sr-021412-7bCity of City Council Report
Santa Monica
City Council Meeting: February 14, 2012
Agenda Item: 7--b
To: Mayor and City Council
From: Marsha Jones Moutrie, City Attorney
Subject: Centralizing Permitting Authority for Event and Film Permits; Ordinance
Amending Santa Monica Municipal Code By Modifying the Community
Event Permit Threshold and Establishing Centralized Authority for Issuing
Film Permits
Recommended Action
Staff recommends that the City Council:
(1) review staffs plans for centralizing permitting authority for event and film permits;
and
(2) introduce for first reading the attached ordinance establishing authority to issue film
permits and lowering the Community Event Permit threshold for events on the Third
Street Promenade from 150 to 75 people attending the event.
Executive Summary
Staff proposes amendments to the Santa Monica Municipal Code (Code) and
reallocation of responsibilities for permitting events and filming activities in order to
enhance efficiency and consistency through increased centralization of the permitting
functions. The Code currently includes no general authorization for the issuance of
permits for filming that occurs upon or significantly impacts City property. The only
current code provision on filming authorizes Airport staff to permit filming activities at the
Airport. In practice, film permits are issued by two City divisions and also by Downtown
Santa Monica, Inc. (DTSM, Inc.). The attached ordinance addresses this situation by
conferring such general authority on City staff and deleting an existing film permit
section that applies to the Airport only.
Additionally, the ordinance would lower the event permit threshold for the Third Street
Promenade from 150 people to 75 people in recognition of the unique physical
constraints of that venue, its limited entrances and exits, and the very large crowds that
it attracts. In practice, DTSM, Inc. has been issuing permits for events falling below the
current 150 threshold. With the proposed change in the ordinance, all permits for
community events would be issued by events staff in Community & Cultural Services;
however, DTSM, Inc. would continue to serve as the first contact for permit applicants
and would monitor the events, much as the Pier Restoration Corporation (PRC)
presently does for events on the Pier. In addition to increasing efficiency and
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consistency, staff anticipates that these proposed changes will help ensure compliance
with the complex legal requirements applicable to private use of public space.
Background
Permits for filming are currently issued by several groups working for or with the City.
For decades, staff in Public Works has issued permits authorizing commercial filming
that either occurs on public property or impacts it. However, no local law creates or
authorizes these permits or establishes standards for their issuance, except as to the
Santa Monica Airport, which is covered by a specific Code provision requiring a permit
to engage in commercial filming and photography on the Airport. The current version of
this provision, adopted in 1985, makes it a misdemeanor to "take still, motion, video or
sound pictures for commercial purposes on the Airport without a use permit approved
by the Airport Director." (S.M.M.C. Section 10.04.06.200.) Despite the lack of general
authorization to permit filming, the City Council has routinely set filming fees through the
adoption of omnibus permit fee resolutions. In recent years, DTSM, Inc. also began
issuing film permits and charging for filming on the Promenade. In contrast, the PRC
received film permit applications for the Pier, but the City has issued the permits.
Event permitting is also not fully centralized at present; but it is well - grounded in law. In
2000, the City Council adopted a community event policy. And, the following year,
Council adopted a comprehensive Community Events Ordinance. S.M.M.C. Chapter
4.68. This law includes a statement of purpose which reflects recognition of both the
value of community events and of the importance (and challenges) of regulating use of
public space in a manner that furthers the community's interests by allowing for events
but also protects individual rights, especially First Amendment rights. See S.M.M.C.
4.68.010. In 2003, the City was sued by Santa Monica Food Not Bombs and other
groups, who challenged the facial validity of the Community Events Law, claiming that
the City's system for allocating the use of public space violated their First Amendment
rights (and other rights) in a number of ways. The City eventually prevailed on all but
two very minor claims, and City staff has continued to successfully apply its Community
Events Ordinance in the years since. That ordinance requires a permit for most events
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occurring on public property that involve more than 150 people. There are exceptions,
including exceptions for certain expressive activities conducted in a manner that does
not interfere with public use of the property during the event. In recent years, DTSM,
Inc. began issuing permits for events on the Third Street Promenade involving less than
150 people. Some of those events, though smaller, fell within the definition of
Community Events; others were primarily promotional and many of those would have
been classified as vending, under the applicable code provisions.
In June 2005, in conjunction with the adoption of the annual budget, Council passed a
resolution setting fees for special events within the Bayside District. That resolution,
No. 10045, establishes "use fees" for sampling, stationary displays, multiple stationary
displays, full production events, auto shows, and festivals. These fees range between
$1500 and $3800 per day. This was one of many fees set through the budgeting
process and was neither discussed by Council nor specifically noted on the agenda.
The resolution mentions in the findings that "effective production of special events
requires the involvement of the Bayside District Corporation (BDC) to coordinate the
event." However, the resolution does not authorize the organization to impose or collect
fees or to retain them; nor had (or has) Council granted such authorization.
Therefore, on June 23, 2009, staff supplied and Council considered an ordinance that
would have authorized the BDC's existing practice of issuing event permits for events
involving between 75 and 150 participants and would have given the same authority to
the Pier Restoration Corporation (PRC) to issue permits for Pier events. That 2009 staff
report explained that the special physical circumstances of the Pier and the Third Street
Promenade warranted a permit requirement for events below the City permit threshold
of 150 participants. The report also explained that, under the proposed ordinance, the
PRC and the BDC would apply the same standards as City staff applies in administering
the Community Events Law for events requiring a City permit. Finally, the report
explained that, given the restrictions imposed by First Amendment case law, staff
recommended against authorizing the issuance of permits for events with less than 75
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participants. Because no representative of the BDC was present at the meeting,
Council postponed action on the ordinance in order to allow the receipt of the
corporation's input.
Since then, the BDC became DTSM, Inc., and its activities expanded with the adoption
of an assessment district covering the Third Street Promenade and surrounding areas
of the Downtown. DTSM, Inc, continued to issue permits for a variety of events
including actual community events and promotions, retaining the fees for some events
as revenue to the corporation. Last fiscal year, for example, DTSM, Inc. advises that it
issued permits for 47 events and that it waived fees for 21 of them. (DTSM, Inc.
explains that it waives fees for events involving children, youth and schools.) Many of
these events provided classic public entertainment and education. Examples include
concerts put on by school groups or bands. Other events were promotional. One
example of a promotional event involved a corporation installing two floored and wired
tents on the Promenade for several weeks to advertise a new 3 -D computer game by
allowing potential consumers to test the game. Questions arose as to whether this type
of event conforms to City guidelines for events occupying space on public streets and to
legal requirements prohibiting the privatization of public property -- though other events
permitted by DTSM, Inc. conform to guidelines and requirements.
During that same time period, the PRC developed a different approach to handling
events on the Pier. Like DTSM, Inc., the PRC relies upon events to generate revenue.
However, the PRC does not issue any event permits; nor, at this time, does it wish to do
so. Instead, the PRC works with event producers, explaining the City permit
requirements and making arrangements to rent space and equipment and to supply
services for a charge. Once the producer has completed these arrangements with the
PRC, the producer obtains a Community Events Permit from the City. PRC staff reports
that this approach works well for the Pier.
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Discussion
The proposed ordinance would lower the event permit threshold to 75 people for the
Promenade and thereby better address concerns about safety and aesthetics. Legal
staff continues to believe that, under current case law, the special circumstances of the
venue warrants this lowered threshold. In summary, the Promenade is akin to a three -
block long, outdoor room, walled in by the buildings along either side of the pedestrian
street. It is subject to extreme crowding but has limited ingress and egress. Moreover,
pedestrian circulation is hampered by street enhancements, including furniture, trees,
statuary, and structures. Emergency access is limited. Those special circumstances
have been discussed and noted by Council many times, and they have repeatedly
served as the basis for special regulations adopted by Council to protect pedestrian
circulation and emergency ingress and egress, among other things.
Adoption of this ordinance would leave the general event permit threshold unchanged.
Thus, for other public property, including City parks and the Pier, the current permit
threshold of 150 would remain in effect. Based on the case law, legal staff continues to
recommend against lowering the city -wide threshold. Moreover, staff recommends
against adopting a threshold for the Third Street Promenade that is lower than 75.
Requiring permits for certain kinds of events below that threshold carries significant
legal risks that are noteworthy given the Ninth Circuit's extremely rigorous protection of
First Amendment rights and the close scrutiny it has given to municipal laws regulating
expressive activities occurring on streets and in parks.
The ordinance also provides a general authorization for City staff in Public Works to
issue film permits consistent with basic standards that ensure the permitting process
would safeguard public safety and welfare. Basically, the ordinance authorizes current
practices and clarifies existing standards. It recognizes distinctions between
commercial and noncommercial filming. It also creates new exemptions from film
permit requirements for student filming that does not require placement of equipment on
public property, and for governmental agencies. In addition, the ordinance authorizes
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the Director of Public Works to adopt administrative regulations to ensure that filming
activities do not unreasonably interfere with public peace, quiet enjoyment, health, and
safety. The regulations will address traffic, parking, and access to public property and
facilities, among other things. The Public Works Department intends to use their current
filming guidelines, which have functioned well, as the basis for the new administrative
regulations. Finally, the ordinance would delete the Code section that presently
delegates to Airport staff authority to issue film permits because that section would
become unnecessary since film permitting at the Airport will be centrally administered.
If the ordinance is adopted, City management would take the steps necessary to
centralize and consolidate film and event permitting. Staff has already met with
management personnel from DTSM, Inc. to obtain information and identify ways to
address their issues and concerns. DTSM, Inc. would remain involved in the permitting
process. They would be the first point of contact for persons seeking event permits for
the Promenade. They would also monitor events for compliance with permit conditions,
and offer equipment for event rental. However, actual permit issuance would be
handled by City staff well- acquainted with the City's laws and guidelines. This
consolidation of permitting would ensure consistency in application of local law and
compliance with the complex requirements imposed by First Amendment case law.
DTSM, Inc. has expressed the concern that there would be fewer events on the
Promenade as a result of the elimination of predominantly promotional events.
However, businesses can opt to sponsor events (as many do now) and can engage in
promotional activities /vending so long as they are in conjunction with and ancillary to
entertainment, education and cultural enrichment. DTSM, Inc. has also expressed
concern about loss of revenue. Staff would monitor developments in this area and
continue to work cooperatively to address issues as they arise within the boundaries of
law and policy.
Alternatives
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In lieu of approving the attached ordinance, Council could conclude that no permits
should be required for events on the Promenade involving fewer than 150 people.
Legal staff does not support that alternative, especially during peak hours when the
space is very crowded and managing event scheduling is therefore particularly
important. Additionally, in the future, Council may wish to consider whether fees
charged for all or some uses of the public street should be limited to actual costs and
whether, if the charges can lawfully exceed costs and therefore generate revenue, how
and by what entity that revenue should be used.
Financial Impacts & Budget Actions
Approval and adoption of the proposed ordinance would, in itself, have no direct
financial impacts upon the City. However, the related actions to consolidate the
permitting processes will. In particular, lowering the event threshold for the Promenade
would increase the workload of City events staff and would therefore require adding a .5
FTE as- needed Administrative Staff Assistant. Revenue received from the additional
Community Event Permit fees would be seen in account number 015446.407210 and
would cover a portion of the increased staffing cost. The remainder would be handled
through departmental savings during Fiscal Year 2011 -12 and the department will seek
on -going funding for the position during the Fiscal Year 2012 -13 budget process.
Prepared by: Marsha Jones Moutrie, City Attorney
Approved:
Forwarded to Council:
J ig 11$ 17 w4x
Mare a Jon moutrie i Rod Gould
City torne7j City Manager
Attachments: Proposed Ordinance
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City Council Meeting: 02 -14 -2012 Santa Monica, California
ORDINANCE NO. (CCS)
(CITY COUNCIL SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTION 4.68.040 OF THE COMMUNITY EVENTS ORDINANCE TO
ESTABLISH A PERMIT REQUIREMENT FOR ACTIVITIES OR EVENTS OF
SEVENTY -FIVE OR MORE PERSONS ON THE CITY'S THIRD STREET
PROMENADE, ADDING CHAPTER 6.110 TO ARTICLE VI OF THE SANTA MONICA
MUNICIPAL CODE ESTABLISHING FILM PERMIT REQUIREMENTS, AND
DELETING SECTION 10.04.06.200 GOVERNING FILMING AT THE AIRPORT
WHEREAS, the City of Santa Monica is a small, extremely dense, older coastal
city consisting of just 8 square miles bordered on one side by the Pacific Ocean and on
three sides by the City of Los Angeles; and
WHEREAS, the City's population is approximately 90,000; and
WHEREAS, in addition to its large residential population for its geographic size,
the City is a very desirable place to work and visit; and
WHEREAS, on weekdays, approximately 300,000 people are present within the
City and on weekends the number swells to as high as 500,000 people; and
WHEREAS, on May 8, 2001, the City Council adopted Ordinance Number 2008
(CCS), adding Chapter 4.68 to the Santa Monica Municipal Code, the Community
Events Code; and
WHEREAS, the Community Events Code provides a coordinated process for
managing community events to ensure the health and safety of event patrons,
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residents, workers, and other visitors, to prohibit illegal activities from occurring at
community events, and to protect the rights of community event permit holders; and
WHEREAS, community events are, by definition, atypical and not necessarily
anticipated or appropriately regulated by existing citywide ordinances; and
WHEREAS, the City regulates community events for the same reasons that it
regulates land uses: to protect the health, safety, and public welfare by regulating traffic,
noise, aesthetics, and other impacts;
WHEREAS, community events often require the provision of public services,
including police, fire, transportation, and public works and additional maintenance of the
facilities they use; and
WHEREAS, community events often use facilities that would otherwise be
available to the public or generate revenue to the City; and
WHEREAS, managing community events requires ensuring that they are
compatible in size and type of use with their sites, adequate services are provided for
the events, adequate cost recovery for these services is achieved, the events do not
interfere with the City's ability to provide services to the entire community, and the
impacts on neighbors and others are minimized; and
WHEREAS, the City's most popular public space in the downtown business
district is the Third Street Promenade and maintaining safe circulation on the
Promenade is an ongoing challenge; and
WHEREAS, the Promenade is a three - block -long portion of a public street which
the City closed to all but emergency vehicular traffic and improved with plants, statuary,
fountains, and lighting to create an attractive, entertainment- oriented pedestrian mall in
order to revitalize the downtown business district; and
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WHEREAS, except for its heavily - traveled cross streets and certain narrow
alleyways, the Promenade is enclosed on both sides by two - and three -story structures;
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WHEREAS, concerns about maintaining the security of this popular public space
has continued to grow with heightened world conflict and attendant concerns about
terrorism: and
WHEREAS, the City's safety personnel are cognizant of the need to remain
vigilant and so have increased efforts to protect ingress and egress from public spaces
and monitor property placed in public spaces; and
WHEREAS, emergency vehicle access to the Promenade is by way of a narrow
single lane that runs down the center of the Promenade or by way of the narrow but
heavily utilized alleys behind the buildings that line the Promenade; and
WHEREAS, for purposes of preserving public safety in the event of an
emergency, the City's Fire Marshal has evaluated the Promenade as an "outdoor
enclosure" and has calculated the maximum occupancy load as approximately 5,000
persons per block; and
WHEREAS, in recent years, the huge crowds attracted the Promenade often
exceed this load capacity; and
WHEREAS, this number does not include the thousands of people inside the
many theaters, restaurants, and retail establishments who would flood onto the
Promenade in an emergency; and
WHEREAS, the precise time periods when the Promenade will be very crowded
have become extremely difficult to predict because of the large number of special
events occurring in the City and region, which often attract very large numbers of
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visitors to the Promenade on days and evenings other than weekends and holidays;
and
WHEREAS, maintaining public safety on the Promenade presents special
challenges to the City's public safety personnel, particularly in times of emergency,
because of the very large crowds, narrow roadways, limited ingress and egress, and
fixed impediments to circulation; and
WHEREAS, due to the unique physical conditions of the Promenade and the
very large crowds that frequent it, as detailed above, it is necessary that the threshold
for issuance of a community event permit be established at 75 persons rather than the
150 - persons threshold for all other City properties; and
WHEREAS, the City's parks, beaches, streets, community and recreational
facilities, residential neighborhoods, commercial districts, Santa Monica Pier, and
landmarks are popular locations for photography and filming activities; and
WHEREAS, various photography and filming activities that take place in the City
often require equipment and personnel that may disrupt traffic and pedestrian circulation
by blocking the public right of way, impacting parking availability, and blocking access to
or use of the City's parks, beaches, streets, and other public property and facilities,
thereby affecting the public health, safety, and general welfare; and
WHEREAS, in order to mitigate the effects of photography and filming activities
on residents, visitors, traffic and pedestrian circulation, and accessibility to public
property and community and recreational facilities, and thereby promote the public
health, safety, and general welfare, the City Council wishes to establish certain
procedures and requirements relating to photography and filming activities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
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DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 4.68.040 is hereby amended
to read as follows:
4.68.040 Permit Required.
Except as otherwise provided by this Chapter or other applicable law, rule or
regulation or any permit or license issued hereunder or pursuant to the terms of a
permit, lease, or contract which has been specifically authorized by the City Council, a
Community Event Permit shall be required to be obtained from the Community Event
Committee for the following activities:
(a) A parade, procession, march or assembly consisting of persons, animals,
vehicles, or any other combination thereof, which is to assemble or travel in unison on
any public street, highway, alley, sidewalk or other City- designated public way and
which either (1) may impede, obstruct, impair or interfere with free use of such public
street, highway, alley, sidewalk, or other public way owned, controlled, or maintained by
the City or (2) does not comply with normal or usual traffic regulations or controls;
(b) Any activity or event i elvii ;^ ene hundred fifty er more persons on City
owned, controlled, or maintained property not subject to the requirements of subsection
(a) of this Section involving one hundred fifty or more persons or involving seventy -five
or more persons on the Santa Monica Third Street Promenade;
(c) Any activity or event on public property which requires the placement of a
tent, canopy, or other temporary structure if that placement requires a permit from the
City's Fire Department or Building and Safety.. Division.
(d) Notwithstanding the above, events at facilities located on City property that
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are predominately used and approved by the Fire Department or the Building
Department as assembly spaces do not require a Community Event Permit so long as
such events do not require a street closure or traffic diversion or require the use of other
public property that does not constitute an assembly space. For purposes of this
subsection, assembly spaces include, but are not limited to, the Civic Auditorium, the
Pier Carousel, City park buildings, Annenberg Community Beach House, and Miles
Memorial Playhouse.
(e) School grounds and other property owned by the Santa Monica Unified
School District and the Santa Monica College are exempt from the requirements of this
Chapter.
(f) Spontaneous events which are occasioned by news or affairs coming into
public knowledge less than forty -eight hours prior to such event may be conducted on
the lawn of City Hall without the organizers first having to obtain a Community Event
Permit. If practicable, the organizers should give notice to the City' s Community Events
Office at least four hours prior to the event informing the City of the date and time of the
event and providing an estimate of the approximate number of persons who will be
participating.
Events which require advance planning such as recreation events,
competition /contests /spectator sports, fairs, festivals, carnivals, ticketed events,
sales /trade shows or events which require a permit from Building and Safety or the Fire
Department for the placement of structures shall not be considered to be spontaneous
events.
Departmental service charges may still be incurred for events undertaken
pursuant to this subsection to the extent otherwise authorized by this Chapter and the
administrative guidelines adopted pursuant to this Chapter.
SECTION 2. Chapter 6.110 is hereby added to Article VI of the Santa Monica
Municipal Code to read in its entirety as follows:
Section 6.110.010 Purpose.
The film permit requirements established in this Chapter are intended to facilitate
filming videotaping photographing, and other visual recording activities within the City,
whether on public or private property, in a manner that does not unreasonably interfere
with the public peace quiet enloyment health and safety, including traffic, parking, and
pedestrian circulation and the use of or access to public property and facilities, or
unreasonably endanger any property.
Section 6.110.020 Definitions.
For the purposes of this Chapter certain words and phrases are defined and
certain provisions shall be construed as herein set forth unless it is apparent from the
context that a different meaning is intended.
(a) "Filming" shall mean and include all activity related to the taking of any still
photographs and to the staging videotaping or filming of motion pictures, television
shows or programs serials commercials music videos internet productions, print
advertisement training or educational videos and to any other type of visual recording
process.
"Commercial filming" shall mean filming for the primary purpose of
commercial use sale or distribution including but not limited to filming done for
compensation, the expectation of compensation or advertising on any medium.
(c) "Non- Profit organization" shall mean an organization that qualifies under
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Section 501(cc)(3) of the Internal Revenue Code as a charitable organization, provided
that no person directly or indirectly receives a profit from the production marketing or
distribution of non - profit films or photography.
(d) "Student' shall mean an individual enrolled in a recognized educational
institution and who is conducting filming for purposes of a class project assignment or
other school requirement.
City.
Section 6.110.030 Film Permit Required.
(a) No person shall conduct any filming in the City without a permit issued by the
(b) This Chapter does not apply to:
(1) Filming conducted solely for non - commercial purposes including but not
limited to personal private or family use which does not require the placement of
equipment parking of vehicles, or other use or control of public property to the
exclusion of others;
(2) Filminq for news media, including but not limited to newspapers, magazines,
news services broadcast stations television or cable news shows internet news
programs and similar news media for the primarV purpose of disseminating news
recent events, and other current, public affairs;
(3) Filming conducted entirely on or within private property, which does not
require the placement of equipment, parking of vehicles, or other use or control of public
property to the exclusion of others;
(4) Filming conducted entirely within the premises of a validly permitted motion
picture television radio, or photography production studio;
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(5) Filming at the Santa Monica Civic Auditorium or the Annenberg Community
Beach House;
(6) Filming by or for the City or other governmental agencies; and
(7) Student filming that does not require the placement of equipment, parking of
vehicles or other use or control of public property to the exclusion of others.
Section 6.110.040 Film Permit Application and Issuance.
(a) Each film permit application shall be in a form provided by the City and must
be completed in full and filed with the Director of Public Works or his or her designee.
(b) Prior to issuance of a film permit the Director of Public Works may, as he or
she deems necessary from the application, refer the application to other City
departments that may be impacted by the proposed filming for the departments' review,
evaluation and recommendation to approve or disapprove the application.
(c) The Director of Public Works or his or her designee shall issue a film permit in
accordance with this Chapter provided that the following criteria and requirements are
met:
( The proposed filming will not unduly interfere with traffic or pedestrian
movement; close any public street, sidewalk, parkway or other rights of way for an
unreasonable period of time or unduly interfere with nearby residents' or business
owners' quiet peaceful enjoyment of their property;
(2) The proposed filming will not endanger public safety or property, including but
not limited to the following:
(i) The proposed filming will not unduly impede obstruct or interfere with the
operation of emergency vehicles or equipment in or through the permitted area: and
(ii) The proposed filming will not constitute a fire hazard or any other type of
hazard and all Proper safety precautions will be taken as necessary to protect the public
health, safety, and general welfare;
(3) The proposed filming will not endanger or threaten damage to public property;
(4) The proposed filming will not unduly interfere with normal governmental
functions or City services and operations or conflict with previously scheduled events;
and
safety.
(5) The proposed filming will not otherwise be detrimental to the public health or
(d) The permittee shall maintain the film permit at the filming location at all times
for the duration of the filming.
Section 6.110.050 Denial, Suspension or Revocation of Film Permit.
(a) The Director of Public Works or his or her designee shall deny issuance of a
film permit if the requirements of this Chapter and all applicable laws and regulations
have not been met or if the application contains incomplete false or misleading
information.
(b) The Director of Public Works or his or her designee may immediately
suspend or revoke a film permit if the requirements of this Chapter and all applicable
laws and regulations are not met the information supplied by the permittee becomes, or
is determined to be false or incomplete; or any substantial change in circumstances
renders the filming detrimental to the public health, safety or general welfare.
Section 6.110.060 Film Permit Fees.
Me
Each permit application shall be accompanied by payment of the following fees
to the extent authorized by law and in amounts established by resolution of the City
Council:
(a) A non - refundable application fee to reimburse the City for costs incurred to
review the application.
(b) A location fee to compensate the City for the use of public property and its
unavailability for ordinary and usual purposes resulting from the filming, including
preparation and strike days. Any applicable location fees will be refunded if the Director
of Public Works denies issuance of a film permit. Location fees are waived for the
following:
(1) Filming conducted entirely on private property;
(2) Non - profit organizations; and
(3) Students.
(c) Any applicable administrative fees to reimburse the City for the cost of
services provided by police officers, code enforcement officers fire personnel, or other
City personnel or City equipment for the purpose of protecting, assisting, and regulating
the filming and public safety.
Section 6.110.070. Insurance and Indemnification.
(a) Before a film permit is issued the applicant shall furnish public liability
insurance in amounts as determined by the City's Risk Manager but in no event less
than $1,000,000, and name the City of Santa Monica its City Council, boards and
commissions, officers, agents, and employees as additional insureds. A certificate of
insurance shall be furnished to the Director of Public Works or his or her designee.
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(b) Before a film permit is issued, the applicant shall agree to indemnify, defend,
and hold the City harmless from any liability for personal injury, wrongful death and
Property damage arising out of the use of the film permit and City streets, property, and
facilities.
Section 6.110.080. Students and Non - Profit Organizations.
(a) Students conducting filming shall submit to the City a written certificate from
their school stating that they are bona -fide, currently enrolled students of the school.
(b) Non - profit organizations conducting filming shall submit to the City a
certificate stating that they are exempt and classified as non - profit under applicable
federal and state tax law.
Section 6.110.090. Administrative Regulations.
The Director of Public Works is authorized to adopt administrative regulations
that are consistent with the purposes of this Chapter. Violations of the administrative
regulations adopted pursuant to this Section shall constitute violations of this Chapter,
and shall subject the violator to the penalties set forth in this Chapter.
Section 6.110.100 Penalty for Violation.
(a) Any person violating any provision of this Chapter shall be guilty of either: (1)
an infraction. which shall be punishable by a fine of one hundred dollars for the first
violation two hundred dollars for a second violation within one year, and five hundred
dollars for a third and subsequent violations within one year; or (2) a misdemeanor,
which shall be punishable by a fine not exceeding one thousand dollars per violation, or
by imprisonment in the County Jail for a period not exceeding six months, or by both
such fine and imprisonment. Where the violation is of a continuing nature, each day that
the violation continues constitutes a separate and distinct violation.
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Any person who violates any provision of this Chapter shall be subject to
administrative fines and administrative penalties pursuant to Chapters 1.09 and 1.10 of
this Code.
(c) The remedies provided in this Chapter are not exclusive and nothing in this
Chapter shall preclude any person from seeking other remedies, penalties or
procedures provided by law.
SECTION 3. Section 10.04.06.200 of the Santa Monica Municipal Code is hereby
repealed in its entirety as follows:
SECTION 4. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 5. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
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remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall be effective 30
days from its adoption.
APPROVED AS TO FORM:
w6m k fl dot �cGe
MA SHA JON PS MOU , E
City�Attorn
14