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HomeMy WebLinkAboutCC Ord 1345 1991-12-09 ORDINANCB NO. /~4~ AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING CHAPTER ~ TO THE MUNICIPAL CODE ESTABLISHING REGULATIONS FOR "PILMING ACTIVITIBS" WHEREAS, each California community is unique and requires regulatory procedures that are consistent with its identified needs; and WHEREAS, the adoption of this film ordinance is found to be I necessary for the city's public peace, health and safety, and to protect and preserve the public interest, health, safety, welfare, comfort and convenience; WHEREAS, the California Film Commission has reviewed and finds this proposed ordinance to contain the key elements of a film ordinance in keeping with the intent of AB 4680. NOW, ,THEREFORE, the city Council of the city of Seal Beach does ordain that the Code of the City of Seal Beach is hereby amended by adding Chapter, "PILMING ACTIVITIBS", 8-1 through 8-18 seq. as follows: CHAPTER - PILMING ACTIVITIBS 8 Sec. 8-1 PurDose of ChaDter. It is the purpose of this Chapter to provide rules govel;'ning the issuance of permits for filming activities on location within the City. The intent of this Chapter is to ensure that still photographers and motion picture, television, commercial and non-theatrical filming companies will be encouraged to use locations for filming activities within the city so long as those activities are consistent with the public safety and the protection of property. Sec. (A) (B) (C) (D) (E) (F) (G) (H) (I) (J) (K) 8-2 Definitions as Used in this ChaDter. Applicant" shall mean the person, organization, corporation, association or other entity applying for a permit to film in the City of Seal Beach. "city" shall mean the City of Seal Beach as a municipal corporation and existing pursuant to the laws of the State of California. "Filming Activity" shall mean the staging, shooting, filming, videotaping, photographing, or other similar activities conducted for the making of still photographs, motion pictures, television programs, commercial and non-theatrical film productions. "Film Development Office" shall mean the officer(s) of City designated by the City Manager to coordinate filming and issue film permits in the city of Seal Beach. "Film Permit" shall mean written authorization from the Film Development Office to conduct the filming activity described in the permit. Agenda Item "Fire Department" shall mean Orange County Fire Department as a contract agent to provide Fire Services for the City of Seal Beach. "Master Fee Schedule" shall mean those fees, taxes, and reimbursements for costs and administrative policies adopted by the city Council of the City of Seal Beach. "News Purposes" shall mean a filming activity conducted for the purpose of reporting on persons, events, or scenes for newspapers, television news, and other news media. "Permittee" shall mean the person, organization, corporation, association or other entity issued a film permit under this ordinance. "Public Street" shall mean any street, right-of-way, public trail, bikeway or road maintained by the City and located within the City limits. "still Photography" shall mean and include all activity attendant to staging or shooting commercial still photographs. I I I I Ordinance Number ~~~~ (L) "Student Filming Activity" shall mean filming activity conducted '~v fulfill a cour3e raquirement by a student enrolled at a public or private school. (M) "Studio" shall mean a fixed place of business where filming activities are regularly conducted upon the premises. Sec. 8-3 Permit Reauired. It is unlawful to conduct a filming activity as defined in Section 8-2 within the City without first obtaining a film perm~t from the Film Development Office. A permit is issued by the Film Development Office for the purpose of filming on city-owned, leased or controlled real property or city streets. This permit does not constitute or grant permission to use or occupy property not owned, leased or controlled by the City of Seal Beach. This permit must be in the possession of the permittee at all times while on location in the City. An applicant shall obtain the private property owner's permission, consent, or lease for use of property not owned or controlled by the city. Sec. 8-4 Permit Exemntions. The provisions of this Chapter shall not apply to any of the following activities provided that the activity will not require the closure of a public street, or substantially impede pedestrian or vehicular traffic thereon: (A) (B) (C) (D) (E) (F) Filming activities conducted for news purposes as defined in section' 8-2 . Filming activities conducted at studios as defined in Section 8-2 . Filming activities conducted for use in criminal investigation or civil or cri~inal court proceeding. Non-commercial filming activities conducted on private property solely for private or family use. Commercial still photography or staging thereof, when conducted to the exclusion of any other filming activity as defined in Section 8..,.2 when the following conditions apply: (1) The still photography, or staging thereof, will not be conducted on city property. (2) The still photography, or staging thereof, will not require the parking of more than two (2) motor vehicles on any public street within the city. Filming activities conducted by or for the city. Sec. 8-5 Deadline for Filina ADDlications. Applications for a film permit must be filed with the Film Development Office a minimum of two (2) business days in advance of the date the film activity is to begin; except that an application for a permit which includes traffic controls exceeding 3 minutes, minor stunts or minor special effects, shall require a minimum of seven (7) - - _n_ -business -- days-- not-ice ;- - and-t:hose-wh-i-ch-i-nc:1:tldc Btl"e~-GSU-Fes , major stunts, or pyrotechnics must be filed a minimum of ten (10) business days in advance of the first day of filming. No late applications will be processed by the City unless the Film Development Office determines that special circumstances exist relative to the application which would have precluded timely application. Upon showing of good cause, the' Film Development Office shall consid~r applications which are filed after the filing deadline only if there is sufficient time to process and investigate the application, and for City Staff to prepare for the filming activity. I Applicants are encouraged to submit applications at the earliest possible date in order to facilitate coordination between city departments. Ordinance Number /..1t'r!' ) Sec. 8-6 ADDlication Form. The permit application shall be on a form furnished by the Film Development Office signed by the applicant or agent thereof. Such application shall include, but not be limited to, the following information: (A) Name, address, and telephone number of applicant. (B) Name, address, and 24-hour telephone(s) of person in charge of filming on location. (C) Filming location(s), dates and approximate daily call times of proposed filming activities. (D) Description of scenes to be filmed including details of any hazardous filming activity employing firearms, explosives, the use of open flame, other pyrotechnical effects, animals, stunts, filming of moving motor vehicles, watercraft or aircraft. (E) Description of the types and number of motor vehicles which will be parked on public streets,' and description of any equipment to be placed on public property. (F) Evidence of adequate insurance certification as may be required pursuant to Section 8-12. (G) Such other information, descriptions, diagrams, and technical information as the Film Development Office may require. I Sec. 8-7 Permit ADDroval/Denial. (A) The application shall be approved or denied within two (2) business days of receipt of the application unless the proposed filming activity requires extensive review by other city departments or other affected agencies due to public health or welfare concerns or fire or traffic safety. The film permit shall be approved by the Film Development Office unless its determined from consideration of the application or other pertinent information, that any of the following conditions exist: (1) The filming activity will substantially disrupt the use of a public right-of-way or street at a time when it is I usually subject to traffic congestion, or interfere with the operation of emergency vehicles in the proposed permit area. (2) The location of the filming activity will substantially interfere with a right-of-way or street maintenance work, or a previously authorized excavation permit. (3) The proposed permit location is on City property and the filming activity will substantially interfere with other previously authorized activities, contracts or safety of the pUblic or city employees while on city property. (4) The proposed permit location is on city property and the filming activity will SUbstantially interfere with municipal functions or the scheduled maintenance of City buildings or grounds. (5) The filming activity creates a substantial risk of injury to persons or damage to property. (6) The applicant failed to complete the application after being requested to do so, or the information contained in the application is found to be false in any material detail. (7) The particular filming activity would violate federal, state, or local law including licensing or permit requirements. (8) Any other set of specific facts, circumstances and conditions which, at the discretion of the Film I Development Office, are determined to present or result in a situation incompatible or inconsistent with the proposed filming activity. (B) When the grounds for permit denial can be corrected by imposing reasonable permit conditions, the Film Development Office may impose such conditions pursuant to Section 8-8 rather than deny the permit. Sec. 8-8 Permit conditions. The Film Development Office may condition the issuance of a film permit by imposing reasonable Ordinance Number 1'~4I~ terms, conditions and requirements concerning the time, place, manner and duration of filming activities as referenced on the "Terms and Conditions" attached to the Film permit, including but not limited to, the following: Requirement for the presence of employees of the city at the applicant's expense, when required for the particular filming activity. Requirements concerning posting of "no parking" signs, placement of traffic control devices, and employment of traffic and crowd control monitors at the applicant's expense. Requirements concerning posting of the outer boundaries of the filming activity and providing advance notice to affected residents and property owner's businesses and tenants within 300 feet of the filming location unless a greater area of notification is required by the film development office. Requirements concerning the cleanup and restoration of public streets and City property employed in the filming activity. Restrictions concerning the use of City or other public agency employee services, vehicles and other equipment in the filming activity. Requirements that the applicant pay all fees, and obtain all permits and licences required for the filming activity under any applicable local, state and federal law ordinance, regulation or statute. Restrictions on the use of firearms, explosions, and other noise-creating or hazardous devices. Restrictions on the use of stunts involving pyrotechnics, open flame, vehicle crashes or other hazardous materials. Requirements concerning cover-up of police, fire, and other official uniforms worn by actors, when the actors are not on camera. Restrictions concerning the use of City and other public agencies' logos, insignias, badges or decals for filming purposes. Restrictions on the locations or daily hours the filming activity within the City. Requirements concerning the City's or other public agencies' receipt of proper acknowledgement for any assistance provided in making feature, television or commercial productions. Requirements concerning affirmative action and non- discriminatory employment practices. Sec. 8-9 Rules and Reaulations. The Film Development Office is authorized and directed to promulgate and enforce additional rules and regulations governing issuance of film permits and film permit riders. 8-10 Fees. A schedule of fees for city services and use of City property shall be in an amount as established by resolution of the City Council. The applicant shall pay all costs incurred by the City as a result of the ~ilrning activity. The City may require that a bond, cash advance, or other type security approved by the City Attorney be posted in advance of the issuance of any permit to guarantee, and as security for payment of the city's costs or expenses. Sec. 8-11 Chanae of Filmina Activitv Date. Upon reasonable ~'itten notice by the permittee in advance of the filming activity, the Film Development Office may change the date for which the film permit has been issued without requiring a new application or permit. (A) (B) I (C) (D) (E) (F) (G) (H) (I) (J) I (X) (L) (M) Sec. (A) (B) (C) I Sec. 8-12 Insurance Reauired. The applicant for a film permit shall procure and maintain for the duration of the filming activity insurance to protect the City against claims for personal injury, wrongful death and property damage and to indemnify the City for damage to city property arising out of the permittee's activities. Additional general liability coverage shall be required in the event that aircraft, helicopters, or pyrotechnics are used in Ordinance Number ;'~~~ filming. The City and its officers and employees shall be named as additional insureds under the policy, which shall not be subject to cancellation without the thirty (30) days written notice to the city. Applicant shall also submit verification that adequate worker's compensation insurance coverage is maintained. The amount of coverage and the form of insurance maintained shall be as specified in the permit and, in any event, shall be to the satisfaction of the Film Development Office. Sec. 8-13 Liabilitv and Indemnification. Prior to the issuance of the film permit, the permit applicant must agree in writing to indemnify and hold harmless the city from any liability I resulting from or related to the permitted' activity. Such indemnification shall be of an extent and in a form acceptable to the Film Development Office. Sec. 8-14 Duties of permittee. "Permittee", as used in this section, shall include the permittee, as well as agents, employees, and contractors of the permittee at the filming activity site within the City. The permittee shall comply with the following requirements: The permittee shall comply with all "Terms and Conditions" of the film permit. The permittee shall not conduct a filming activity within the City not authorized by the filming permit. The permittee shall meet with and brief city Staff as necessary to ensure that the personnel assigned have a full understanding of the hazards and City resources involved. The permittee shall be responsible for ascertaining the full purpose(s) of the permit conditions and ensuring that all film personnel are in compliance with those conditions. The permittee shall comply with instruction made by the city's police and Fire Department Officer(s) assigned to police and ensure safety at the filming activity site. The permittee shall comply with instructions made by city employees assigned to regulate the filming activity site. (G) The permittee shall promptly clean and restore all City-owned property utilized during the filming activity to the same condition as existed prior to the filming activity. If the site is not repaired or restored to the City's satisfaction within the time stated in the permit, or, if no time is stated, within ten (10) days, the City may perform any necessary cleaning, restoration or repairs, and the permittee shall pay the cost of such cleaning, restoration, or repair. (H) The permittee shall comply with these regulations and all other policies and laws of the city and state and federal law. (A) (B) (C) (D) (E) (F) Sec. 8-15 Street Closure. The applicant for a film permit may request that the city authorize a street closure on the film permit application. A short-term encroachment permit may be granted by the City Manager or his designee provided that the public health, welfare or safety would not be endangered or affected. Sec. 8-16 pvrotechnics. During the filming of any special effect or stunt requiring the use of pyrotechnics or any material deemed hazardous by the Film Development Office including but not limited to fireworks, open flames, or explosives, the applicant must obtain all relevant and required permits from the Fire Department. Sec. 8-17 Permit Revocation or Susoension. (A) Permit Revocation -- The Film Development Office may revoke a film permit if the permittee, or any agent employee or contractor of the permittee fail to comply with the requirements set forth in Section 8-8 , or if the Film Development Office determines that the permit application was false in any material detail. (1) Notice of the grounds for revocation of the film permit shall be provided in writing by the Film Development Office to the permit applicant or person in charge at the I I I I I Orp.inance- Number /3~S- (2) location of the filming activity. Appeals of the permit revocation the manner specified in section shall be conducted in 8-18 (B) Permit SUSDension. -- The City of Seal Beach Police Department and/or Fire Department Officer assigned to police the filming activity site may suspend the film permit when the filming activity poses an immediate hazard to persons or property and the location manager will not, or cannot, prevent the hazard after being instructed to do so by the officer. (1) The grounds for the permit suspension shall be provided in writing by the Film Development Office to the permittee within one (1) business day of the suspension. (2) Appeals of the permit suspension shall be conducted in the manner specified in section 8-18 Sec. 8-18 ADDeals. (A) The permit applicant or permittee may appeal a permit denial, revocation, or suspension, permit condition, the Film Development Office's decision not to waive a deadline set forth in this Chapter or in the permit. Such appeal shall be filed with the city Manager's Office not later than five (5) business days after the date written notice of the decision is made. Failure to timely file an appeal shall result in a waiver to the ri3ht to appeal. The appeal shall be heard by the City Manager or designee. (B) Appeals of the City Manager's decisions may be made to the City Council by filing a written notice of appeal setting forth the reasons for such appeal with the city Clerk within ten (10) business days of the date of the decision(s) being appealed. PASSED, APPROVED ANC ADOP seal~ch, California, day of city Council of the City of r meeting thereof held on the , 1991. -/ 1--....-1.. 4~~ - Mayor ATTEST: ,..t.- mll~ $' f SEAL II h. :" ~O...OO~I'.fqtl~ ff~ .I'..+<.08'OIl4'#O~ l'k/~~'&-tr . 0 ~og ooCg ~_~o 0.;-1 ,.,.~ 'r'.ll ~.~Q ~~EIl 27 ~,"'''~Ol ~ ~ oo.oo~~ OUNn.' Ordinance Number ;I~~~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the f~ii~n~ ordinance is an original copy of Ordinance Number ~ on file in the office of~he City Clerk, rod~e at a regular meeting held on the O?j?!J day of , 1991, and passed, approved and adopted by t e city Council of the~i f Seal Beach aY;;t regular ~eting thereof held on th7 - day of {,6JLIA..... AIM , 1991, the followlng ot: AYES: Councilmember '~ NOES: Councilmembers ABSENT: councilmembers and do hereby further certify that Ordinance Number /JP~~ has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. I I I I I I . Ordin~nce Number /.:J#S- PROOF OF PUBLICATION (2015,5 C.C,P,) STATE OF CALIFORNIA, County of Orange Thi!1 space for for the County Clerk's Filing Stamp I am a citizen of the United States and a resident of the County afore- said; J am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter. I am the principal clerk 9f the printer of the SEAL BEACH JOURNAL, a newspaper of general circulation, printed and published wee~dv in thE' City of Seal Beach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the d!'te of ~Zf:!.., Case Number A82583; r '1t the n.: ll'~" of which the annexed I.. ! pr';,le.J copy (set in type not smaller than nonpareil), has been published In each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: ----r] 00 ~kuJ-\ i, all In the year 19JU..., I certify (or declare) under penalty of perjury that the foregoing Is true and correct. Proof of Publication of PUBLIC NOTICE/Summary Ordinance ............................ . ....... !-).9,.. !~'f.L....... I SUMMARY ~~~~ AC'TMIIE!l I Ordinance Number lf45 olllle : City 01 Seal Beach, establishing , regulations governing the Issuance I 01 permlls tlr lImilg acIiviIes willi- ! in the City and providing Ihe aulho- : rlzing lor establishing lees to recover City cosls lor services, lacllitles, and equlpmen~ was inlroduced allhe regular Clly Council meeting 01 October 28, 1991. Rm reading 01 Ordinance 'I Number ~ was epproved by the IoIowi1g vote, j AYES: - 'DOMi, ForsyiJ,e, Has1Ings. Laszlo NOES: None ABSEN'J: WIlson Motion carried I Upon review 01 proposed Ordl. nance Number li145 by the CaIIIor. nia Stale FUm Commission es to co",pliance with State IlImlng guideline.. Ordinance Number i 1445 wif be preaen1ed Illlhe CIIy I CouncU for second Illlldlng, Copies i of Ordinance Number 1345 are available in the ollice of the CIIy , Clerk. City Hall. 211-8111 Stree~ Seal Beach; lelephone (213)431- 2527_ Dated at Seal Beach, California, this ~ day Of~, 19J!L 0CJ~ur~~~ PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, C4.. 9('740 (213)430."1' ..'5 DATEO THIS 28th day 01 October, ~991 Joanne M Yeo, CiIy Clerk CIly 01 Seal Beach November 7, 1991. ?OOisI1eo n I1e Seal Beach Journal. Ordinance Number 4~~.:;' PROOF OF PUBLICATION (2015.5 C,C,P,) STATE OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the County afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter, I am the principal clerk of the printer of the SEAL BEACH JOURNAL. a newspaper of general circulation, printed and published weekly in the City of Seal Beach. County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2/24/75. Case Number A82583; that the notice of which the annexed is a printed copy (set In type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not In any supplement thereof on the following dates, to-wit: rJ.J..U/l1I.but S:-. all In the year 19j1.L I certify (or declare) under penalty of perjury that the foregoing Is true and correct. Dated at Seal Beach, California, this ~ day of [)J-(! ,19JLL S",fiw. Uwn,.) , Signature PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (213)430- 7555 This space for for the County Clerk's Filing Stamp I Proof of Publication of PUBLIC NOTICE/Summary Ordinance ............................ . ..... N~l:w-:. .I.fJ1.f:: /~ ~aJ;,iJ SUMMA~R ORDINANCE NUIIBER DR':III ATNG ACI1\/II1ES Ordinance Number 1:145 of the City 6f Seal Beach, establishing regulations governing the Issuance of pennds for'filming activities W11h. , In the City of Seal Beach and pro- ! vldlng the authonzabon to aslaG-.! Ilsh lees to recover City costs for ; services, facllibas, and equipment, was Introduced at the regular City Council meeting 01 Novembor 25, 1991. First readmg of Ordlnanco Numbor \fls. as amondod, was approvod by the following YD\Il: I AYES: Doane, Forsythe, Hastings, W2lo. Wilson NOES: None , Motion carried ' I Ordinance Number 1145 Will! ,ecolvo socond roadlng and bo considorad for adoption at the reg- ular City Council mooting of Oocombo, 9, 1991. Copios of Onllnanco NIl!Dbor 1)45 are aval~ abIoln....ofticeo1....City~ City Hall, 211-8lh S"98l, Soal Beach; 1BIophono (213) 431-25Z1, DATED THIS 26th day 01 Novem- bor, 1991. Joan... M. YBO, City CIelk City of Seal Beach Decembor'S,'!991. f'Idsh9d h hl siaJ Beach JournaL I I I I PROOF OF PUBLICATION (2015,5 C,C,P,) STATE OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the County afore- said; I am over the age of eighteen years, and not a party to or Inter- ested in the above-entitled matter. I am the prll.lclpal clerk of the printer of the S~AL B~ACH JOURNAL, a newspaper of general clr::ulatlon, printed and published weekly In the City of Seal Beach. County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2/24/75, Case Number A82583; that the notice of which the annexed Is a printed copy (set In type not smaller than nonpareil), has been published in each regular and entire Issue of said newspaper and not In any supplement thereof on the following dates, to-wit: ~~~b I CJ all In the year 19JU... I certify (or declare) under penalty of perjury that the foregoing Is true and correct. Dated at Seal Beach, California, this .19.... day of ilL. , 19JU.." 0'rd1w.- [L..:J Signature PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (213)430-7555 O'rainance Number /::!.y'S This space for for the County Clerk's Filing Stamp Proof of Publication of PUBLIC NOTICE/Summary Ordinance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,N,O,'. !'Stf-:a:. .-:-.. (j.~~p.:h~ , SUMMARY G4 0IIlJWiCE NUIEllJls . Amll..4ftlt'lFUIIII : ACTMTB . "Ordlnance Number \f4s ol1l1e . ~ of Seal Beach.! establishing 'rwguIaIIons p.nmg1he__ , 01 pennItB for liming icIMIes wfth.. ~ \he CIty of BaalIIiach and ~' vldlng \he authorfza1lcn III lI8fab.. Iish lees \II __ CIty CC8lll fo! I8IYices, .fecIIIIet, and eq~ ~ second rwadIng and _ adop18d II \he IVgUIar CIty Councl meeUng of December 9, 1991, I7t \he j:)1owIng vote: . AYES: Doane, FllIlIy1he, Ha&IIngs, Cas2lo, WIson NOES: None Motion carried , ! Copies of Ordlnence Number 1345 are available In \he oftlce 01 , the City CI,.rk, City Hall, 211-8th, Slree.. se.r Be.ch; Iel.phon. (213) 431.2527. DATED THIS 10f1 day of Decem. ber. 1991. Joenlll M. '$0, 'CIty Clerk ' CIty 01 SealI!aIdI " Ilec:embar 19. 1991, AtiIIIIICf hlle Baal Baach JoumaI.