HomeMy WebLinkAboutORD NO 5135ORDINANCE NO. 5 13 F
ORDINANCE AMENDING
BAKERSFIELD MUNICIPAL
VENDING VEHICLES.
SECTION 5.66.050 OF THE
CODE RELATING TO FOOD
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 5.66, Section 5.66.050 of the Bakersfield Municipal Code is hereby
amended to read as follows:
5.66.050 General Food Vending Vehicle Requirements.
A. No selling or serving alcohol;
B. No selling to persons in vehicles;
C. No amplified sound or loudspeakers. Must comply with the noise limits in
Chapter 9.22;
D. No discharge or cause to be discharged to a public sewer, any waste as
defined in Section 14.12.220 (B) which directly or indirectly connects to the
city's sewerage systems;
E. No lighting, except localized lighting that is used on or in the food vending
vehicle.
F. No obstruction or interference with the free flow of pedestrian or vehicular
traffic, including but not limited to access to or from any business, public
building, or dwelling unit;
G. No restriction of visibility area sight distance at any driveway or intersection;
H. Posting, in public view and without obstruction, on the back upper left side
of the vehicle, the following items:
1. A valid permit certification and valid permit sticker from the county of
Kern's public health services department; and
2. A city code enforcement sticker that provides a phone number to report
violations.
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'OP.IGINAL
Hours of operation shall be between six a.m. and ten p.m. from Monday
through Saturday and between six a.m. and eight p.m. on Sunday, except
in the commercial center zone (CC) and the central business zone (C-B),
where hours of operation shall be between six a.m. and one a.m. from
Monday through Sunday;
J. Provide at least one trash receptacle and one recycling receptacle for use
by patrons within twenty feet and in a convenient location that does not
impede pedestrian or vehicular traffic;
K. Upon vacating the site, must collect and remove the aforementioned trash
receptacle and all litter and debris generated within a minimum fifty -foot
radius of the food vending vehicle;
L. Food vending vehicles shall be a permitted use in the following zone
districts: CC (commercial center), C-2 (regional commercial), C-B (central
business), M-1 (light manufacturing), M-2 (general manufacturing) and
where permitted by Section 5.66.070(I). Operation in any other zone district,
or operation of multiple food vehicles pursuant to 5.66.070(H), shall require
approval of a conditional use permit in accordance to the process
established by Chapter 17.64 herein;
M. Food vending vehicles must park at least seventy-five feet away from a
primary frontage for patrons of a restaurant and at least two hundred feet
away from the following zone districts: R-1 (one -family dwelling), R-2 (limited
multiple -family dwelling), R-3 (multiple -family dwelling), R-S (residential
suburban) and PUD (planned unit development), unless operating in
accordance with state law and with Section 5.66.070(I) or pursuant to a
conditional use permit;
N. Shall permit law enforcement officers to inspect the premises of the food
vending vehicle business for purposes of ensuring compliance with the law
at any time the vehicle is open for business. Such inspections shall be
conducted in a reasonable manner and shall be as frequent as necessary;
O. Maintain liability insurance policy of at least one million dollars that names
the city as an additional insured.
SECTION 2.
This Ordinance shall be posted in accordance with the Bakersfield
Municipal Code and shall become effective thirty (30) days after the date of its
passage.
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` 0RICIN O
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
SEP 13 2023 by the following vote:
A E
COUNCILMEMBER:
NOES:
COUNCILMEMBER:
ABSTAIN:
COUNCILMEMBER:
ABSENT:
COUNCILMEMBER:
ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, KAUR
U-�, &My�
J LIE DRIMAKIS, CPMC, MMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: SEP 13 2023
By: jd�& A A U 4*fl
KAR N GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: - /
VIRIDIANA GALLARDO-KING
Deputy City Attorney
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`ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern )ss.
JULIE DRIMAKIS, 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 18th day of September 2023 she posted on the
Bulletin Board at City Hall, a full, true and correct copy of the following:
Ordinance No. 5135, passed by the Bakersfield City Council at a meeting held
on the 13th day of September 2023 and entitled:
ORDINANCE AMENDING SECTION 5.66.050 OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO FOOD VENDING VEHICLES.
JULIE DRIMAKIS, MMC
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By.
DE City Clerk
S ADOCUM ENT\FORMSWOP.ORD.wpd