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.
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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-
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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."
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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
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