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HomeMy WebLinkAboutORD 279ORD 279ê79wV ×Pï' ORDINANCE NO. 279 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING SECTIONS 6750, 6751, 6752 and 6753 to the BALDWIN PARK MUNICIPAL CODE, ALL RELATING TO TEMPORARY USE PERMITS; AND DECLARING THE SAME TO BE AN URGENCY ORDINANCE NECESSARY FOR THE IMMEDIATE PRESERVATION OF THE PUBLIC PEACE, HEALTH AND SAFETY. THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. That Sections 6750, 6751, 6752 qMd 6753 are hereby added to the Baldwin Park Municipal Code to read, respective- ly, as follows: 6750. Temporary Use Permits. A temporary use permit shall be required for all of the activities enumerated in Section 6751 hereof, and all activities similar or related thereto. Said activities, being temporary in nature, possess characteristics of such unique and special form as to make impracticable their operation without specific approval of the City Council, upon such conditions as may be deemed appropriate, in the manner hereinafter set forth." 6751. Same. Activities Included. No person shall sponsor, participate or engage in any of the following enumerated activities, or any activities similar or re- lated thereto, without first obtaining a temporary use permit therefor issued by the City Clerk, by order of the City Council: 1) Circuses; parades; carnivals; fairs; tempor- ary outdoor exhibits of equipment, goods or services, for sale when sponsored by a city- wide group or association; aircraft and heli- copter landings demonstrations; and other public demonstrations. The duration of permits for activities enumerated in this sub-paragraph shall be limited to a period not to exceed seven 7) days. 2) The indoor and outdoor sale of Christmas trees, except when such sales are in con- junction with an established commercial business, holding a valid City Business Li- cense; such temporary use permits shall be for a period not to exceed thirty 30) days in any one year." 6752. Same. Application. Fees. Temporary use permits shall be issued by order of the City Council. A written application for such a permit shall be filed with the City Clerk, containing the following information: 1) Name of applicant. 2) Proposed location or locations. 3) Nature of activity. 4) Duration of activity. 5) Description of any equipment to be used. ORD 279ê79wV ×Pï' A filing and processing fee of $25.00 shall be required with each application for an activity described herein- above. The City Council may exempt any organization from the payment of such fee, provided it is found by the Council that the applicant is an organization which is, or may be, exempt from the payment of Business License fees pursuant to this Code." 6753. Same. Issuance, Denial. Revocation. 1) Temporary use permits shall be issued by the Council if it determines that the activity can be conducted in a manner compatible with public peace, safety, health and general welfare, and will not be injurious or detrimental to property in the immediate vicinity of the proposed use. The Council may impose conditions upon the issu- H ance of such permits, in order to preserve the public peace, safety, health and general welfare. 2) Temporary use permits shall not be issued, if such activity cannot be operated safely, or if such activity would be detrimental to or inter- fere with, or would not be compatible with the use and enjoyment of other property in the im- mediate area. 3) The Chief of Police or his authorized deputy shall have the right to suspend any such per- mit when he finds that the permitee has vio- lated any condition imposed on such permit or any provision of this Code, or is otherwise threatening the public pease, safety, health or general welfare. In the event of such sus- pension, permitee shall have an immediate right of appeal to the City Council, which shall set a time and place at which permitee shall show cause why his permit should not be revoked. City Clerk shall give notice to the permitee of the time and place of such hearing by United States mail, postage pre- paid, addressed to the permitee at his last known address. If at the time of such hear- ing Council finds that the suspension was justified, the permit shall forthwith be revoked. 4) No formal public notice need be given by the City Council in connection with the granting, denying or revocation of such permits." SECTION 2. This ordinance is declared to be an urgency ordinance necessary for the immediate preservation of the public peace, health and safety, based upon the following facts: a) That without provisions of law, as set forth herein- above, relating to temporary uses, commercial activ- ities within the City of Baldwin Park are seriously hampered by the stringent requirements of the Baldwin Park Municipal Code, specifically zoning provisions thereof, in that special sales and demonstrations on a city-wide basis and other civic affairs involv- ing large assemblages of persons are almost impossi- ble to hold; and b) Temporary uses involving carnivals for shopping centers and similar enterprises are virtually pro- hibited within the city limits by said Baldwin Park Municipal Code. SECTION 3. That the City Clerk shall certify to the adop- tion of this ordinance and cause the same to be published or posted in the manner prescribed by law. PASSED and APPROVED this 1S ay of 1963. I#TTEST~ / v% city arc Mayor ORD 279ê79wV ×Pï'STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK I, THELMA L. BALKUS, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance was duly adopted by the City Council of said City and signed by the Mayor at a regular Council meeting held on the 5 hday of May 1963, by the following vote: AYES: COUNCILMEN MOREHEAD, BISHOP HOLMES, TAYLOR AND MAYOR BLOXHAM NOES: COUNCILMEN NONE ABSENT: COUNCILMEN NONE Thelma L. Balkus, City Clerk BIB] 39008-U01 ORD-U02 279-U02 LI2-U03 FO31549-U03 FO94593-U03 DO94803-U03 C5-U03 ORDINANCES-U03 10/17/2006-U04 ROBIN-U04