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,
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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.
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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
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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.
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(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;
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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:
(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
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(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.
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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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(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
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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
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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