Bakersfield Municipal Code Ch. 5.58 Seismic Survey Activities

Sections: 5.58.010 Definitions. 5.58.020 Permit required. 5.58.030 Application—Issuance—Fee. 5.58.040 Regulations. 5.58.050 Revocation. 5.58.060 Appeal.

• Prior ordinance history: Ords. 3018 and 3061.

Whenever used in this chapter, unless a different meaning clearly appears from the context, the words set out in this section shall have the following meanings:

A. “Person” means any individual, partnership, corporation or association of any nature whatsoever.

B. “Seismic survey activity” means any activity where, for any consideration whatsoever, shock waves, sound waves, or vibrations are generated for the purpose of surveying, mapping, identifying, classifying or otherwise distinguishing subsurface characteristics indicative of the presence or absence of hydrocarbon substances, including, but not limited to, oil and natural gas.

C. “Source equipment” means the equipment from which vibrations emanate during seismic survey activities. (Ord. 3865 § 1, 1998)

No person shall operate, maintain or conduct seismic survey activities in the city in violation of this chapter, or without having a valid permit therefor in accordance with the provisions of this chapter. A separate permit shall be required for each set of source equipment to be used to conduct a seismic survey. (Ord. 3865 § 1, 1998)

A. Applications for permits under this section shall be made on forms to be furnished by the city manager or designee, shall be submitted no less than thirty days prior to commencement of the survey, shall be signed under penalty of perjury by the applicant and shall require the following information:

1. The name, mailing address, title, telephone number, business name and business address of the
applicant;

2. Prior seismic survey permits held by the applicant and whether such permits were ever revoked or
suspended and the reason therefor;

3. The site or route at or along which the seismic survey activity is to be conducted, and the period during
which the activity will be conducted;

4. The business tax certificate number of the business.

B. The application shall be accompanied by the following:

1. A map on a scale not less than one inch for one thousand feet, showing the location or locations or
routes at or along which such activities are to be conducted, and specifying the name of the owner and, if
occupied, the occupant of each such location or property along such route;

2. A detailed description of the method of seismic surveying to be utilized, satisfactory to the city manager
or designee, specifying vibration levels and estimated distances from the source equipment within which
noise or vibrations from such activities may be detected by residents and others;

3. A map or maps showing the addresses of all lots or parcels of real property within one thousand feet
from each testing site or along each testing route, the names of owners of such properties as shown on the
latest equalized assessment roll of the county and a declaration and agreement that not less than five days
prior to conducting any seismic survey activity the applicant shall mail, first class, postage prepaid, to each
such owner, or deliver to each residence within such radius in a sealed envelope marked “Notice of Seismic
Survey Activities” and enclosed in a clear plastic jacket looped over the door handle of the outer door of each
residence, a statement describing the nature of the seismic survey activity to be conducted, the location or
locations nearest such property where such activity will be conducted, and the name and telephone number
of a representative of the applicant who may be contacted for further information from three days prior to
the date such activities are to commence until at least the third day after such activities are to be concluded;

4. Proof of public liability insurance, satisfactory to the city manager or the risk manager;

5. Security, acceptable to the city manager or designee, in an amount set by the city manager or designee, assuring that the applicant will repair to satisfaction of the city manager or designee any damages resulting from applicant’s seismic survey activities;

   6. An indemnification and hold harmless agreement, satisfactory to the city attorney.

C. The city manager or designee shall, in his or her discretion, issue a permit if he or she finds:

1. That the application is complete and truthful;

2. The business for which the application is made will be maintained and conducted in accordance with all
laws of the city and the state;

3. That a valid business tax certificate has been issued for this business;

4. That no permit issued to the same business or the same owner pursuant to this section has been
revoked in the past three years, unless the city manager or designee finds that the reasons for such
revocation are unrelated to this application;

5. That the location of the seismic survey activities will not violate the regulations set forth in Section
5.58.040;

6. That the seismic survey activities will not constitute a hazard to life or nearby property, nor constitute a
nuisance to neighboring property owners;

7. That the applicant has sufficient insurance.

D. All permits issued under this chapter shall be valid only as to the dates and times listed on the permit, unless earlier suspended or revoked.

E. The applicant shall pay a fee not to exceed the cost of processing any such application and inspecting such activity as set forth in Section 3.70.040.

F. Permits may be issued with conditions to ensure that the activity will be operated in a safe and legal manner, will not disturb the peace and quiet of the neighborhood and will not constitute an undue burden on city resources. (Ord. 3865 § 1, 1998)

A. No seismic survey activities may be conducted within three hundred feet of any water well or within one hundred feet of any surface structure, of any irrigation facilities, or of pipes determined by the city manager or designee to be of poor structural quality. To the extent the latter are disclosed by the inspection of infrastructure preceding the seismic survey activity, information thereon shall be provided applicant at his request.

B. No seismic survey activity shall be conducted until the advance notice specified in Section 5.58.030B3 has been given; nor shall any such activity be conducted except between seven a.m. and seven p.m. Monday through Friday. No such activity shall be conducted on any national holiday. (Ord. 3865 § 1, 1998)

Any permit issued pursuant to this chapter shall be immediately revoked by the city manager or designee whenever he finds:

A. That misrepresentations were made on the application; or

B. That the applicant has been convicted of a crime substantially related to the qualifications, functions or duties of the business for which application is made, unless he has obtained a certificate of rehabilitation; or

C. That the applicant has done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another; or

D. That any of the terms or conditions of such permit have been violated, or that the business has been operated in violation of local, state or federal law. (Ord. 3865 § 1, 1998)

A. Should any applicant be dissatisfied with the decision of the city manager or designee not to grant a permit or revoking a permit, then such applicant may, no later than ten days after notice of such decision is deposited in the United States mail, addressed to the applicant or permittee at the address provided on the application, make written objection to the city council setting forth the grounds for dissatisfaction, whereupon the council shall hear such objections at a regular meeting no later than three weeks following the filing of the objection with the city clerk. The applicant shall be given written notice no less than three days prior to such hearing. The council may, upon such hearing, sustain, suspend or overrule the decision of the city manager or designee, which decision shall be final and conclusive.

B. Pending the hearing before the council, the decision of the city manager or designee shall remain in full force and effect and any reversal thereof by the city council shall not be retroactive but shall take effect as of the date of the council’s decision. (Ord. 3865 § 1, 1998)