Manhattan Beach Municipal Code Ch. 6.20 Temporary Film Permits

No person shall, within the boundaries of the City of Manhattan Beach, take still, motion or television pictures without first applying for and receiving a permit therefor. A permit issued hereunder shall satisfy the temporary use permit requirement in Title 10 of this Code.

(§ 2, Ord. 1983, eff. September 3, 1998)

The provisions of this chapter shall not apply to amateur photographers or to reporters, photographers or cameramen in the employ of a newspaper, news service, radio or television broadcasting station, or similar entity engaged in on the spot broadcasting, reporting or photographing of news of general public interest or to commercial television or film production occurring on the premises of a properly permitted motion picture and/or television production studio. However, if such exempted activities result in adverse impacts on adjacent properties from, but not limited to, such activities as the use of explosions, noise from firearms, bull horns, pyrotechnics, car chases, sirens, volcanic eruptions, lighting apparatus, after hour filming, parking, obstruction of public access and assembly disruption, they may be abated by the City as a public nuisance based upon a finding of adverse impact and issuance of an abatement order by the City Manager. Such abatement may be appealed by the affected parties under Section 6.20.140 of this chapter.

(§ 2, Ord. 1983, eff. September 3, 1998)

The City Manager shall appoint a Permit Administrator to be responsible for administering the provisions of this chapter.

(§ 2, Ord. 1983, eff. September 3, 1998)

Any person desiring to engage in filming within the boundaries of the City of Manhattan Beach which does not come within any of the exceptions set forth in Section 6.20.020 of this chapter shall, not less than fifteen (15) days before the date on which the applicant desires to conduct the activity, file an application for a permit hereunder with the Permit Administrator on a form to be furnished by the City.

The application shall be verified and shall set forth the following information:

A. The name, address and telephone number of the person wishing to conduct such activity;

B. The name, address and telephone number of the person who will be in charge of the activity and responsible for its conduct;

C. The date or dates and hours when such activity is to be conducted;

D. The approximate time when such activity will begin and end;

E. The location or locations where such activity will take place;

F. The approximate number of persons who will engage in such activity;

G. A list of major equipment to be used in the activity including, but not limited to trucks, buses, lighting, limousines and cameras;

H. A general statement of the character or nature of the proposed activity.

(§ 2, Ord. 1983, eff. September 3, 1998)

The Permit Administrator may, at his or her discretion, grant a permit when an application has been filed less than seven (7) days before the activity is conducted. However, a surcharge shall be added to the fee authorized by Section 6.20.150 of this chapter to compensate the City for the extra expense of processing an expedited permit. Said surcharge shall be set as provided in Section 6.20.150 of this chapter.

(§ 2, Ord. 1983, eff. September 3, 1998)

Any person engaging in film production as a part of a bona fide educational curriculum may obtain a student film permit which shall be exempt from any application fee which would otherwise be required. An applicant for a student film permit shall accompany their application with a letter from the educational institution sponsoring the production on that institution's letterhead. Applicants receiving a student film permit must comply with the provisions of Section 6.20.040 and 6.20.110 and reimburse the City for any costs of City services.

(§ 2, Ord. 1983, eff. September 3, 1998)

The following locations shall be designated "special areas" and restricted from filming: all of Artesia Boulevard, Aviation Boulevard, Highland Avenue, Manhattan Avenue between Eighth Street and Thirty-Eighth Place, Manhattan Beach Boulevard, Rosecrans Avenue, Sepulveda Boulevard and The Strand.

Filming in special areas may be done only with the express consent of the City Manager who may issue a permit therefor at his or her sole discretion.

(§ 2, Ord. 1983, eff. September 3, 1998)

The Permit Administrator shall issue a permit hereunder when the following findings can be made:

A. The conduct of the activity will not unduly interfere with traffic or pedestrian movement, or tend to interfere with or endanger the public peace or rights of nearby residents to the quiet, peaceable and unmolested enjoyment of their property, or otherwise to be detrimental to the public peace, health, safety or general welfare.

B. The conduct of such activity will not unduly interfere with normal governmental or City operations, threaten to result in damage or detriment to public property, or result in the City incurring costs or expenditures in either money or personnel not reimbursed in advance by the applicant.

C. The conduct of such activity will not constitute a fire hazard and all proper safety precautions will be taken.

D. The conduct of such activity will not require the diversion of such a large number of police officers to properly police the activity so as to interfere with the normal level of police protection for all other areas of the City.

(§ 2, Ord. 1983, eff. September 3, 1998)

The Permit Administrator shall have the authority to impose such conditions on any permit issued hereunder as he or she shall deem necessary to insure that the findings required by Section 6.20.080 can be made and that the protection of the public is accomplished.

No filming shall be permitted before 7:00 a.m. or after 10:00 p.m. without the express approval of the City Manager. The Permit Administrator may require notice to be given to all businesses and/or residences within a two (2) block or greater radius of the production site. Caterers shall not be permitted to provide catering services on any public right-of-way.

(§ 2, Ord. 1983, eff. September 3, 1998)

Every permit issued hereunder shall include:

A. A provision whereby the permittee guarantees to indemnify and hold the City harmless against any claims, liability or judgments arising out of the permittee's activities.

B. A requirement that the permittee furnish a bond, insurance or both in an amount and with a carrier acceptable to the City, to protect the City against claims of third persons for personal injury, wrongful death and property damage and to indemnify the City for damage to City property arising out of the permittee's activities.

(§ 2, Ord. 1983, eff. September 3, 1998)

The Permit Administrator shall act upon the application within two (2) days after the filing thereof, unless the applicant agrees to a longer period of time, and shall at such time mail to the applicant a notice of his or her action. If the application is disapproved, said notice shall state the reasons for such disapproval.

(§ 2, Ord. 1983, eff. September 3, 1998)

The Permit Administrator shall have authority to issue a permit for a term of any duration up to twelve (12) months.

(§ 2, Ord. 1983, eff. September 3, 1998)

The Permit Administrator shall have the authority, after notice and an opportunity for a hearing, to suspend or revoke any permit issued hereunder where the terms and conditions of said permit have been violated or ignored or where the public safety or welfare is endangered by the permitted activity. Provided however, that whenever there is an imminent danger to the public health, safety or welfare from activities conducted by the permittee to the extent that immediate action is necessary to protect the public, the Permit Administrator shall have the authority to suspend a permit pending a hearing.

(§ 2, Ord. 1983, eff. September 3, 1998)

Any person aggrieved by the Permit Administrator's decision to grant, deny, suspend or revoke a permit hereunder shall have the right to appeal that decision to the City Council. The appeal must be filed with the City Clerk within five (5) days after notice of the decision is mailed or confirmed to the applicant. The Council, promptly thereafter shall hold a hearing to determine the merits of the appeal. The appellant shall be entitled to at least five (5) days prior written notice of the hearing. The City Council may, by resolution, establish a fee for filing an appeal.

(§ 2, Ord. 1983, eff. September 3, 1998)

Any permit issued hereunder shall be subject to the payment by the applicant of all costs to the City of protecting, regulating and assisting the permitted activity which costs shall be determined at the time the permit is issued and which shall be in addition to the application fee discussed below. In addition a permit for filming on public property shall require payment of an additional charge for encroachment on public property. Any application for a permit pursuant to this chapter shall be accompanied by an application. Any application for an urgency permit as described in Section 6.20.050 of this chapter must also be accompanied by a surcharge to compensate the City for the additional costs of processing the permit on an accelerated basis. All fees imposed by this chapter shall be established and may be changed from time to time by resolution of the City Council.

(§ 2, Ord. 1983, eff. September 3, 1998)

The permit required herein is not in lieu of a City business license as required by Chapter 6.01 of this title.

(§ 2, Ord. 1983, eff. September 3, 1998)