Huntington Beach Municipal Code Ch. 5.54 Commercial Photography

As used in this chapter, commercial or professional photography shall mean the use for profit or commercial purposes 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 stationary objects or persons. For the purpose of this chapter, still photography shall mean the art or process of producing images on a sensitized surface by the action of light or other radiant energy.

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No person shall engage in any commercial or professional photography which uses public property in this City as a location site without first applying to and obtaining from the City Manager, or his or her authorized representative, a permit therefor.

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A written application shall be made on a form provided by the City Manager, and shall contain the following information:

A. Name of applicant and its authorized agent;

B. Address and telephone number of applicant and its authorized agent;

C. A description of the nature and location (including the common street address if applicable) of the proposed activity;

D. Dates and times for which the permit is requested;

E. Agreement that the City shall be reimbursed when any City personnel and equipment is used in connection with such activity;

F. Agreement that the site shall be cleaned and restored to its original condition; and

G. Any other information which the City Manager, or his or her authorized representative, may deem necessary.

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The applicant shall furnish public liability and property damage insurance, together with evidence of workers' compensation coverage, where applicable, conditioned that the City, its elective and appointive officers, employees, and all Council-appointed commissions, boards and committees shall be indemnified and held harmless from all loss, cost, 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 such activity. Such insurance shall be written on an insurance company licensed to do business in the State of California, in a form approved by the City Attorney, and in an amount established by resolution of the City Council. Such insurance shall be at the permittee's sole expense and shall remain in force during the time the permit is in effect.

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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, and to ensure that all equipment belonging to the permittee is removed at the completion of the activity. An additional fee shall be required in the event permittee requests the use of any City personnel and equipment. All fees shall be established by resolution of the City Council.

B. The City Manager, or his or her authorized representative, may also require deposit of a reasonable sum to be refunded unless such cleanup and restoration of the location site is performed by the City.

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Dates and times, set out in the permit, may be changed at the request of permittee 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.

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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.

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The provisions of this chapter shall not apply to persons employed by another governmental agency, or to photographers, motion picture or television cameramen employed by a major news network or bona fide news publication, or to aerial photography, including aero mapping and survey.

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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.

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