HomeMy WebLinkAboutApprove for Introduction Ordinance No. 4087 amending Chapter Dept. ID ED 16-26 Page 1 of 2
Meeting Date:9/6/2016
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CITY OF HUNTINGTON BEACH
s._ REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 9/6/2016
SUBMITTED TO: Honorable Mayor and City Council.Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Ken Domer, Assistant City Manager
Kellee Fritzal, Deputy Director, Business Development
SUBJECT: Approve for Introduction Ordinance No. 4087 amending Chapter 5.54 of the
Huntington Beach Municipal Code (HBMC) related to Commercial Photography
Statement of Issue:
Due to an increase in filming activity and permitting, the City seeks to clarify its ordinance which
regulates and enforces commercial photography activities. Accordingly, Municipal Code Chapter
5.54 is proposed to be amended to strengthen and clarify the City's commercial photography
requirements.
Financial Impact:
There is no financial impact.
Recommended Action:
Approve for introduction Ordinance No. 4087, "An Ordinance of the City of Huntington Beach
Amending Chapter 5.54 of the Huntington Beach Municipal Code Relating to Commercial
Photography."
Alternative Action(s):
Do not approve the Ordinance and direct staff accordingly.
Analysis:
On July 5, 2016, the City Council considered Proposed Ordinance No. 4087 regarding
commercial filming and photography. Proposed Ordinance No. 4087 amends Chapter 5.54 of the
Huntington Beach Municipal Code in order to increase protections to private citizens from
unpermitted film productions that may adversely affect the community within Huntington Beach.
As a result of the first consideration, the City Council directed Staff to clarify who would or would
not be exempted from obtaining a film permit since new technologies allow for pictures and video
to be taken on different devices and uploaded instantly, among other discussion items. At the
conclusion of discussion, Council asked Staff to review other ordinances and bring it back for
further discussion and potential action.
By conducting a survey of filming ordinances throughout Los Angeles and Orange County
(including those of Newport Beach and Long Beach), and discussing industry best practices with
Location Managers who reside in Huntington Beach and/or frequently film in the City, the Office of
Business Development and City Attorney's Office made additional changes to Ordinance No.4087.
In response to City Council concerns, the ordinance includes an exemption of the film permit
requirement for photos taken as part of insurance claims, home sales, aero mapping and private
photography/filming.
Item 19. - 1 HB -718-
Dept. ID ED 16-26 Page 2 of 2
Meeting Date: 9/6/2016
Environmental Status:
Not applicable.
Strategic Plan Goal:
Strengthen economic and financial sustainability and improve the overall quality of life.
Attachment(s):
1. Ordinance No. 4087, "An Ordinance of the City of Huntington Beach Amending Chapter
5.54 of the Huntington Beach Municipal Code Relating to Commercial Photography"
2. Legislative Draft - Chapter 5.54 Regulation of Commercial Motion Picture, Television, Radio
and Commercial Photography Production
HB -719- Item 19. - 2
ATTACHMENT # 1
ORDINANCE NO. 4087
ORDINANCE NO. 4087
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 5.54 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO COMMERCIAL PHOTOGRAPHY
The City Council of the City of Huntington Beach does hereby ordain as follows:
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SECTION 1. The title of Chapter 5.54 of the Huntington Beech Municipal Code is
hereby amended to read as follows:
PERMITTING OF COMMERCIAL PHOTOGRAPHY PRODUCTION
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SECTION 2. Section 5.54.010 of the Huntington Beach Municipal Code is hereby
amended to read as follows: s
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5.54.010 Definitions f'
For purposes of this chapter, the following words and 'llrases shall have the meaning hereafter
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set forth unless a different meaning is clearly intended from the context in which such word or
phrase is used. Any word or phrase not defined shall have the meaning attributed to it in
ordinary usage.
A. "Commercial Photography" shall mean,/the capturing of single or multiple photographs,
still photography or video for sale or use for profit where photographs or recording
equipment is used on public or private property in any location in Huntington Beach.
B. "Commercial Production" shall i,°ean all activity incident to broadcasting, staging� g g g or
shooting, taping or filming commercial motion pictures, television shows, programs or
commercials, including Commercial Photography.
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C. "Personal Use" shall mean photography and/or filming that will not be used for profit.
D. "Permittee" shall mean the person or entity who receives a Photography/Film Permit.
SECTION 3. Section Y5.54.020 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.54.020 Permit Required/
A. No person shall engage in any Commercial Photography or Commercial Production
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without first receiving a Photography/Film Permit from the City. The Photography/Film
Permit must be made available by the Permittee upon demand by the City during
Commercial Photography or Commercial Production.
16-5 166/1343328/DO
ORDINANCE NO. 4087
B. This Section shall not apply to photographers or photography related o insurance claims,
home sales, persons employed by another governmental agency, or to photographers,
motion picture or television cameramen employed by a news network or news
publication, or to aerial photography, including aero mapping and/survey, where the
purpose is not to sell the photo or video.
SECTION 4. Section 5.54.030 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.54.030 Application—Contents
A written application for a Photography/Film Permit to conduct Commercial Photography or
Commercial Production by the City shall be made on a form provided by the City Manager's
Office. Photography/Film Permits will not be processed if the application is incomplete.
SECTION 5. Section 5.54.040 of the HuntingtoWB each Municipal Code shall be
amended to read as follows:
5.54.040 Insurance
Permittee shall be required to satisfy indemnification and insurance requirements as set forth in
the Photography/Film Permit.
SECTION 6. Section 5.54.050 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.54.050 Fees and Deposit
A. Prior to issuance of a Photography/Film Permit, a nonrefundable fee shall be paid to the
City as set forth in the City Fee Resolution. In the event Commercial Photography or
Commercial Production takes place on public property, additional fees may be required
in accord with the City Fee Resolution.
B. The City may also require a cash or surety bond to be provided to the City to ensure
faithful performance of the requirements of this Code.
SECTION 7. Section 5.4060 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
A
5.54.060 Reschedulinu
Dates and times, set out in the Photography/Film Permit may be changed at the request of
Permittee who shall in City Manager, or his or her authorized representative, of the need
therefor at least five worki�g days in advance of the time originally set for starting such activity.
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16-5166/134332 8/DO 2
ORDINANCE NO. 4087
SECTION 8. Section 5.54.070 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.54.070 Temporary Street Closure
If the location includes the use of a City street which may require temporary closure, the Police
Chief, Fire Chief and the Director of Public Works shall investigate and furnish the following
information to the City Manager:
A. Whether the time, duration and size of the temporary street closure will
substantially disrupt the orderly, safe move en t of other traffic;
B. Whether the concentration of persons will unduly interfere with proper fire and
police protection of or ambulance service to areas contiguous to such street
closure; 7
C. Whether there will be undue interference with the orderly operation of parks,
hospitals, churches, schools or otheripublic and quasi-public institutions in
adjacent areas;
D. Whether parking is requested to$be restricted or prohibited;
E. Whether such temporary street closure will occupy all or only a portion of a
street, and whether an intersection is involved.
The Permittee shall provide barricades and warning lights as are deemed necessary by and are
acceptable to the Director of Public Works.
SECTION 9. Section 5.54.080 of the Huntington Beach Municipal Code is hereby
repealed in its entirety.
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SECTION 10. Section 5.54.085 of the Huntington Beach Municipal Code is hereby
added to read as follows:
5.54.085 Appeal
The denial of any Photography/Film Permit may be appealed in writing to the City Manager
within five working days of the denial.
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16-5166/134332 8/DO 3
ORDINANCE NO. 4087
SECTION 11. This Ordinance shall become effective 30 days after,its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of , 2016.
Mayor
ATTEST: APPROVED AS IT,
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City Clerk` City Attorney
REVIEWED AND APPROVED: INkT1-ATED A APP OVED:
City Manager Assistant City Manager
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16-5166/134332 8/DO 4
ATTACHMENT #2
LEGISLATIVE DRAFT
HBMC CHAPTER 5.54
Chapter 5.54 PERMITTING OF COMMERCIAL PHOTOGRAPHY PRODUCTION
5.54.010 Definitions
For purposes of this chapter,the following words an�hrases shall have the meaning
hereafter set forth unless a different meaning is clearly intended from the context in which such
word or phrase is used. Any word or phrase not defined shall have the meaning attributed to it in
ordinary usage b
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2,184)
A. "Commercial Photography" shall mean the capturing of single or multiple
photographs, still photography or video for sale or use for profit where photographs or
recording equipment is used on public or private property in any location in Huntington
Beach.
B. "Commercial Production" shall mean all activity incident to broadcasting, staging
or shooting, taping or filming commercial motion pictures. television shows, programs or
commercials. including Commercial Photography.
C. "Personal Use" shall mean photography and/or filming that will not be used for
rp ofit.
D. "Permittee" shall mean the person or entity who receives a Photography/Film
Permit.
5.54.020 Permit Required
A. No person shall engage in any eCommercial Photograph or Commercial Production
without first receiving a Photograph/Film Permit from the City. The PhotogMphy/Film
Permit must be made available b the Permittee upon demand by the City during
Commercial Photography or Commercial Production. b
uses ptiblie pfepeft�, ifi this City as a laeation sitewitheut fifst applying te afid ebtaining
f emthe b > >
B. This Section shall not apply to photo raphers or photography related to insurance claims.
home salespersons employed by another governmental ag=encv or to photographers.
motion picture or television cameramen employed a maior news network or bona fide
news publication or to aerial photography, including aero mapping and survey, where the
purr ose is not to sell the photo or video.
16-5166/14253 8 1
5.54.030 Application—Contents
A written application for a Photography/Film Permit to conduct Commercial Photography or
Commercial Production by the City shall be made on a form provided by the City Managers
Office. Photography/Film Permits will not be processed if the application is incomplete.
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G. (i«...h..l;,l..b the en stfeet ..ddize �f
D.Da4es alld tifnes f r which the o ,-.it ; o es4ed;
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5.54.040 Insurance
Permittee shall be reauired to satisfy indemnification and insurance requirements as set forth in
the Photo graphv/Film Permit.:',,^ , plieant shall F,,...,ish publ;, liability,and p ., t ,a^m^ge
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less, eest, damage, e)Epense and liability whieh may afise out ef the pfopesed aefivity, and all less
of b
the fiffle the
efmit is in
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5.54.050 Fees and Deposit
A.Prior to issuance of a Photography/Film Ppermit, a nonrefundable fee shall be paid to the
City as set forth in the City Fee Resolution. In the event Commercial Photo=ra by oror
Commercial Production takes place on public property additional fees may be required in
accord with the City Fee Resolution.ae",the ^ st,.r....,.eessirg the ^ pli,.^t; t
>
the use E)f the pfepefty desefibed in the applie&tien, and to enstfize that Al
equipffie
,,,t AN Fes shall be established ham, „l..tion of the City !''e,,....;1
B.The City may also require a ca —or
surety bond to be provided to the City to ensure faithful performance of the re uirements of
16-5166/14253 8 2
this Code.a,,..esit efa feasenable stim to be fe fidnded, loss eh ,.lean,,p_and r-estefatie f
5.54.060 Rescheduling
Dates and times, set out in the Photoeraphv/Film pPermit, may be changed at the request of
pPermittee who shall inform the City Manager, or his or her authorized representative, of the
need therefor at least five working days in advance of the time originally set for starting such
activity. (2812-2/86)
5.54.070 Temporary Street Closure
If the location site includes the use of a City street which may require temporary closure, the
Police Chief, Fire Chief and the Director of Public Works shall investigate and furnish the
following information to the City Manager:
A.Whether the time, duration and size of the temporary street closure will substantially
disrupt the orderly, safe movement of other traffic;
B.Whether the concentration of persons will unduly interfere with proper fire and police
protection of or ambulance service to areas contiguous to such street closure;
C.Whether there will be undue interference with the orderly operation of parks, hospitals,
churches, schools or other public and quasi-public institutions in adjacent areas;
D.Whether parking is requested to be restricted or prohibited;
E. Whether such temporary street closure will occupy all or only a portion of a street, and
whether an intersection is involved.
The pPermittee shall provide barricades and warning lights as are deemed necessary by
and are acceptable to the Director of Public Works. (2812-2/86)
5.54.0810 Men
ovenim
phategraphy, iiieltiding b
5.54.085 Appeal
The denial of any Photography/Film Permit may be appealed in writing to the City
Mana er within five working days of the denial.
5.54.090 Penalty
The failure of any person to comply with the provisions of this chapter shall constitute unlawful
trespass on public property and shall be a misdemeanor. Upon conviction thereof, any person,
firm or corporation shall be punished for each offense by a fine not to exceed $500.00 or six
months in the county jail, or both such fine and conviction, and a separate offense shall be
deemed committed on each day during which a violation occurs or continues. (2812-2/86)
16-5166/14253 8 3
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CITY OF HUNTINGTON BEACH
INTER-DEPARTMENTAL COMMUNICATION
Office of Business Development
TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
VIA: Fred A. Wilson, City Manager
FROM: Ken Domer, Assistant City Manager
Kellee Fritzal, Deputy Director, Business Development
DATE: August 15, 2016
SUBJECT: Ordinance No. 4087 amending Huntington Beach Municipal
Code Chapter 5.54 related to commercial photography
It is recommended that the City Council continue the Introduction of Ordinance No. 4087
amending Huntington Beach Municipal Code (HBMC) Chapter 5.54 relating to commercial
photography to the meeting of September 6, 2016. City Staff was made aware of additional
changes to the ordinance language as re-drafted by the City Attorney's Office and will require
the additional time to review the current draft.
Please contact either Kellee Fritzal or myself if you have any questions or concerns regarding the
continuance. I am available at (714) 536-5236 and Kellee is available at(714) 374-I519.
70 9/�/a��/� /YI�7A
Item 19. - 1 HB -434-
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CITY OF HUNTINGTON BEACH
INTER-DEPARTMENTAL COMMUNICATION
Office of Business Development
TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
VIA: Fred A. Wilson, City Manager
FROM: Ken Domer, Assistant City Manager
Kellee Fritzal, Deputy Director, Business Development
DATE: August 1, 2016
SUBJECT: Ordinance No. 4087 amending Huntington Beach Municipal
Code (HBMC) Chapter 5.54 related to commercial photography
it is recommended that the City Council continue the Public Hearing item regarding the
amendments to the Huntington Beach Municipal Code relating to commercial photography. We
are continuing to work with the City Attorney's Office regarding language clarification. The
new City Council hearing will be August 15, 2016.
Please contact either Kellee Fritzal or myself if you have any questions or concerns regarding the
Agreement. I am available at (714) 536-5236 and Kellee is available at (714) 374-1519.
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Item 15. - 1 KB -9021-
0
CITY OF HUNTINGTON BEACH
Interdepartmental Memo
TO: Honorable Mayor and City Council
FROM: Ken Domer,Assistant City Manager
DATE: July 5, 2016
SUBJECT: Supplemental Communication for Ordinances for Introduction,Agenda Item No. 15—Approve
for Introduction Ordinance No.4087 amending Huntington Beach Municipal Code(HBMC)
Chapter 5.54 relating to commercial photography
There is a correction to the item on page three of Ordinance No.4087 as follows:
Section 5. Section 5.54.040 of the Huntington Beach Municipal Code shall be amended to read as follows:
The applicant shall furnish general public liability and property damage insurance, together with the evidence of workers'
compensation insurance, where applicable. Each party shall provide the City with proof that, its elected and appointed
officials, officers, employees, and volunteers, and all Council-appointed commissions, boards and committees shall be
defended, indemnified, and held harmless from all loss, costs, damage, expense and liability which may arise out of the
proposed activity, and all loss or damage, expense and liability which may arise out of the proposed activity, and all loss
or damage which may be sustained by any person as a result of, or which may be caused by or arise out of the conduct of
the proposed activity. All policies shall name the City, its officers, elected or appointed officials, employees, agents and
volunteers as additional insureds.
UPPL M TAL
(;OMM NICATI N
IMeeting
Agenda Item No.�
1
Dept. ID AD-16-002 Page 1 of 2
Meeting Date:7/5/2016
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t CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
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MEETING DATE: 7/5/2016
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Ken Domer, Assistant City Manager
Kellee Fritzal, Deputy Director of Economic Development
SUBJECT: Approve for Introduction Ordinance No. 4087 amending Huntington Beach
Municipal Code (HBMC) Chapter 5.54 related to commercial photography
Statement of Issue:
Due to an increase in filming activity and permitting, the City seeks to clarify its ordinance which
regulates and enforces Commercial Photography activities. Accordingly, Municipal Code Chapter
5.54 is proposed to be amended to strengthen and clarify commercial photography activities.
Financial Impact:
There is no financial impact.
Recommended Action:
Approve for introduction Ordinance No. 4087, "An Ordinance of the City of Huntington Beach
Amending Chapter 5.54 of the Huntington Beach Municipal Code Relating to Commercial
Photography."
Alternative Action(s):
Do not approve the Ordinance and direct staff accordingly.
Analysis:
The City has experienced an increase in permits for filming and photography. Due to increased
filming and types of film activities, it was determined that the current language in the Municipal
Code lacks the clarity to enable Staff to properly enforce the City's filming requirements. Proper
enforcement of commercial film activities protects residential neighborhoods and commercial areas
from undue impacts (noise, late night filming, traffic, etc.,) often associated with commercial filming.
Recent advancements of new technologies and uses, such as filming and recording at private
residences within the City of Huntington Beach, has increased. Technological improvements
include smaller and less expensive camera systems and lighting needs, to include high-resolution
miniature cameras such as handhelds and GoPros which offer commercial grade film quality.
Additionally, the explosion of reality television to include home rehabilitation, automobile repair, and
lifestyle programming has created more opportunities to utilize preferred destinations, such as
Huntington Beach, due to its proximity to Hollywood and our year-round pleasant weather. Taken
together, the technological improvements and increases in programming opportunities set forth the
need for updated commercial film regulations. The proposed change in the Municipal Code will
allow both Code Enforcement and the Police Department to effectively and efficiently regulate these
"filming" locations when responding to complaints/concerns from neighbors.
HB -337- Item 15. - 1
Dept. ID AD-16-002 Page 2 of 2
Meeting Date:7/5/2016
As an example of activities based on the current language in the Municipal Code, a homeowner
could engage in a commercial film production at their private residence without a permit.
Accordingly, no controls over the filming could be put into place in order to protect neighbors from
such activity. Currently, if neighbors complain about filming activity, the Police Department could
not enforce this section of the Code. With the amendments to the Code, the City can now enforce
the provisions on any commercial film shoot within the City, on public or private property.
Additionally, as amended the Code will now include all types of photography (e.g. still photography,
motion picture, television, radio, or photographic production).
In an effort to properly regulate commercial photography and filming the following changes are
proposed:
• Amend the title of the Municipal Code Chapter 5.54 to read, Regulation of Motion Picture,
Television, Radio and Commercial Photography Production.
• The definitions section 5.54.010 of the amendment has been expanded to include the terms
commercial photography, motion picture, TV, radio, or photography production, and still
photography.
• The application and contents section 5.54.030 will now include written approval from the
property owner if the proposed activity will take place on private property, a detailed
equipment list, and the approximate number of. people involved. The form must be
complete, signed and all documents and required information present for application.
• Insurance requirements have been updated to current standards.
• An appeal process for permit denials has been added.
• Section 5.54.050 has been amended to state that:
o Areas must be cleaned of all trash and debris and that all damage to public property
is repaired to the City's satisfaction
o The City may require cash or a surety bond be posed to ensure faithful performance
of code requirements.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Strengthen economic and financial sustainability and improve the overall quality of life.
Attachment(s):
1. Ordinance No. 4087, "An Ordinance of the City of Huntington Beach Amending Chapter
5.54 of the Huntington Beach Municipal Code Relating to Commercial Photography."
2. Legislative Draft Chapter 5.54, "Regulation of Commercial Motion Picture, Television, Radio
and Commercial Photography Production."
Item 15. - 2 HB -338-
ORDINANCE NO. 4087
AN ORDINANCE OF 'ITII CfTY OF 11UNTINGTON BEAf'H
AMENDING CI-IAF FR 5.54 OF "GLEE HUNTING- ON 13EAC1-I MUNICIPAL
CODE, Rl"LA'TING 'TO COMMERCIAL PI-10-FOGRAI'1-IY
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The City Council of the City of Fluntington Beach does hereby ordain as follows:
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SECTION 1. The title of Chapter 5.54 of the I-luntinglolYBeach Municipal Code is
hereby amended to read as follows:
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REGULATION OF COMMFRCIAI_ MOTION PICTURE, TELEVISION, RADIO
AND COMMFRCIAL PHOTOGRAPHY PRODUCTION
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SECTION 2. Section 5.54.010 of the I-Iunlingfun Beach Municipal Code is hereby
amended to read as follows:
5.54.010 Definitions
For purposes of this chapter, the following words and phrases shall have the meaning hereafter
set forth unless a different meaning is clearl.yintendcd from the c011text in which such word or
phrase is used. Any word or phrase not defined shall have the meaning atlributcd to it in
ordinary usage.
A. "Commercial or mean the use for profit or commercial
purposes, outside a studio, of electronic or film equipment, which en,iploys tape, wire or
direct transmission, film o=r some other medium, to record, project and transmit, with or
without sound, images of moving or stationary objects or persons.
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B. "Commercial Mod oil"Picture, Television, Radio or Photography Production" shall mean
all activity attendapt to broadcasting, staging or shooting, taping or Mining con-imercial
motion pictures, television shows. programs or commercials, and the taking of single or
multiple photogi aphs for sale or use for commercial purpose where the photographer
takes photos of uses recording equipment on public or private property, or public right of
way, in any one location for Longer than five consecutive Minutes.
C. "Still Plho,.tography" shall mean all activity attendant to producing images on a sensitized
surface by the action of light or other radiant energy.
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DO 16-5166/13d332 2
SEGHON 3. Section 5.54.020 of the I luntington Beach Municipal Code is 1170y
amended to read as follows:
5.54.020 Permit Kequired h
No person shall engage in any commercial or professional photography, still photography, or
motion picture, television, radio or photographic production on any public g►" private property for
any commercial purpose without first receiving a permit from the City to do so. Any permit
granted must be onsite at all lines and made available upon demand by,the City.
SFCT,ION 4. Section 5.54.030 of the Huntington Beach Mur'iicipal Code is hereby
amended to read as follows:
5.54.030 Application—Contents r'
A written application shall be made on the form provided by'the City Manager's Office. The
form must be complete, signed and have all required int-or►"iiation and documents requested. The
following information shall be required to be contained oil the form:
A. Full name of applicant and any authorized agent,
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B, Address and telephone number(s) of applicant and any authorized agcnt who will be
responsible for and in charge of the activity conducted;
C. A full description of the nature and location, including street adchMss, of the proposed
activity:
D. Date(s), time(s) and hour(s) whenithe proposed activity will begin and end;
F. The approximate nuinber of persons who will be involved in the proposed activity;
F. A list of major equipment to be used, including, but not lin►ited to vehicles, cameras,
and/or lights; and
G. Written approval of the property owner if the proposed activity is to take place on private
property; and
1-I. An agreement that,the City shall be reimbursed for all City personnel and equipment used
in connection with the proposed activity; mid
I. Any other inforirration which the City may deem necessary.
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DO 16-5 166/1343322
ORDINANCE NO. 4087
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SECTION 5. Section 5.54.040 of the l luntington Beach Municipal Code sl all be
amended to read as follows:
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5.54.040 Insurance
The applicant shall furnish general public liability and property clamagpInsurance, together with
evidence ol workers compensation insurance, where applicable. Elach party shall provide the
City, its electecl- nd appointed officials. officers, employees, and v,6lunteers, and all Council-
appo1:5 commissions, boards and committees shall be defended, indemnilied, and held
harmless from all loss, costs, damage, expense and liability which may arise out of the proposed
activity, and all loss or claniage which may be sustained by any person as a result of, or wlhicl
may be caused by or arise out of the conduct of the proposed activity. All policies shall ame
City, its officers, elected or appointed officials, employees, agents and volunteers as additiona
insureds. The applicant shall execute a hold harmless/agreement as provided by the City prior to
the issuance of any permit. Such insurance shall be/written with an insurance company licensed
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to do business in the State of California, in an amount established by Resolution of the City
Council. Such insurance shall be at the applicant's sole expense and shall remain in force during
the time the permit is in effect..
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SECTION 6. Section 5,54.050 of,"ihe I-IuntingtonBeach Municipal Code is hereby
amended to read as follows:
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5.54.050 Fees and Deposit
A. Prior to issuance of a pern,lit. a nonrefundable fee shall be paid to defray the cost off
proeessing the application, to cover the use of the property described in the application, to
ensure that all equipment belonging to the permittee is removed, that the area is cleaned
of all trash and debris, and that all damage to public property is repaired to the City's
satisfaction. An additional 1-ee shall be required in the event (lie applicant requests the use
of any City personnel and equipment. All fees shall be established by Resolution of the
City Council.
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B. The City ma)' also require a cash or surety bond of a reasonable amount be posted with
the City to/ensure faithful performance of the requirements of this code.
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SECTION 7. Section 5,54.085 ofthe Huntington Beach Municipal Code is hereby
added to read/as follows:
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5.54.085 Atxppeal
The deri'al of any permit may be appealed in writing to the Cily Manager within five working
clays of lie denial.
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DO 16-5 166/1343322
ORDINANCE NO. 4087
SECTION 8. This Ordinance shall become effective 30 clays after its ad4tion.
PASSED AND ADOPTED by the City Council of the City of 11 11 i.ngto11 Beach at a
regular meeting thereof held on the day of- ° . 2016.
Mayor
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ATTEST: APPROVf�D AS TO FORM:
City Clerk ` City Attorney Oho S1-z-Il -0
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REVIEWED AND APPROVF,D: '1 ATE[7 AnAlllll� :
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City Manager Assistant �7�Manager
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DO 16-5 166/1343322
LEGISLATIVE DRAFT
CHAPTER 5.54
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Chapter 5.54 REGULATION OF COMMERCIAL MOTION PICTURE TELEVISION, RADIO
AND COMMERCIAL PHOTOGRAPHY PRODUCTION
5.54.010 Definitions
,whieh .Eli-feet t fi1.,, r.tt,o o`h to fd and with ef
For poses of this chapter. the followinC7 words an&phrases shall have the meaning,
hereafter set forth unless a different meaning is clearly intended from the context in
Which such word or phrase is used. Any word or t hrase not defined shall have the
meaning, attributed to it in ordinary usag,e. �
A. "Commercial or Professional Photog,raphv' shall mean the use for profit or
commercial purooses. outside a studio. of electronic or film equipment. which
employs tape wire or direct transmission. film or some other medium. to record.
project and transmit, with or without sound. images of moving, or s_tationary
objects or persons.
B. "Commercial Motion Picture. Television. Radio or Photograpy Production" shall
mean all activity attendant to broadcasting. staging, or shooting. taping, or filming
commercial motion piqtures. television shows. prograrris or commercials. and the
taking, of single or multiple photographs for sale or use for commercial pumose
where the photog,rapheitakes photos or uses recording, equipment on public or
private property, or public right of way, in any one location for long,er than five
consecutive minutes.�
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C. "Still Photog,raphv" shall mean all activity attendant to producing, images on a
sensitized surface by the action of light or other radiant energy.
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5.54.020 Permit Required
No person shall enaaoe in any commercial or professional photography still Dhoto<rra��. or
motion picture,television. radio or photo raphic production on any..hi uses public or private
property for any commercial purpose without first receivin a-permit from the Citv to do sow this
au zed repfesqittaiive, a peffnit thefef . Anypermit Granted must be onsite at all times and
made available upon demand by the Citv.
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DO 16-5166/134421 1 ' °, : `
5.54.030 Application-Contents
A written application shall be made on atbe form provided by the Ciry Manager's=sffice.-ate
shall ,.,,,,taro rheThe form must be corlete� si�*ned and_have_all regwred informat on and
documents requested. tThe followin�Q information shall be required to be contaai�ed on the form:
-  — - - -A.Full.Nname of applicant and 4sarry authorized agent:
B.Address and telephone numbers of applicant and itsam,authorized,aaeut who will be
responsible for and in char-e of the activity conducted:
C.A full description of the nature and location fincludM,the eei�3en street address,if
applieabie) of the proposed activity:
D.Datesfsl times and 6ffte5hours when the proposed
activin7 will be6n and end:
E. , _ ._
used in eepqeetieii • 'ith sueh aetivityThe approximate number of persons who will be
involved in the proposed activity;
F. . _ A list of
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ma�oreQuipment to he usedncludin�. but not limited to vehicles. carneras_ar d/or lhts;
- - — vehicles. -
and
G.,
fm»eem. neeeSsafy. (281 2 2186)Written approval of the DroPern owner if the Droposed
activity is to take place on privatepronerh and
H. Ann a_Ureement that the City shall be reimbursed for all City personnel and equipment
used in connection with the proposed activih,': and
I. Amy other information which the Citv,mav deem necessary.
5.54.040 Insurance
The applicant shall furnish general public liability and property damage insurance,together with
evidence of workers' compensation eevoageinnsurance. where applicable__Each party shall
provide the City; its elective and appointweed officials. officers, employees, and volunteers and
all Council-appointed commissions. boards and committees shall be defended. indemnified and
held harmless from all loss, costs, damage, expense and liability which may arise out of the
proposed activity, and all loss or damage which may be sustained by any person as a result of. or
which may be caused by or arise out of the conduct of st"the proposed activity. All policies
shall name Cit
A, its officers. elected or appointed officials. emplovees agents and volunteers as
additional insureds. The applicant shall execute a hold harmless agreement as provided by the
City prior to the issuance of anv_permit. Such insurance shall be written o*with an insurance
company licensed to do business in the State of California. in
the GkY ^,.-e ffiey and in an amount established by rResolution of the City Council. Such
insurance shall be at the pew"sanplicant's sole expense and shall remain in force during the
time the permit is in effect.42)8 12-2/86)
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5.54.050 Fees and Deposit
DO 16-5 166/134421 2
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A.Prior to issuance of a permit, a nonrefundable fee shall be paid to defray the cost of
processing the application,to cover the use of the property described in the application; to
ensure that all equipment belonging to the permittee is removed, ut the
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aetivity that the area is cleaned of all trash and debris. and that all danage tublic property
is remaired to the Citv's satisfaction.An additional fee shall be required in the event
teethe a 1pp icant requests the use of any City personnel and equipment. All fees shall
be established by rResolution of the City Council.
B.The City Maflagef, , may also require i a
sure bond of a reasonable amount bested with the City tes ensure fai#lifter ormance
of thee requirements of this code_i� e nTb` refatided sialel' eleanap and fatien of
the laeatia.. site ; peff6f ffled b„�he (2812-2/86)
5.54.085 Anneal
The denial of any permit may be appealed in writing, to the City Manager within five
working days of the denial.
DO 16-5 166/1 4421 3
9/6/2016
City of Huntington Beac
9/6/2016
ORDINANCE 4087 -
COMMERCIAL PHOTOGRAPH
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Municipal Code Chapter 5.54
o Requires a film permit for any commercia
or professional filming on public property
o No changes to Ordinance since 1986
✓ Complaints regarding commercial filming
in residential neighborhoods
Meeft : --
Agenda Item
9/6/2016
Ordinance No. 4087
o Staff surveyed commercial filming
ordinances throughout the state, and
recommended changes to Chapter 5.54
o Council requested increased clarification
into what groups would be exempt from
being required to needing a film permit
Current Municipal Code
o Limited definition for "Commercial or
Professional Photography"
o Does not define "Personal Use"
o Limited exemptions for governmental,
news media & aerial mapping.
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9/6/2016
Recommended Changes
o "Commercial Photography" and
"Commercial Production" are separated
from "Personal Use"
o "Personal Use" is defined as
"photography and/or filming that will not
be used for profit" (profit is considered in a
commercial sense)
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Permit Required '# f
o Exempts insurance claims, home salesug
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(real estate), governmental agencies,
bona fide news publications, aerial
mapping, and productions where the mm
purpose is not to sell the photo or video
• Exempts photography for "Personal Use"
from the film permit requirement
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9/6/2016
Example (with amendments)
o Hiring a photographer for family
photos/portraits/weddings/birthdays
(public or private property) - does not
require a film permit. These photos are
for "personal use," not commercial use.
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Esparza, Patty
From: Dombo, Johanna
Sent: Friday, September 02, 2016 8:21 AM
To: Agenda Comment
Cc: Fikes, Cathy; CITY COUNCIL
Subject: FW: Commercial Photography- Item 19 on the Agenda
AGENDA COMMENT
.. SUPPLEMENTAL
From: Gino J. Bruno [mailto:gbruno@socal.rr.com]
Sent:Thursday, September 01, 2016 9:37 PM COMMUNICATION
To: CITY COUNCIL
Cc:Wilson, Fred; Gates, Michael Ong Date: 14�
Subject: Commercial Photography- Item 19 on the Agenda
Agenda Item No.: r2
TO: Huntington Beach City Council members --
Many of us complain about how much Washington and Sacramento get into our lives daily. Look
what City Hall on Main Street now wants to do to us. Why? For no purpose other than to raise
money!
Item 19 on Tuesday's City Council Agenda will require that, if you hire a commercial photographer to
come to your home to take a family portrait, or photograph your family standing in front of your
Christmas tree, or take pictures of one of your kids on prom night, or video a birthday celebration in
your back yard, THE PHOTOGRAPHER WILL NEED TO GET A CITY PERMIT! And pay a FEE!
Under the proposed Ordinance 4087, "Commercial Photography" is defined to mean taking
photographs "for sale or use for profit" "on public or PRIVATE PROPERTY in ANY location in
Huntington Beach." [Emphasis supplied]
What business is that of the city? Street closures for TV filming? Yes, of course . . . but not pictures
of the newborn baby in its nursery taken by a commercial photographer, but this proposed Ordinance
would cover these situations that would have absolutely no impact on the city!
Except the city wants money!
Please direct the City Manager, in collaboration with the City Attorney, to rework this proposed
Ordinance, such that the city does not intrude further and unnecessarily into our private lives.
Thank you.
Gino J. Bruno
Huntington Beach
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