Kern County Municipal Code Ch. 12.12 Event-Related Temporary Road Closures

For purposes of this chapter, the following definitions apply:

A. "Event" means any non-parade activity, including but not limited to, any celebration; sporting activity; entertainment or theatrical activity; fundraising; political, fraternal or benevolent rally or gathering; short-term construction or repairs within the right-of-way; or commercial, motion picture, television, videotape or still photography production. However, "event" does not include the filming, videotaping or production of current news which includes reporters, photographers or cameramen employed by a newspaper, news service, broadcasting station or similar entity engaged in news events, nor the filming or videotaping of motion pictures solely for private family use.

B. "Highway" means any county-maintained street, highway, alley or sidewalk in the unincorporated area of Kern County.

C. "Person" means any individual, group of individuals, club, association or legal entity such as a partnership or corporation.

D. "Director" means the director of the Kern County roads department.

E. "Vehicle" means any automobile, truck, airplane, cart, trailer, wagon or other means of transportation or conveyance.

(Ord. G-6647 § 2 (part), 1999: Ord. G-6345 § 51, 1996; Ord. G-5885 § 43, 1993; Ord. G-4432 § 4, 1987: prior code § 2500)

It is unlawful for any person to organize or hold any event not otherwise allowed by law upon any highway without first obtaining the permit described in this chapter.

(Ord. G-6647 § 2 (part), 1999: prior code § 2501)

A. An application for a permit pursuant to the provisions of this chapter shall be made in writing and filed with the director and contain the following information:

1. Name, address, and telephone number of the applicant;

2. Time, place and duration of the event, including the portion of the highway affected;

3. Estimated number of persons and/or vehicles which will participate;

4. The purpose and description of the event;

5. Any services of county employees desired or required on location during any event.

B. Prior to the event, each applicant shall sign a statement that he agrees to preserve, save harmless, and defend upon request, the county and each officer and employee thereof from any liability or responsibility for any accident, loss or damage to persons or property happening or occurring as a proximate result of the activity or the applicant's negligence, or the negligence of his agents, employees or contractors in the performance of any act undertaken under any permit granted pursuant to this chapter.

C. All applicants, except railroads, shall provide insurance prior to the event acceptable to the director in form and amount, but in no event having less than a single limit for bodily injury liability and property damage liability combined of one million dollars ($1,000,000), naming the county of Kern and its officers, agents and employees as additional insureds, and evidenced by an acceptable standard certificate of insurance filed with the director at least three (3) working days prior to the event.

D. Unless waived by the board of supervisors prior to the event, the applicant shall pay to the director such amount as the director shall then estimate to be sufficient to reimburse the county for all costs of processing the application, and should the county elect to provide any event-related service or materials, the applicant shall also pay the county's estimated cost of providing such materials or services. The applicant shall, within thirty (30) days after the event, pay the director any additional amounts necessary to fully reimburse the county for actual event-related costs. Any overpayment by the applicant shall be promptly repaid.

E. To ensure cleanup and restoration of the site of the proposed event, an applicant may be required by the director to post a refundable cash deposit or faithful performance bond prior to the event, in an amount determined by the director to be sufficient for such purpose. Upon completion of the event and inspection by the county, the posted security may be returned to the applicant if the site is appropriately cleaned up and restored, in the sole judgement of the county.

F. The applicant shall provide an acceptable traffic detour plan for total road closure requests, at least three (3) working days prior to the issuance of permits and related closure. At least twenty-four (24) hours prior to such closure, the permittee shall place appropriate signs warning of the closure.

(Ord. G-6647 § 2 (part), 1999: Ord. G-5885 § 45, 1993; Ord. G-4491 § 2, 1987: Ord. G-4432 § 5, 1987: prior code § 2502)

A. Applications shall be filed at least three (3) working days prior to the event where the requested temporary closure will not be total, and at least five (5) working days prior to total road closure requests.

B. A temporary road closure permit may be issued, subject to appropriate conditions, whenever the issuing authority is satisfied that:

1. The event will not result in undue obstruction of traffic on any highway where it is proposed to be held;

2. There is no substantial evidence that the event is likely to lead to a breach of the peace, a riot or other disorderly conduct, or property damage;

3. The event will not conflict with other event permits previously granted;

4. The temporary closure is necessary for the safety and protection of persons who will use the highway during the closure.

C. The director may issue permits as provided in this chapter for any event. At the request of the director, the board of supervisors may issue permits pursuant to this chapter.

D. Any condition or requirement imposed on any permit issued by the director may be appealed to the board of supervisors, whose decision thereon shall be final.

(Ord. G-6647 § 2 (part), 1999: Ord. G-5885 § 47, 1993; Ord. G-4432 § 6, 1987: prior code § 2503)