE IT ORDAINED by the Council of the City SECTION 1 Chapter 9.22 of the Bakersfield Municipal ~by repeah irety. SECTION 2. Chapter 9.24 of the Bakersfield Munit in its entirety. Chapter 9.22 of the enacted to read as follows: 9.22 ~ ~ONTRO~PLIFIED SOUND Article I~'General Prov~ · '9.22:01-011~'-p-Urpose, ~ 9,24~-143 '9':~:'020i~)efin~ 9,22.040 Exemptions.~ ~9.22.050~During Construction. 9.22,060.. ~J~essment of service fee. ~9.22::070 Other remedies. Article II ~Amplifi'~d Sound ~ ~ 9.22.080 purPOSe. .22.090 Nc~ccmm=:c!a! ,,:'== Registration and information required. Xemptions~ . . ~ '9.22.110.~c'..:.ccm..m.=rc!=! ',:'=,,. Registration statement amendment. ~ 9.22.120 .Nc.-.ccm..m=rcl=! ',:'=.,,Registration copies and display. ~ 9.22.130'.Nc.-.ccmm...:c!=! ",:'=,,,Regulations for use. 9~M)60 a.2')'14n 'r,,,,.,,,,,,,,,,,;.,: ,,,,,, D,,,k;I.,;,,, . ' ':Fom'ai ' ' ,,...,..,:. ................... -... ......... d Amplification:: .:. rcraff Page 1 of 10 prohibited. ~ 9.22.150 A.-,,,,im,,,,.;,,. ~,,,.,, .,.. .... ~* .-.',-~,-,;.~,~ .... r ......................... ., ......... -..,--,,~,,,.,,~u sound from vehicles. ~-~M)80 9.22.160n...,,....,.,.A"'"~:*~"'~ cCU.".d *'""'...-... ':ch~cloc. Revocation. Rese~u~.. 9.22.170 Appeal. 9.22.180 Severability. Article I. General Provisions. 9.22.010 Purpose. The City Council declares and finds that excessive, unnecessar~ and annoying noise leVels are detrimental to the public health, welfare a'r~d safety_ ar{'d ~r-a~' to'the public interest as follows: ~, ~ . . A. By interfering with the comfortable enjoyment of life,..the full use and e~ment of ~ property~ and with the condUct and operation of buSiness and induStrY'; ... B.- By contributing to hearing impairment and a w~-~ of adverse physiological and psYchol(~giCal.stress conditi0.nS; and ~ ~ i ~-~;.-~.. C, .'By adver%lyaffectingthe 'value'of real property. ~ ., .'. :!It iS:the intent of'this chapter'ito~i.0t~.Persons ~rOr~ ex~ssive:!ev..bi~i~fl n. ois~i~a~d the follOWing:regUlations areenactedfor:t .~~ · 24,0-10 9.22.020.' Definitions. ':'~'~:"F"' *h'" ,:,;,mc,-c Of th!'- ch",-t~r :l~e follo~a wor~. ~nhr~-'---,'~;;;;~;i~;?;~';:~-~?~'': :~'' "'" · ':. :..'": ." ~', ~'" " '*,' "'--,"'~ '-'"",~',,~ ..,,,,m, -,,,:,P,,,,=o=o,~,u:.,:,,~ us used m ;n;s chapter shall have the following me .... !cd !., th;c ccc!ion. ......,, ...... ~ :.~ .... ~ .'~ng~cd!r. th!.. . . · ; ...A..' Amplified sound,':.;means 'anY!i SOUnd ' Created .by. the .use~'ofl;;i~und~a'mplifying eqUipment, '. , I~' ~ ~' .......... ~ B..~Qntral trafficz~ ~ mean~~j~of the city defined as such by Chapter 10.08 o~er ord~ ~reafte~ by the city. ~ "~~"~ ~Uit;A~A'~' ;;~",'l,C *,hz ',J'~o o'"o'3!;or, "': ,,~,";,,~,,,,'-,,,-,- O'"U:",'TI,,C,'q,~~.A."L".O',?.O ~ ~:,,q,,', ".,q,, ~ ...... .-..- ......,....,.,4 ....... , ~~- , ~-' · ~ , -- , , ........... O .... "~kr ~' u ..................... r .................... ~ ,.., , ,, ~-~a,aa ~-~s;~ ~-=~ ~ ' '· I"' .... , ...... ~ ............... ~t, cxh b:t:c"~:cn~ ~ ,, :chcmc o' r''m'' ", ~,,, ,~,,, ,-,,,,,-,,,,-,, ,,~ ,~,,,,,,,,,,-,,,,,;,,,, ,,,,,, '~'~j~;"" , ~'~:~ ...... · , ,.*,,,,.., v, ,,.., ,,,,., I..,.,,t..v..,,.~ v, ,.,,.,, , ,,,., ,,,,,,, ,.,,,,, ,~ ,~,,] /,,{~ ' ................. M~.-¥.. ................. , ..~. ............................... , ...... ~"--;?'~'.'/~.~ ~'J_";_~'_' '.~L;;. ~' -~ '~'.-', ,.,--,.7,-,,. ~'~.' ~'"".T "" '~"'. .... ':'. :'' "'~.'~"~'"~'X.':..~ ~" ~' '"'. '" ',~' .... -' ~,. ~,.uns[ruct~on?meansanY. s~!e, preparanon, assembly, emction;.:SUbStantial:mpair, ai{~ration, de'molitior~"~)r similar'acti0n;' for. or of private or pUblic rights-0f:way;strUCtUreS, utilities Or'similar prOperty' andinc!udes'the transportation:or delivery 'of any. materials, t~)~ls;"~ii]ip~i~ht"0r personnel, to or from. the site of any construCtion. Project for the loading or unloading or use of such'materials, tools, equipment or personnel. :: ::ii'-D.:."Emergency work"-meanswO[kmade necessary to mstore.PrOpertyto a. safe C0i~diti~n..f°lloWing 'a!Public: cai'~ami~;i!W~)rklreqUired to prOtect _perSor~S 0i(pr~)pe~: frOm exposure, to:: danger;/.~ ~wb;~by:!~i~t~:..:0;Pub!iCuti!ities w~en x~st~-ri~g iii~!li~:. E::!~,Pers°n~'meansanyiadi~/!dUAI;i~a~S'~iationi'partnership ~i~rati~n a'nd i~C!udes Page 2 of 10 any officer, employee, department, agency or instrumentality of a state or any political subdivision of a state. 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, p ic address system, sound amplifier, radio or phonograph equipped with a or sound amplifier, or any machine or device for the amplification or re )f the human voice, music or any other sound, when operated or a manner as to cause any such sound to be audible to a person of or in, on or over any public right-of-way, public buildi park o~ private premises or vehicle other than that in or ce is being operated or maintained. It does not of ar ress system, loudspeaker or other machine or necessary a~ or reproduction of sound in connection with any pro! rtainment, contest, public celebration, performance, show, exhibit or simila volume no louder than necessary for the convenient hearing of those Jure or space in which such program, entertainment, cele ~rformance, show, exhibition or similar event is staged or con, radio receiving set, musical instrument, phonograph or for the produc!ng or reproducing of sound with a volume ,r the convenient hearing of the person or persons who are /ehicle, chamber, space or location in which such machine ~d are voluntary listeners thereto; or warning device on autho or horns or other authorized emergency vehicles or horns ing devices on any vehicle used for traffic E-=. I, ~g mounted thereon, or attached thereto, any H of this section. A. It to willfully make or continue, or allow to be made or noise which disturbs the peace or quiet of any neigh 3od or wh discomfort or annoyance to persons residing within one d feet of the r ~rce. The standards may be considered in determining whether a violation of the ~ns of this n exists may include, but are not limited to the following: The level noise; intensity of any background noise; ty of the noise to residential sleeping facilities; Jre and zoning of the area within which the noise occurs; 5. density 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. Page 3 of 10 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 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 t.his chapter: A. The emission of sOUnd for the purpose of alerting person_s~to.t~e existence of an emergency or the emission of sound in the performance of emerge~cY_~S is exempt for as long a period of time as iSneceSSaryto constitute'~"~dequate alerting of personsto ti~e exiStence °f the emergencY0r.the emergency worki[ ... B? Warning devices 'for the. protection of the public safety, as for example, police, fire, ambulance, commercial? residential and vehicle al~i~ii.'~ev!ces, and train ii(~ri~'i c,'... All mechanical de~iCes, ~r..a. tus .or equipme.nt..~w~hi.~h~.a~re uti!ized!ifor .the protection or salvage'of agdcultuml:croPs~idUringthe.Periods'of' potential'oractual'or.froSt ~damage or other adverse.weather COnditi6~s0r~0~thercrop s0~i:CeS;. ¢J~2.,92~ 9~22,050 Noise during A. Except as provided herein or in s section, it is unlawful for any person, firm or corporation repair any building, or to grade or excavate land, streets or h ~n the hours of six a.m. and nine p.m. on weekdays, and ,m. an( ine p.m. on weekends; provided, however, that city crews and th )rs performing street work between nine p.m. and six a.m. are engineer has directed that work be performed ~tween sucl traffic congestion. B. s chapter, if the city manager determines that II not ~mpaired by the erection, demolition, alteration or repair ng and grading of land, streets or highways between the hours and if he/she further determines that loss or inconvenien~ in interest by virtue of the requirements provided in subse a permit for such work to be done between the hours of nin~ ]. and six being made at the time the permit for the work is ed or during t of the work. Such permit may be granted for a period exceed three ~nd may be extended by the city manager for a period not to three days. The provisi this section shall not apply to any work of construction performed more from the nearest residential dwelling. D~'..Theprovisionsof thiSls~iOn shall not applyto performance of.emergenCy.work as defined i~n. this chapter,. Page 4 of 10 ~ 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 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 c0.mm0n, law or statutory cause of.action,Or legal remedy therefrom, of an~[ers, on/ufor' ' ng from. any violation of this ordinance'; ===..=.ry' Articl· II..iAmPlifiedsoUnd. 9.22~080 .purpOSe; The city counci/enacts~this article for. the SOle purpOseof securing and~Promoting ~the pUblic health, ic°mf0rti*: safety and Welfare o!.~i.~il..~it_i~e~ry. Wi~i!~-__~gniz.ing ~th.at.the Use of S0Uhd-a~l~ingeqUipment js~protected.by:.the COnstitutional rightS' of :freedomof aseqf;sou~i.-.amPli~i.ngequipment:~i[n~iiorder i~P~o~t.~i:i~:Constituti~na!' ;irjghtS.::ot, ;the ~ .9'22'090 ~c.".qc. ~'"~..'c,=! = R~tration and information required. No per~i~,, other..than'Personnel of law enforcement or governmental agencies, shall operate~ll~in, °r~i~ow or~ be operated or maintained any sound equip~ncc.,~Jrpcsc in the city before filing a registration statement in writing ~~.ty ma'i~l~~ form to be provided by said city manager or designee. S~ent s~i~~led in duplicate and shall contain the following information.,{4;~~ ~ ...... A.. N~,~~d telephone, nUmber of:~, 1.'~istmnt; ~ 2:-~:ii~Th'e oWner 0fthesqund equiPment; ............. ~3.~'.;;~eperson. m~d,mCt charge of the. sound equ pment; and ~B; A general description of the sound equipment which is to be used; *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 5 of 10 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; H~.D. A general statement of the purpose for which such sound equipment is to be .used; ~.E. The proposed hours of operation of such sound equipment; &F. The dates of proposed op. eration of such sound equipment; thc ~""'""'~""' G. The applicant shall ~y a fee not to eXCeed the'cost of. pr~essing any such ~li~tion. as. set fodh~ in ~ChaCer 3.70. ,, ~e following :actiVities shal/be'exempted from. the proviSionS of this oh~ter': ~;J;..A. J~heemi~siO";:of;sound:for;t~ePU;~S~;;~j~;~f~'~ing pers~%th~ex!~ten~;of~a~ as bnga ~d~; ofiime.'as is:n~ss~;to':~nstitdt~~t~'.~.ie~ing 0[~m6h~ t~the existenCe°f~the~;:'e~ergency"0¢~;~e;;6~6rgencYTWO~; ~ ;:~:. :' 8.'~':w~ing.devi~s for:theprst~tion=;df~e public.~fe~, as ~for. ex~le-;;~lice, fire, ambulant,, com~e~ciai?eside~-~i;and'.~-~icle aiar~- deVices; and train ~ms; ';~'. c. All m~hani~ldeVi~s,.'~atus~0'r.e~uip~'~t ~ichar~'utiliZ~;foF~e ~ote~ion Or ~lvage P~_.agHCultural ~_~.auring th~..'~q~S ;~f ~tentia! o~ actual'°r fr0St d~mage other adverse weather conditions.or °th~rop sOurces. ~~ gistration statement amendment. All or causing, allowing or permi~ing to ~ operated or maintaim t ~- c .......... ;~ ........shall amend any to this section within fody-eight hours a~er any change in the egistration copies and display. on the registration statement demonstrates that the proposed stent with the regulations in Sect!c,-, 9.24.050 thiSchapter, the city or his/her:designee shall return to each registrant,,-,~,',- ~,,',;~,,, a ,~,~ non one istration statement duly certified by-him as a correct copy of said 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. Page 6 of 10 ~ 9.22.130 .u,c.-.ccmm=r-,,~:~ u== · Regulations for use. The operation or maintenance of sound equipment fcr ncnccmmcrc!c! purpcccc shall be subject to the following regulations: A. Only music and human speech are permitted. B. Operations are permitted only between the hours of nine a.m. and six p.m., of each day; except, that sound equipment operating from a fixed location on private premises included in a commercial or industrial zone by the provisions of Title 17 m operated between the hours of nine a.m. and ten p.m. of any day. C. Sound equipment shall not be operated within one 1. Any hospital; 2. Any school, except after school hours and or in sessi, and when said school is not being used for the pu~ of a 3. Any church, except when the same is or classes; 4. The City Hall or Kern County Courthouses, five p.m. o~ days or on weekends or legal holidays; 5. Any mortuary or cemetery, when services D. No sound truck or sound equipment sh~ aintained within the central traffic district, except that the city cou~a installation and operation of a stationary sound equipm~ buildi the reproduction or amplification of music or bell to intervals and for a stated period each time, duringd~ p.m., upon compliance with all other provisions of this .reto; and, provided further, that the volume of sound shall ill not be audible for a distance of more than six hundred feet of r~ of said sound equipment; and, provided further, that said any time by the city council, upon th lent is a nuisance to the surrounding ~e reasonable and comfortable enjoyment of life ng or wor g in the neighborhood of said equipment. E. T so that it will not be audible for a distance in excess of exterior boundaries of the premises upon which said sound d so that said volume is not unreasonably loud, raucous. ~sance. F. any I public address system, sound amplifier, radio or equipped ~dspeaker, jukebox, or any other machine or device for the ication or of the human voice, music or any other sound is so arranged, or equi that it can be heard both inside and outside of the building or th is maintained, and said machine or device is operated at times which the operation of sound equipment is permitted under the :hapter, then such machine or device shall be equipped with a control s nside such building or premises, in such a manner that all speakers located ;uch building or premises can be turned off at times when the operation of sound equipment is prohibited by this chapter. · Prch'b!t=d Page 7 of 10 ~ g.~.'140 Amplification from aircrat~' No person shall operate, or cause, allow to I~ aircrat~ for any purpose in or over the city from which any ent is )perated with volume sufficiently loud to ~ audible to a ies or capacity in or on any private premises in said city. ~,24~08g-9. 22.150 Amplified Except as otherwise person shall use or operate or permit to be used or o recorder, compact disc player, or any similar in or r moving, stopped or parked, occupied or unoc, hearing sensitivity more than fifty feet vehic ~t located on a public street, so audible more than the property on which said vehicle is located. This section shall by Vehicle Code Section 27007 after the effective date of such being operated to request assistance or to wam of a ~orized emergency vehicle or vehicles operated by gas, utilities. 9:22;160.' .Revocation, ~Y i~rmit_...issued P~rsuant t°i. ltbj~ch'apter'imaY be imme.diately'i~eyqk~:ib~:i,.t~ City m_,apager Or his/her designee :whene~erlhe/she.finds: ~',i' ¥~h'~'-~Jse:or misleading .statement(s) were made on the appliCation;or Page 8 of 10 B. That the applicant has done any act related to the application involving dishonesty, fraud, or deceit with the intent to substantially benefit himself or another, or substantially injure another; or C. That the permit holder has violated any provision of this ordinance or any other applicable law; or D. That any of the terms or conditions of said permit have been violated. 9,22.170 Appeal. 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,.t_hen, s.a!d aPplicantimay, no later than ten days after notice of such decision is deposited in the.United States 'mail, addressed to the appliCant 0r permittee'at the addre~"prOvided written objection to the city council setting forth the grounds for dissatiSfaCtion, iwhemUpon the council'shall, hear:said objectionSat'a regular meeting no later th, anlthlree.,.weeks following'the filing of: 'the' objection ~ withthe'' city: cler~i'.¥h'~ ~p_~licant Sha!l.~'i'~'~written notice no less .than three days prior: tO. ~aid hearing'.~-h~-~uncil maY; u~0n~:~id'lie~aring; Sustain, Suspend', or iOVerrule the decis!%i,.of~the cit_~'.'~~i~e!; decisiOn.shall be final, and c0nciusi~/e;~ B:: Pending ~the. ~??ng. beforei~!:~Cil~: designee:'Shall ~em~in'.ii~..fu~!.f0r~e ~'~a:~i~ff~c~":~d Shallnot be. retr0activebut Sh'al!:i, lta~6 !e~ff~{i~":~; {1~ '.: If any provision, of this ChaPter.'or th~['~lication there(~fiO is held invalid, that invaliditYShaii no{affect given effect withOutthe !nvaii~i~/~ovisiO.n~..'~i~.apP!i~{i~)n, and~'itothat'endlthe proviSi6ns of this act are severable..~: Ord, 3866.§l~.(Part),1998.) .......... ooOOOoo .......... Page 9 of 10 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 , by the following vote: AYES: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO NOES: COUNClLMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CITY CLER the Council of of APPROVED: BOB PRICE, MAYOR CITY OF BAKERSFIELD APPROVED AS TO FORM: BART J. THILTGEN CITY ATTORNEY By:, M MGA:Isc Page 10 of 10