HomeMy WebLinkAboutORD NO 4008ORDINANCE NO. '~= 0 0 8
AN ORDINANCE AMENDING SECTION
12.44.031 OF CHAPTER 12.44 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING
TO BUSINESS USE OF SIDEWALKS.
WHEREAS, Section 12.44.031(I) authorizes the City Manager to annually review
the number of special permits issued for downtown promotions to determine whether the
maximum number of permits granted annually shall be increased or decreased; and
WHEREAS, the Downtown Business and Property Owners' Association (formerly
known as the "Downtown Business Association") and local produce marketers would like
to hold weekly "Farmer's Markets" in the downtown area; and
WHEREAS, the Downtown Business and Property Owners' Association desires to
expand the location of open-air markets to include the sidewalk area located on the west
side of Chester Avenue between Wall Street and 18th Street; and
WHEREAS, affected merchants on Chester Avenue have consented to such use
of the sidewalks fronting their businesses; and
WHEREAS, several sections of Section 12.44.031 contain typographical errors and
internal inconsistencies.
THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as
follows:
SECTION 1.
Section 12.44.031 of the Bakersfield Municipal Code to read as follows:
12.44.031 Special permits for downtown promotions.
A. The Downtown Business and Properly Owners' Association, upon application
to the City Manager, may obtain a permit to allow the sale and display of merchandise
upon streets and sidewalks within the area bounded by Truxtun Avenue on the south, "H"
Street on the west, 22nd Street on the north, "M" Street on the east.
B. Application for said permit shall be filed at least twenty (20) calendar days before
the planned event and shall indicate the streets that the Downtown Business and Property
Page 1 of 4
Owners' Association requests to be closed and the period of time of closure; and at least
fourteen (14) calendar days before the event, the applicant shall provide the names of the
persons, organizations and/or businesses that will be participating in any sale or promotion,
and proof of insurance in the amount of $1,000,000, naming the City as an additional
insured. In addition, the Downtown Business and Property Owners' Association shall be
responsible for all costs incurred by the City in connection with the street closures.
C. The City Manager shall review the application for such permit and may deny the
permit or impose restrictions and conditions that he deems appropriate to create the least
disruption of vehicular and pedestrian traffic within the downtown area, and to establish the
charges for the necessary City services.
D. A maximum of twelve (12) permits may be issued in any calendar year, provided,
that no more than two permits may be issued in any calendar month. No permit shall be
valid for a period in excess of eight hours.
E. The Downtown Business and Property Owners' Association, upon application
to the city manager, may obtain a permit to allow open-air markets in the downtown area.
These open-air markets may only be conducted on Wall Street bounded by Chester
Avenue on the east and "H" Street on the west. Additionally, a portion of Eye Street from
19th Street to the exit of the 18th and Eye Street parking structure may be utilized, as well
as the sidewalk located on the west side of Chester Avenue between Wall Street and 18~h
Street.
F. Application for said permit shall be filed at least twenty (20) calendar days
before the planned event and shall indicate which blocks of Wall Street and/or Eye Street
that the Downtown Business and Property Owners' Association requests to be closed and
the period of time of closure; and at least fourteen (14) calendar days before the event, the
applicant shall provide the names of the persons, organizations and/or businesses that will
be participating in the open-air market and proof of insurance in the amount of
$1,000,000, naming the city as an additional insured. In addition, the Downtown Business
and Property Owners' Association shall be responsible for all costs incurred by the city in
connection with the street closures. Additionally, Farmers' Markets must be certified bythe
Kern County Agricultural Commissioner as such, and must provide proof of the certification
with the application.
G. The city manager shall review the application for such permit and may deny the
permit or impose restrictions and conditions that he deems appropriate to create the least
disruption of vehicular and pedestrian traffic within the downtown area, and to establish the
charges for the necessary city services.
H. A maximum of fifty-two (52) permits may be issued in any calendar year,
provided that no more than one open-air market will occur in any one week. No open-air
market event may last more than eight hours.
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I. The city manager will review this section 12.44.031 annually to determine
whether the number of permits authorized under subsections 12.44.031D. and H. shall be
adjusted up or down.
SECTION 2.
This Ordinance shall be posted in accordance with the provisions of the Bakersfield
Municipal Code and shall become effective thirty (30) days from and after the date of its
passage.
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I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on JUN 1 $ 'zuu! by the
following vote:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNClLMEMBER
COUNCILMEMBER
COUNCILMEMBER
CITY CLERK and EX OFFICf~O of the
Council of the City of Bakersffield
APPROVED:
By:
JUN 13 tOOl
HARVEY L. HALL, Mayp~r
CITY OF BAKERSFIELD
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
~ JANICE ~CANLAN
Deputy City Attorney
JS
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 14th day of June , 2001 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4008 , passed by the
Bakersfield City Council at a meeting held on the 13th day of June 2001 and
entitled:
AN ORDINANCE AMENDING SECTION 12.44.031 OF
CHAPTER 12.44 OF THE BAKERSFIELD MUNICIPAL
CODE RELATING TO BUSINESS USE OF SIDEWALKS.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
D E PU'~'- ~ity Clerk
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June 14, 2001