Long Beach Municipal Code Ch. 5.61 Filming Activities

Footnotes:

--- (10) ---

Editor's note— ORD-13-0006, § 1, adopted May 14, 2013, amended Ch. 5.61 in its entirety to read as herein set out. Former Ch. 5.61, §§ 5.61.010—5.61.090, pertained to similar subject matter, and derived from: Ord. C-7250 § 2 (part), 1994; Ord. C-7934 § 8, 2004.

A. "Motion Picture, Television, Still Photograph", as used in this Chapter, means and includes all activity attendant to staging or shooting commercial motion pictures, television shows or programs, and commercials.

B. "Charitable films", as used in this Chapter, means commercials, motion pictures, television, videotapes, or still photograph produced by a nonprofit organization, which qualifies under section 501(c)(3) of the Internal Revenue Code as a charitable organization. No person, directly or indirectly, shall receive a profit from the marketing and production of the film or from showing the films, tapes or photos.

C. "News Media", as used in this Chapter, means the filming or videotaping for the purpose of spontaneous, unplanned television news broadcast by reporters, photographers or cameramen.

(ORD-13-0006, § 1, 2013)

No person shall use any City street, alley, sidewalk, park, pier, way or other public property owned or controlled by the City for the purpose of taking commercial motion pictures or television pictures or commercial still photography without first applying for and receiving a permit from the City Manager or his/her designee, provided that the provisions of this Chapter shall not apply to or be construed to affect:

A. Reporters, photographers or cameramen in the employ of a newspaper, news service, or similar entity engaged in on the spot broadcasting of news events concerning those persons, scenes or occurrences which are in the news and of general public interest; or

B. The filming or videotaping of Motion Pictures solely for private family use; or

C. Charitable films: projects which qualify under section 501(c)(3) of the Internal Revenue Code.

(ORD-13-0006, § 1, 2013)

A. An application for filming activity under this Chapter must be completed and filed at least three (3) working days prior to the first day of filming proposed.

B. Each such application must include:

1. The name of the owner, the address and telephone number of the place at which the activity is to be conducted;

2. The specific location at such address or place;

3. The inclusive hours and dates such activity will transpire, including, but not limited to the preparation and clean-up of the location;

4. A general statement of the character or nature of the proposed filming activity;

5. The name, address and telephone number of the person or persons in charge of such filming activity;

6. The exact number of personnel to be involved;

7. Use of any animals or pyrotechnics;

8. The exact amount/type of vehicles/equipment to be involved; and

9. Such additional information as the City Manager or his/her designee may reasonably require.

C. The City Manager or his/her designee shall refer the application for review as provided in Section 5.60.040 of this Code.

D. The City Manager or his/her designee shall grant, deny or revoke the permit in accordance with Subsection 5.60.040(I) or Section 5.60.060 of this Code.

E. The provisions of Subsection 5.60.040(E) shall apply to all permits issued under this Chapter.

(ORD-13-0006, § 1, 2013)

The provisions of Subsections 5.60.050(A) and (B) of this Code shall apply to every application made under this Chapter.

(ORD-13-0006, § 1, 2013)

A. Upon twenty-four (24) hours' notice by the applicant, the City Manager or designee shall have the power, upon a showing of good cause, to change the date for which the permit has been issued provided established limitations are complied with in respect to time and location.

B. Rules. The City Manager or designee is authorized and directed to promulgate rules and regulations, subject to approval by resolution of the City Council, governing the form, time, and location of any film activity set forth within the City. He/she shall also provide for the issuance of permits. The rules and regulations shall be based upon the following criteria:

1. The health and safety of all persons;

2. Avoidance of undue disruption of all persons within the affected area;

3. The safety of property within the City; and

4. Traffic congestion at particular locations within the City.

(ORD-13-0006, § 1, 2013)

Notwithstanding any other provisions of this Chapter, any permittee for a filming activity shall reimburse the City for all costs incurred by City, the amount of which shall be determined by the City Manager or his/her designee, or any City personnel or equipment provided to the applicant for the purpose of assisting or providing security or protection to the applicant for activities conducted under the permit. The provisions of Subsections 5.60.080(A) and 5.60.080(B) shall apply.

(ORD-13-0006, § 1, 2013)

Any applicant granted a permit pursuant to this Chapter shall comply with all of the following conditions:

A. An applicant will be required to submit a permit request at least three (3) working days prior to the date on which such person desires to conduct an activity for which a permit is required. If such activity interferes with traffic or involves potential public safety hazards, an application may be required at least ten (10) working days in advance.

B. The permittee shall conduct operations in an orderly fashion with continuous attention to the storage of equipment not in use and the cleanup of trash and debris. The area used shall be cleaned of trash and debris upon completion of shooting at the scene and restored to the original condition before leaving the site.

C. An applicant is required to obtain the property owner's permission, consent, and/or lease for use of property not owned or controlled by the City.

D. If the applicant must park equipment, trucks, and/or cars in zones that will not permit it, temporary "No Parking" signs must be posted by the City. The applicant must also obtain permission to string cable across sidewalks, or from a generator to a service point.

E. For filming that would impair traffic flow, an applicant must use City law enforcement personnel and comply with all traffic control requirements deemed necessary by the City.

1. An applicant shall furnish and install advance warnings signs and any other traffic control devices in conformance with the manual of traffic controls, State of California, Department Of Transportation. All appropriate safety precautions must be taken;

2. Traffic may be restricted to one (1) twelve-foot (12') lane of traffic and/or stopped intermittently. The period of time that traffic may be restricted will be determined by the City, based on location;

3. Traffic shall not be detoured across a double line without prior approval of the appropriate City departmental representative;

4. Unless authorized by the City, the camera cars must be driven in the direction of traffic and must observe all traffic laws;

5. Any emergency road work or construction by City crews and/or private contractors, under permit or contract to the appropriate department, shall have priority over filming activities.

6. Street closure may be restricted to one (1) twelve-foot (12') lane of traffic and/or stopped intermittently. The period of time that traffic may be restricted will be determined by the City, based on location.

F. When parking in a parking lot, an applicant may be billed according to the current rate schedule established by the City. In order to assure the safety of citizens in the surrounding community, access roads to beaches, which serve as emergency service roads, must never be blocked. No relocation, alteration, or moving of City-owned structures or property will be permitted without prior approval.

(ORD-13-0006, § 1, 2013)

A. The provisions of Section 5.60.070 shall apply to every permit issued under this Chapter.

B. Every applicant/permittee shall provide insurance and bonds as prescribed in regulations issued by the City Manager pursuant to Section 2.84.040.

(ORD-13-0006, § 1, 2013)

The proceedings set forth in Section 5.60.120 shall apply to any applicant or permittee aggrieved by an adverse decision under this Chapter 5.61.

(ORD-13-0006, § 1, 2013)

It shall be unlawful for any person to interfere with, disrupt or impede a permitted special event or permitted film activity as specified herein. While not limited to, the following acts are prohibited by this section when done for the purpose of or with knowledge that an effect thereof is to interfere with or disrupt the ability of the permittee to carry on the special event or film activity:

A. To block, obstruct or impede the passage of participants, vehicles or animals in the special event or filming activity;

B. When not participating in the special event or filming activity with the permission of the permit holder, to walk, run, operate a skateboard, ride any wheeled vehicle or rollerskate through, between, with or among the participants, vehicles or animals in the special event or filming activity, except in cases of bona fide emergency;

C. To drop, roll, throw, toss, squirt or propel any gaseous, liquid, semisolid or solid substance or object toward or among the participants, vehicles or animals in the special event or filming activity;

D. To grab, take hold of, strike, hit, pull or push any participant, vehicle or animal in the special event or filming activity, or to mount any vehicle in the special event or filming activity, except with the permission of the permittee or in cases of bona fide emergency;

E. To enter upon the grounds, playing field, stage, floor, or any other area set apart for the participants, performers, officials, attendants or service personnel, unless authorized so to do by usher, by public safety personnel, or by an authorized representative of the sponsor of the special event or filming activity.

(ORD-13-0006, § 1, 2013)

Any person violating any of the provisions of this Chapter is guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding $1,000.00 or imprisonment in the county jail for a period not to exceed six (6) months, or by both such fine and imprisonment or may be deemed guilty of an infraction punishable by a fine of not more than two hundred-fifty dollars ($250.00). Each person may be deemed guilty of a separate offense for every day during any portion of which any violation is committed or permitted.

(ORD-13-0006, § 1, 2013)