Bakersfield Municipal Code Ch. 12.44 Business Use of Sidewalks

Except as provided hereinafter, it is unlawful for any person, firm or corporation to use the public streets or sidewalks of the city, or any portion thereof, for the display for sale of merchandise, or other articles, except that newspaper vending machines and any farmers market certified by the Kern County agricultural commissioner may be allowed upon such streets or sidewalks as designated by the public works director after obtaining an encroachment permit. (Ord. 2932 § 1, 1984; prior code § 10.24.010)

It is unlawful for any person, firm or corporation to pack or unpack, or to cause or permit to be packed or unpacked any goods, wares or merchandise in or upon any public street or sidewalk described in Section 12.44.010. (Prior code § 10.24.020)

A. Persons, firms or corporations, having a fixed place of business within the city or nonprofit organizations for promotional events on behalf of their organizations, upon application to the city manager, may obtain a permit to display merchandise upon the sidewalk immediately in front of the fixed place of business, or in the case of nonprofit organizations at a place designated by the city manager.

B. Said permit shall contain such conditions as the city manager may impose with respect to traffic and pedestrian travel on the streets and sidewalks in the vicinity of said display.

C. No such permits shall be issued in excess of three per year and no such permit shall be valid for a period of time in excess of seventy-two hours for any person, firm, corporation or nonprofit organization. (Ord. 2661 § 1, 1981; prior code § 10.24.025)

A. The downtown business and property 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 calendar days before the planned event. At least fourteen 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 one million dollars, naming the city as an additional insured. In addition, if the applicant seeks to close streets, the application shall indicate the streets that the downtown business and property owners’ association requests to be closed, the period of time of closure, and proof of written notice that the applicant has notified all business owners located adjacent to any right-of-way which will be closed for the event. 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 or she 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 fifty-two permits may be issued in any calendar year.

E. The city manager will review Section 12.44.031 annually to determine whether the number of permits authorized herein shall be adjusted up or down.

F. All events must comply with state and federal laws including but not limited to the requirement that farmers’ markets must be certified by the Kern County agricultural commissioner, and must provide proof of the certification with the application. (Ord. 4193 § 1, 2004; Ord. 4008 § 1, 2001; Ord. 3764 §§ 1, 2, 1997; Ord. 3184 § 1, 1988; Ord. 3069 § 1, 1986; Ord. 3022 § 1, 1986)