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HomeMy WebLinkAbout1262 - Motion Picture RegulationTHS.hc 6/13/68 ORDINANCE NO. 1262 AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 5.46 TO TITLE 5 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO REGULATION OF MOTION PICTURE AND TELEVISION PRODUCTIONS ON PUBLIC PROPERTY The City Council of the City of Newport Beach does ordain as follows. SECTION 1. Chapter 5.46 is added to Title 5 of the Newport Beach Municipal Code to read. REGU AND Sections: 5.46.010 5.46.020 5.46.030 5.46.040 5.46.050 • 5.46.060 5.46.070 5.46.080 "Chapter 5.46 LATION OF MOTION PICTURE TELEVISION PRODUCTIONS ON PUBLIC PROPERTY Permit Required Exceptions Application for Permit Issuance of Permit Notice of Approval or Disapproval Appeal Cost of Additional City Services Bond and Insurance 5.46.010 Permit Required. No person shall use any public property or facility for the purpose of taking motion pictures or television pictures without first applying for and receiving a permit therefor from the City Manager or his authorized representative. 5.46.020 Exceptions. 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 broadcasting station, television station or similar entity engaged in on -the -spot broad- casting, reporting or photographing of news concerning those persons, scenes or occurrences which are in the news • or of a general public interest. 3 5.46.0 ,40 Application for Permit. Any person desir- ing to use any public property or facility for the purpose • of taking motion pictures or television pictures shall, not less than fourteen (14) days before the date on which such person desires to conduct such activity, file an application for a permit with the City Manager, on a form furnished by the City. The City Manager may in his dis- cretion waive the requirement that applications be filed fourteen (14) days prior to the date on which the activity is to be conducted. The application shall be verified and shall set forth the following informations (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 be re- 0 sponsible 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 within the City where such activity will take place. (f) The approximate number of persons who will en- gage in such activity. (g) A list of major equipment to be used, including but not limited to trucks, buses, limousines and cameras. (h) A general statement of the character or nature of the proposed activity. • Said application shall be accompanied by an applica- tion fee of One Hundred Dollars ($100.). If said permit is approved, it shall not be necessary for the permittee a. [ i C to obtain a City business license in order to carry on the activities authorized by said permit, but the per- • mittee shall pay to the City a fee of Thirty -five Dollars ($35) per day or portion of a day during which such activities are conducted. 5.46.040 Issuance of Permit. The City Manager shall issue a permit as provided for herein when, from a consideration of the application and from such other information as may otherwise be obtained, he finds that: (a) The conduct of such 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 un- molested enjoyment of their property, or otherwise be detrimental to the public peace, health, safety or general welfare. is (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 ex- penditures in either money or personnel not reimbursed in advance by the applicant. (c) The conduct of such activity will not consti- tute a fire hazard, and all proper safety precautions will be taken. (d) The conduct of such activity will not require the diversion of so great a number of police officers of the City to properly police the area of such activity as to interfere with normal police protection for other • areas of the City. Such permit shall contain a provision whereby the permittee guarantees to indemnify and hold the City harm- 3. r 1 n U • less against any claims, liability or judgments for damages arising out of the permittee's activities. 5.46.050 Notice of Approval or Disapproval. The City Manager shall act upon the application within ten (10) days after the filing thereof and shall at such time mail to the applicant a notice of his action. If the application is disapproved, said notice shall state the reasons for such disapproval. 5.46.060 Appeal. Any person aggrieved by the City Manager °s decision shall have the right to appeal the approval or disapproval of the application to the City Council. The appeal shall be taken within five (5) days after notice of the decision is mailed. The City Council shall act upon the appeal within fourteen (14) days after the filing thereof. 5.46.070 Cost of Additional City Services. If deemed necessary by the City Manager, additional police, fire and other City services shall be provided for the purpose of protecting, assisting and regulating the pro- posed activity. The cost of providing such additional services shall be paid to the City by the applicant. 5.46.080 Bond and Insurance. The City Manager may require, as a condition of issuing such a permit, that the applicant furnish a bond, insurance or both to pro- tect the City against claims of third persons for personal injury, wrongful death and property damage and to indem- nify the City for damage to City property arising out of the permittee's activities." 4. r� u 0 SECTION 2. This ordinance shall be published once in the official newspaper of the City, and the same shall be effec- tive thirty (30) days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 24th day of June , 1968, and was adopted on the 8th day of July , 1968, by the following vote, to wit, AYES, COUNCILMEN. McInnis, Shelton. Marshall, Rogers, Hirth, Gruber NOES, COUNCILMEN: None ABSENT COUNCILMEN. None ATTEST: ABSTAIN: Bruber qty C er Mayor 5.