Loading...
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. Page 2 of 4 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. Page 3 of 4 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 S:\COUNCIL\Ords\openairexpansion.wpd Page 4 of 4 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 S:\Document\FORMS~AOP,ORD.wpd June 14, 2001