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HomeMy WebLinkAboutORD NO 4614 ORDINANCE NO. 4' 6 1 4 ORDINANCE AMENDING CHAPTER 10.80 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO KERN RIVER BICYCLE TRAIL. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 10.80 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 10.80 KERN RIVER TRAIL 10.80.010 Definitions. For purposes of this chapter, the following words shall have the meanings as set forth in this section: A. "Bicycle" means a device upon which any person may ride, propelled exclusively by human power through a belt, chain or gears and having either two or three rubber-clad wheels in a tandem or tricycle arrangement. B. The "Kern River Trail" refers to that area in the city, originally delineated and described in the Alignment Plat dated April 10, 1975, as amended, identified as 6-11 a Cal.St.Bak. Col. M-l, Field Book 1004, Page 1, on file in the offices of the county surveyor of Kern County, California, and includes any subsequent trail expansion, hereinafter referred to as the Kern River Trail. 10.80.020 Who may use the trails. The Kern River Trail shall be used by those members of the public riding bicycles, and other non-motorized modes of transportation, such as walking, jogging, or skating or as otherwise provided in this chapter. 10.80.030 Motor vehicles prohibited. It is unlawful for any person to operate any motorized vehicle, including, but not limited to, any motor vehicle, motorized cycle, or motorized off-road vehicle, on the Kern River Trail. ~,~rtC9 C,) Jr1 SACOUNCIUOrds\09-10 0rds\10.80 KernRiveffrail.doc v r- 02/18/10 ~F~IC StJAb Page 1 of 3 Pages 10.80.040 Horseback riding and certain other uses by animals prohibited. It is unlawful for any person to ride any horse or other animal, or to drive, lead or release any horse or any other equine animal or any bovine animal, or to operate any vehicle or equipment drawn or propelled by an animal, on the Kern River Trail. 10.80.050 Pedestrian uses prohibited or restricted. A. It is unlawful for any person to ride or operate skateboards, scooters, or other similar nonmotorized equipment on the trail, B. Every pedestrian walking, skating, jogging or running upon the trail shall yield the right-of-way, by staying to the right, of all bicycles upon the trail to avoid an immediate hazard. C. Any dogs on or near the Kern River Trail must remain on a leash no longer than six feet in length. 10.80.060 Exceptions. There shall be excepted from the prohibitions in this chapter any of the persons, vehicles or uses described in the following subsections: A. . Any public emergency vehicle, while operated by a public officer or public employee in the performance of his duties, is excepted. B. Any motor vehicle or motorized vehicle, while operated by a public officer or public employee for purposes of maintenance, policing or law enforcement, is excepted. C. Any public officer or public employee, while engaged in maintenance, policing or law enforcement, is excepted. D. Any officer, employee, or agent of the owner of the land on which such trail is located, while engaged in the business of such owner, is excepted. 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. --00000-- 4 ~3AfCF9 n SACOUNCIUOrds\09-10 0rds\10.80 Kern Rive rTraiWoc 02/18/10 Page 2 of 3 Pages 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 MAR 10 2010 , by the following vote: V, ~ YE . COUNCILMEMBER CARSON, BENHAM, WBR, COUCH, HA ON, SULUV AN, SCRI ENV R NOES: COUNCILMEMBER nr" A~SLA~N COUNCILMEMBER nu%a ABSENT COUNCILMEMBER nang- J2~ ROBERTA GAFFORD, C ACTING CITY CLERK a VEX OFFICIO Clerk of the Council of the City of Bakersfield APPROVED: MAR 10 2010 By: . WHAL 4RVE L Mayor APPROVED AS TO CONTENT: RECREATION AND PARKS DEPARTMENT By: DIANNE HOOVE Recreation and Parks Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: JUSTIN A. CRUMLEY Associate City Attorney JAC:Isc S:\C0UNCIL\0rds\09-10 0rds\10.80 KernRiveffrail.doc is 02/18/10 { Page 3 of 3 Pages )RI!asniG,_ AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) ROBERTA GAFFORD, 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 12th day of March, 2010 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4614, passed by the Bakersfield City Council at a meeting held on the 10th day of March, 2010 and entitled: AN ORDINANCE AMENDING CHAPTER 10.80 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO KERN RIVER BICYCLE TRAIL ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield By: 6u~41 1 DEP City Jerk VfY SADOCUMENIIFORMSWOP.ORD.wpd