Bakersfield, CA Special Events & Permits: Outdoor Heater Rules (2026)
Key Facts
- Zone
- MX-1 Mixed-Use Neighborhood
- Governing table
- Table 17.12-3, § 17.12.040(A)(8)
- Permit issuer
- City Engineer, Chapter 12.20
- Permit term
- Fixed term or annual, revocable anytime
- Max penalty
- $300 fine or 90 days county jail
Summary
Bakersfield's mixed-use zoning code doesn't ban patio heaters: it lets MX-1 businesses place them, along with tables, chairs and umbrellas, in the street-setback area for outdoor seating, but only under an encroachment permit issued by the city engineer (BMC § 17.12.040(A)(8), Table 17.12-3). Chapter 12.20 governs the permit process, fees, and insurance.
8. Encroachments. a. An encroachment permit is required for any sidewalk uses including, but not limited to those identified in Table 17.12-3. ... Movable tables, chairs, umbrellas, outdoor heaters (outdoor seating) as allowed with an encroachment permit | Allowed in setback area. ... An “encroachment” ... is any permanent or temporary fixture such as a building or appurtenances thereto, fence, hedge or any other thing, which intrudes into, upon, over or under, or invades any property belonging to the city, or ... any street, avenue, lane, alley, sidewalk, court, place, public way...
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 5221, passed July 15, 2026).
Full Breakdown
Bakersfield's only code provision naming outdoor heaters sits in the MX-1 (Mixed-Use Neighborhood) zone standards. 12-3 lists what qualifies, including "movable tables, chairs, umbrellas, outdoor heaters (outdoor seating) as allowed with an encroachment permit" alongside bicycle racks, planters, and similar street-furniture items. 020). Applicants file with the city engineer, describing the encroachment, its location, and how long it will remain, and must agree to indemnify the city and carry liability insurance for as long as the heater or seating stays in place. The city engineer investigates whether the setup would interfere with public use of the sidewalk or create a hazard before granting or denying the permit, which may be issued for a fixed term or annual renewal and remains revocable at the city engineer's discretion at any time.
A denial can be appealed in writing to the city clerk within ten days, with a hearing before the city manager or designee. Because the encroachment permit is revocable on notice, a business operating patio heaters in the MX-1 setback area has no vested right to keep them there once the city engineer determines they interfere with pedestrian use or safety.
Violations & Fines
Placing or maintaining an outdoor heater or other sidewalk furniture in the setback area without a valid encroachment permit violates § 12.20.020 and is a misdemeanor under § 12.20.040, punishable by a fine of up to three hundred dollars, imprisonment in the county jail for up to ninety days, or both, with each day the unpermitted encroachment continues counted as a separate offense.
Frequently Asked Questions
Can a restaurant in Bakersfield put propane heaters on the sidewalk patio?
Who issues the encroachment permit for outdoor heaters?
Can the city make me remove my patio heater later?
Sources & Official References
Other rules in Bakersfield
California rules heatmap·Compare Bakersfield to another location·View the California special events & permits overview
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