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ORDINANCE N0. 2139
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY AMENDING SECTIONS 13. 24 . 140, 13 . 24 .150,
13 .24 .160, 13 . 24.170, 13 .24 .180 AND 13 .24 .190
THEREOF AND ADDING CHAPTER 5. 54 THERETO,
ENTITLED "MOTION PICTURE PERMIT"
The City Council of the City of Huntington Beach does
ordain as follows :
SECTION 1 . The Huntington Beach Municipal Code is hereby
amended by amending Sections 13 .24.140, 13. 24 .150, 13 . 24 .160,
13 . 24 .170, 13. 24 .180 and 13. 24 .190 thereof to read as follows :
13. 24.140 Commercial photography. No person shall take
still photographs on the beach for commercial purposes without
a permit therefor first had and obtained from the director of
harbors and beaches .
' 13. 24 .150 Photography Permit--Application. Any person
desiring to take commercial still photographs on the beach
shall apply to the director of harbors and beaches for a permit
to do so by an application in writing.
13. 24.160 Photography Permit--Application--Contents.
The application shall state the time and place for which the
permit is desired and any such information as may be required
by the director of harbors and beaches.
13. 24.170 Photography Permit--Applicant examination. Upon
receipt of any application for a permit to take still photographs,
the director of harbors and beaches may investigate and examine
the applicant or any persons named in the application.
13. 24.180 Photography--Safeguards. The director of harbors
and beaches may require such safeguards for the protection of the
public as he may deem advisable.
13. 24 .190 Fee--Insurance. A fee of Twenty-five Dollars
($25) shall be charged for still photography. Such fee shall be
payable to the director of harbors and beaches, plus any cost to
the city for any police, fire or lifeguard personnel, or main-
tenance use of city building, or any other service.
Per,,nttee shall post an insurance certificate with the city,
naming city as coinsured, such certificate to be approved by the
city attorney.
MHM:cs
1.
SECTION 2 . The Huntington Beach Municipal Code is hereby
amended by adding thereto Chapter 5. 54, entitled "Motion
Picture Permit, " to read as follows :
Chapter 5. 54
MOTION PICTURE PERMIT
5.54. 010 Permit required. No person, firm, production
company, or any other individual or entity, hereafter referred
to as permittee, shall take, film or produce any motion picture,
film, or commercial or engage in any other film production
activity which involves the use of public property as a location
site, or for any other purpose related to motion picture or
film production without first obtaining a nontransferable
motion picture permit therefor from the office of the city
administrator.
5 . 54.020 Application--Contents . The application for a
motion picture permit shall be on a form provided by the city
administrator and shall contain the following:
(a) Name of applicant;
(b) Address and telephone number of applicant;
(c ) Area within the city where activity is to take place,
including the common street address, if appropriate;
(d) Times and dates for which the permit is requested;
(e) Agreement that any use of city personnel or equipment
used in connection with the activity will be paid for by
permittee, and that the city shall be compensated for any loss
or damage to city property; and
(f) Agreement to clean and restore the property to its
condition prior to its use as a location site.
5.54. 030 Insurance. At the time application is made,
permittee shall also furnish public liability and property
damage insurance conditioned that permittee will indemnify and
save harmless the city, its officers and employees from any and
all loss, costs, damages, expenses or liability which may arise
out of or result from the granting of the permit, or the conduct
of the activity for which the permit was issued, and all loss
or damage that may be sustained by any person as a result of, or
which may be caused by or arise out of the conduct of the activity
2.
for which the permit was issued. Such policy of insurance shall
be written by an insurance company acceptable to the city, in
the sums required by resolution of the city council, and shall
be maintained in such sums at permittee's expense at all times
during the period for which the permit is in effect .
5. 54. 040 Location fee. A nonrefundable location fee
of Two Hundred Fifty Dollars ($250) shall be paid by permittee
for each day that activity is conducted on public property.
Such fee shall cover use of the property described in the
application for permit for the purpose of photographing and
recording exterior and interior scenes, including the right to
exhibit all or any part of such motion picture production
throughout the world in any manner or medium. Such fee shall
also cover the right to bring personnel and equipment, including
Props and temporary sets, onto the property described in the
application for permit, and such personnel and all equipment
belonging to said permittee shall be removed therefrom at the
time the project is completed.
5. 54. 050 Rescheduling. Times and dates, as set out in
the application, may be changed by permittee by informing the
city administrator of production rescheduling and the reasons
therefor, and requesting new dates on the motion picture permit .
. 4 . 060 Penalty. The failure of an person to comply
5 5 y y p p y
with the provisions of this chapter shall constitute unlawful
trespass upon public property, and any person committing a
violation of any provision of this chapter shall be guilty of
a misdemeanor.
SECTION 3. This ordinance shall take effect thirty days
after its adoption. The City Clerk shall certify to the passage
of this ordinance and cause same to be published within fifteen
days after adoption in the Huntington Beach News, a weekly news-
paper of general circulation, printed and published in Huntington
Beach, California.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereo _ on the 20th
day of '_December 1976.
ATTEST:
Mayor Pro Tempore
City Clerk
3
REVIEWED AND APPROVED A=OVED AS TO FORM•
C ty Administrator City AttorrVy 9 m
INITIATED AND APPROVED
AS TO CONTENT:
4 ,
Ord. No. 2139
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 6th day of December
19 76 , and was again read to said City Council at a regular
meeting thereof held on the 20th day of December 1976 , and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman
NOES: Councilmen:
None
ABSENT: Councilmen:
W ied r
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
1, Alicia M. Wentworth CITY CLERK of the
Huntington Beach and ex-officio Clerk of th
Council, do hereby certify that this ordr . c
been
�rublished in the Huntington Beach
In accordance with the City Charter of said City.
ALICIA M. MNTW RTH
1 City Clerk
Deputy,.'C ty Clark