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O2393City Council Meeting: 02 -28 -2012 ORDINANCE NO. 2393 (CCS) (CITY COUNCIL SERIES) Santa Monica, California 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, 1 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 2 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; M" 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 3 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. 12 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA 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 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 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 0 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 enjoyment, 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. (b) "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. 7 (c) "Non- Profit organization" shall mean an organization that qualifies under Section 501(c)(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) Filming 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 primary 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; 0 (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: (1) 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 9 (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; Ems' 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. 10 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. i` (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. 12 (b) 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. SECTION 4. Santa Monica Municipal Code Section 4.04.166 is hereby amended to read as follows: 4.04.166 Exception for permitted community events and filming. Notwithstanding the prohibitions contained in Municipal Code Sections 4,04.150, 4.04.155, and 4.04.160, animals may be present on public property in accordance with the terms and conditions of a community events permit or film permit issued by the City. SECTION 5. 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 6. 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 remaining portions of this Ordinance. The City Council hereby declares that it would 13 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 7. 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: MARSHA J, I ES MO 1 TRIE City A{torntey 14 Approved and adopted this 28th day of February, 2012. Richard Bloom, Mayor State of California ) County of Los Angeles ) ss. City of Santa Monica ) I, Denise Anderson - Warren, Assistant City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2393 (CCS) had its introduction on February 14, 2012, and was adopted at the Santa Monica City Council meeting held on February 28, 2012, by the following vote: Ayes: Council members: Holbrook, McKeown, O'Connor, O'Day, Shriver Mayor Pro T,em Davis, Mayor Bloom Noes: Council members: None Absent: Council members: None A summary of Ordinance No. 2393 (CCS) was duly published pursuant to California Government Code Section 40806. ATTEST: �4p &2I n -WaA4P Denise Anderson)I\ arren, Assistant City Clerk