ORDINANCE 1017F,440
(,
ORDINANCE NO. 1017
AN ORDINANCE OF THE CITY OF EL SEGUNDO,
CALIFORNIA, AMENDING TITLE 5 OF THE EL SEGUNDO
MUNICIPAL CODE BY ADDING SECTION 5.08.526
TO CHAPTER 5.08 AND ADDING CHAPTER 5.42 THERETO
RELATING TO MOTION PICTURE, RADIO, AND TELE-
VISION REGULATIONS.
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION 1. That Section 5.08.526 is added to Chapter
5.08 of the "E1 Segundo Municipal Code" to read as follows:
5.08.526. MOTION PICTURE OR TELEVISION - COMMERCIAL
USE. The license referred to in Section 5.08.525 requires
the issuance of a permit pursuant to Chapter 5.42 of
this Code.
SECTION 2. Chapter 5.42 consisting of Sections 5.42.010
through 5.42.100 is added to Title 5 of the "El Segundo Municipal
Code" to read as follows:
CHAPTER 5.42
MOTION PICTURE, RADIO, AND TELEVISION PRODUCTION REGULATIONS
5.42.010 DEFINITIONS. For the purpose of this
chapter, certain words and phrases shall be construed
herein as set forth in this section, unless it is
apparent from the context that a different meaning
is intended:
(1) "Motion picture, radio, or television productions"
shall include all activity attendant to staging or
shooting commercial motion pictures, television shows
or programs, and commercially prepared radio broadcasts.
(2) "Still photography" shall mean and include
all activity attendant to staging or shooting commercial
still photographs.
5.42.020 PERMITS AND EXEMPTIONS. (a) PERMIT
REQUIRED. No person shall use any public or private
property, facility, or residence for the purpose of
taking commercial motion pictures or television pictures
or commercial still photography or for the purpose
of any radio broadcast or telecast without first applying
for and receiving a permit therefor from the Director
of Finance.
(b) EXEMPTIONS. (1) Current news. The provisions
of this chapter shall not apply to or affect reporters,
photographers, or cameramen in the employ of a newspaper,
news service, radio broadcasting station, or similar
entity engaged in on- the -spot broadcasting of news
events concerning those persons, scenes, or occurrences
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which are in the news and of general public interest.
(2) Studios. The provisions of this chapter
shall not apply to or affect a motion picture, television,
or radio broadcasting studio operating at an established
or fixed place of business in the city.
(3) Charitable purposes. No permit fee shall
be required for any motion picture, radio, or television
production when found by the Director of Finance to
be conducted or carried on wholly for a charitable
or non - profit purpose either directly or indirectly,
by any individual; provided, however, a permit as
provided for in this chapter shall be required.
5.42.030. REQUIREMENTS AND DUTIES: RULES. (a)
PROVISIONS SUPPLEMENTAL TO BUSINESS LICENSE REGULATIONS.
The provisions of this chapter are intended to augment
and be in addition to the provisions of Section 5.08.525
of Chapter 5.08 of this title. Whenever the provisions
of this chapter impose a greater restriction upon
persons premises, or practices than is imposed by the
general business license regulations, the provisions
of this chapter shall control.
(b) CHANGE OF DATE. Upon
permittee, the issuing authority
upon a showing of good cause, to
which the permit has been issued
limitations are complied with in
location.
:he request of the
shall have the power,
change the date for
provided established
respect to time and
(c) RULES. The City Manager is hereby authorized
and directed to promulgate rules and regulations governing
the form, time, and location within the city of any
activity set forth in Section 5.42.010 of this chapter.
The Director of Finance shall provide for the issuance
of permits and shall collect the permit and application
fees and the license fee required by Section 5.08.525
of this Code. The rules and regulations shall be based
upon the following criteria:
(1) Traffic congestion at particular locations
within the city;
(2) The written consent of all affected property
owners or occupants in possession of property, as
determined by the Director of Finance;
(3) The safety and convenience of all persons;
(4) The disruption of normal activities of all
persons at particular locations within the city;
(5) The safety of property within the city; and
(6) The submission of evidence that the applicant
has adequate comprehensive general liability insurance
to protect the City and its officers and employees
and the permittee. The insurance shall be in a form
approved by the City Attorney and in an amount and
with a carrier approved by the City Manager.
5.42.040 PROHIBITIONS. No person shall engage
in any motion picture, radio, or television production
or still photography activity which would constitute
a hazard to public safety or interfere with or endanger
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the public peace or rights of residents and other
occupants of property to the quiet, peaceful, unmolested
enjoyment of their property.
5.42.050 APPLICATIONS AND ISSUANCE. (a) ISSUING
AUTHORITY. The issuing authority shall be the Director
of Finance.
(b) No application shall be considered unless
it is filed together with all the necessary supporting
documents not less than ten full working days before
the date for which the permit is first sought.
(c) APPLICATIONS. The following information
shall be included in the application;
(1) The address or place at which the activity
is to be conducted;
(2) The specific location at such address or
place;
(3) The inclusive times and dates such activity
will transpire;
(4) A general statement of the character or
nature of the proposed activity;
(5) The number of personnel to be involved;
(6) The food servicing arrangements;
(7) The amount and type of equipment to be involved;
and
(S) Such other information the Director of Finance
deems appropriate.
(d) ISSUANCE OF PERMITS. Upon a finding by the
Director of Finance that the applicant has complied
with the rules and regulations referred to in subsection
(c) of Section 5.42.030 of this chapter, a permit shall
be issued in accordance with the provisions of this
chapter
5.42.060 APPLICATION -- PERMIT - -FEES. (a) MOTION
PICTURE, RADIO, OR TELEVISION PRODUCTIONS. A non - refundable
application fee for motion picture, radio or television
productions in the amount of $100.00 shall be paid.
A permit fee of $500.00 per day shall be paid whenever
the permittee uses any portion of any public street.
road, right -of -way or building, other than a building
located in a public park, owned or controlled by the
city. The use of public parks and buildings located
in public parks to the exclusion of the general public
shall be discouraged, however, when such permit is
granted the permit fee shall be fixed by the City
Council after considering the recommendation of the
Recreation and Parks Commission.
(b) STILL PHOTOGRAPHY. No fees for still photography
shall be required.
5.42.070 COSTS AND DIRECT OVERHEAD EXPENSES.
In addition to the fees and charges hereinabove established,
the permittee shall pay all costs and direct overhead
of the City for supervising, controlling, and managing
permittee's operation. This shall include, but not
be limited to, all personnel costs, all material and
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supply costs, and all other direct costs and expenses
of the City. These costs and expenses shall be computed
at the conclusion of the project and shall be deducted
from the deposit hereinafter required.
5.42.080 CASH DEPOSIT FOR FEES AND SECURITY
DEPOSIT REQUIRED. After the application fee is paid
and the application approved and before any permit
is issued, permittee shall deposit with the Director
of Finance a cash deposit computed as follows:
Twice the amount determined by the Director of
Finance to be the total cost to the City plus
a sum equal to all permit and license fees.
At the conclusion of the project the total of
the deposit shall be appl.le^ to the City's permit and
license fees and to the City's costs and direct over-
head of administering and supervising the permit; and
the balance, if any, shall be deemed a security deposit.
The security deposit shall be refunded by the City
to the permittee if the permittee has fully complied
with all of the conditions of the permit and all requirements
of law. If the permittee has not complied with all
conditions of the permit and all requirements of law
the security deposit shall be retained by the City.
5.42.090. SECURITY DEPOSIT RETENTION -- APPEAL.
Any person aggrieved by the determination of the Director
of Finance concerning the amount of the deposit or
the amount of any refund, may file a written appeal
as provided in Section 5.42.130.
5.42.100. MISREPRESENTATION. No person shall
knowingly or intentionally misrepresent to any officer
or employee of the City any material fact in procuring
the permit provided for in this chapter.
5.42.110. GROUNDS FOR REVOCATION OR SUSPENSION.
Any permit granted or issued pursuant to the provisions
of this chapter may be revoked or suspended at any
time for the following reasons:
(1) A material false statement contained in the
application;
(2) Failure to comply with any regulatory provision
contained in the statutes of the State or in the laws
of the City regulating such business;
(3) Failure to operate such business in an orderly
and businesslike manner, in obedience to such orders,
rules, and regulations as may be applicable thereto
under the provisions of this Code or statutes of this
State; or
(4) The conduct of such business in an illegal,
improper, or disorderly manner or in a manner which
endangers the public welfare.
5.42.120. PROCEDURE FOR REVOCATION OR SUSPENSION
OF PERMITS. (a) AUTHORITY OF THE DIRECTOR OF FINANCE.
(1) The Director of Finance shall give the permittee
at least five days', and not more than ten days' prior
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notice in writing of the grounds for the revocation
or suspension of his permit and the time and place
of a hearing and shall require him to show cause why
his permit shall not be revoked. The service of such
grounds and notice of tle hearing shall be done by
depositing the same in the United States mail, addressed
to the applicant at his address given in the application.
At any such hearing the permittee shall be given an
opportunity to be heard and defend himself, and he
may call witnesses on his behalf. After conducting
such hearing, the Director of Finance may revoke or
suspend any permit held by such permittee. The Director
of Finance shall notify the permittee thereof in writing
within three days after the decision.
(2) If the violation which forms the grounds
for the proposed revocation or suspension continues
after the original notification of such violation to
the permittee, the Director of Finance may suspend
the permit until the time of the hearing. Such suspension
shall be effective immediately upon giving written
notice thereof to the applicant or the person in charge
at the business activity. During such suspension,
no person shall conduct any business activity of a
type covered by this chapter.
(b) APPEALS TO COUNCIL. Any person aggrieved
by the decision of the Director of Finance may appeal
therefrom to the Council in the manner provided in
Section 5.42.100 of this chapter.
(c) FAILURE TO APPEAL. In the event no appeal
is taken by the permittee, the decision of the Director
of Finance revoking or suspending such permit shall
become final and conclusive on the expiration of the
time fixed for the appeal in Section 5.42.100 of this
chapter.
5.42.130. APPEALS. (a) PROCEDURES. Any person
aggrieved by any decision of the Director of Finance
or of any other officer of the City made pursuant to
the provisions of this chapter may appeal therefrom
to the Council within fifteen days after notice thereof
by filing with the City Clerk a written notice of
appeal, briefly stating in such notice the grounds
relied upon for appeal. I£ such appeal is made within
the time prescribed, the City Clerk shall cause the
matter to be set for a hearing before the Council
within thirty days after the date of the receipt of
such notice of appeal, giving the appellant not less
than ten days' notice in writing of the time and place
of the hearing. The findings and determinations of
the Council at such hearing shall be final and conclusive
and within three days after such findings and determinations
are made, the City Clerk shall give notice thereof
to the appellant.
(b) COUNCIL'S DETERMINATION - EFFECTIVE. For
appeals relating to the suspension or revocation of
permits issued pursuant to this chapter the Council's
determination shall become effective on the second
day after the City Clerk gives notice thereof to the
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appellant, unless otherwise stipulated by the Council.
SECTION 3. This ordinance shall become effective at
midnight on the thirtieth day from and after the date of the
final passage and adoption thereof.
SECTION 4. The City Clerk shall certify the passage
and adoption of this ordinance; shall cause the same to be entered
in the book of original ordinances of said city; shall make a
minute of the passage and adoption thereof in the records of
the meeting at which the same is passed and adopted; and shall
within fifteen days after the passage and adoption thereof, cause
the same to be published once in the E1 Segundo Herald, a weekly
newspaper of general circulation, published and circulated within
said City of El Segundo and which is hereby designated for that
purpose.
PASSED, APPROVED and ADOPTED this 15th day of
DECEMBER , 1981.
ATTEST: �j 1
CLGr4.e.( 2/ (�LvLh- eZGK.a/
City Clerk
(SEAL)
Mayor of the City of E1 Segundo,
California
544,7;
Fi44E;
STATE OF CALIFORNIA, )
COUNTY OF LOS ANGELES, )
CITY OF EL SEGUNDO,
V,,.Yalgrie,&, PpVxwggs, e o,,,, e , City Clerk of the C9ty of El Segundo,
California, do hereby certify that the whole number of members of the C'ty Council
of the said Ofy is five; that the foregoirg o,dinance, being Ordlrance No, 1j0170. � a o � ,
is a fuel, tare arid co,-ect odglna' of O-dinance No, 1017. � �.,.of the said City of El
Segundo, Cal- farc!a, entitled-
AN ORDINANCE OF THE CITY OF EL SEGUNDO,
CALIFORNIA, AMENDING TITLE 5 OF THE EL SEGUNDO
MUNICIPAL CODE BY ADDING SECTION 5.08.526
TO CHAPTER 5.08 AND ADDING CHAPTER 5.42 THERETO
RELATING TO MOTION PICTURE, RADIO, AND TELE-
VISION REGULATIONS.
which was duly passed and adopted by the said City Council, app -owed and s'g ,,ed
by the Mayo, of soid C -ty, and attested by the Clty Clerk of soid G.ry, oii of a segulaf
meeting of the said Ceundl held on the, 15th _day of, ,Decemberpa p 19 Sla
and that the some was so passed and adopted by the following yore.
AYES. Courcilr:eh',DUE,,dOHNSON, SLADEK, AND.MAYORa VAN, VRANKEN
NOES. Courciimen_ ARMSTRONG .,. ...e.o.....eoo..o,oaao....oe. �. e, e.... o. e.,e.. �.o.
ABSENT. NONE
I do hereby furrrhe, certify that puts. o,t to the provisions of Section 36933 of the
Government Code of the State of Calcforr ;o, that the foregoing Ordirance Nc,LOL7
was duly and regularly published occo• ding to low and the o�. °de* of the City Ccuo,cil
of said City In. the El Segurdo Herald, a weekly newspaper of generai circulotic ,,,
printed, publ shed and circulated withic the said City and that the same was so pub -
llshed therein on the following date, to wiS...e ,,.e,,,,,,,,,,,,,,,,,,,.,,.,.,. �. ...
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City Clerk of the City of EI Segundo, Cal iforria,
(SEAL)
By,.ee.,a >oo .aoaaooaoao.o.o.e,e.e..,o
Deputy