ORDINANCE 1424ORDINANCE NO. 1424
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE
CHAPTER 4 -11 IN ITS ENTIRETY TO REGULATE MOTION
PICTURE, RADIO AND TELEVISION PRODUCTION WITHIN THE
CITY OF EL SEGUNDO.
The City Council of the City of El Segundo does ordain as follows:
SECTION 1: El Segundo Municipal Code ( "ESMC ") Chapter 4 -11 is amended in
its entirety to read as follows:
"CHAPTER 11
MOTION PICTURE, RADIO AND TELEVISION PRODUCTION REGULATIONS
4 -11 -1:
PURPOSE
4 -11 -2:
DEFINITIONS
4 -11 -3:
PERMIT REQUIRED; EXEMPTIONS
4 -11-4:
ADDITIONAL AGREEMENTS
4 -11 -5:
ADMINISTRATION
4 -11 -6:
APPLICATION FOR PERMIT; CONTENTS; ISSUANCE
4 -11 -7:
APPLICATION AND PERMIT FEES
4 -11 -8:
DIRECT OVERHEAD EXPENSES
4 -11 -9:
CASH DEPOSIT FOR FEES AND SECURITY DEPOSIT
REQUIRED
4- 11 -10:
SECURITY DEPOSIT RETENTION; APPEAL
4- 11 -11:
REVIEW BY CITY OFFICERS
4- 11 -12:
TIME REQUIREMENTS
4- 11 -13:
ACTION ON PERMIT APPLICATION — PERMIT ISSUANCE
4- 11 -14:
ACTION ON PERMIT APPLICATION — PERMIT DENIAL
4- 11 -15:
ALTERNATIVE TIME, PLACE, OR MANNER
4- 11 -16:
ADMINISTRATIVE POLICIES AND PROCEDURES
4- 11 -17:
MAXIMUM NUMBER OF FILMING DAYS ALLOWED
4- 11 -18:
INDEMNIFICATION AGREEMENT
4- 11 -19:
GENERAL PERMIT CONDITIONS — LIABILITY INSURANCE
4- 11 -20:
NOTICE TO RESIDENCES AND BUSINESSES — GENERALLY
4- 11 -21:
IMPACT ZONE PROTESTS
4- 11 -22:
GENERAL PERMIT CONDITIONS — SPECIAL EFFECTS; FIRE
PERMIT
4- 11 -23: GENERAL PERMIT CONDITIONS — ADDITIONAL
REQUIREMENTS
4- 11 -24: SUBSEQUENT CONDITIONS
4- 11 -25: EMERGENCY SUSPENSION OF FILMING
4- 11 -26: LAND USE AND PARKING REGULATIONS INAPPLICABLE
4- 11 -27: CORDONING OFF THE ROUTE OR FILMING SITE
4- 11 -28: PUBLIC CONDUCT DURING FILMING
4- 11 -29:
PROHIBITIONS
4- 11 -30:
MISREPRESENTATION
4- 11 -31:
PERMIT MODIFICATION
4- 11 -32:
PROCEDURE FOR REVOCATION OR SUSPENSION OF
PERMIT
4- 11 -33:
APPEALS TO THE CITY COUNCIL
4- 11 -34:
EXPEDITED REVIEW
4 -11 -1: PURPOSE:
This Chapter is adopted pursuant to the City's police powers for the purpose
of establishing a permit system to regulate motion picture and television
production in the City of El Segundo. Application of this Chapter is intended
to protect community health, safety, welfare, and property rights by ensuring
that motion picture and television production within the City has minimal
impact upon businesses and residents.
4 -11 -2: DEFINITIONS:
Unless the contrary is stated or clearly appears from the context, the following
definitions govern the construction of words and phrases used in this chapter:
"Administrator" means the city manager or designee.
"Applicant" means a person seeking a filming permit pursuant to this chapter.
"Current news" means regularly scheduled news programs (excluding
documentary programs) and special news programs which are not
preplanned and are broadcast within seventy -two (72) hours after filming.
"Filming" includes all activity attendant to staging or shooting commercial
motion pictures, video shows, programs, or commercials, and commercially
prepared radio broadcasts. Filming also includes any noncommercial filming
that obstructs, delays, disrupts, or otherwise interferes with the ordinary use
of city streets, parking facilities, sidewalks or other public rights -of -way,
including, without limitation, on- street parking and vehicle traffic within
neighborhoods.
"Filming site" means the location designated by a valid permit issued pursuant
to this chapter for filming and all ancillary uses including, without limitation,
catering, storage, and parking.
"Impact zone" means the area within a 300 foot radius surrounding a filming
site which is presumed to be affected by filming and activities ancillary to
filming.
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"Low Impact Filming" means filming where (a) the filming site involves limited
use of the public right of way, is in non - residential areas, or experiences little
or no vehicle traffic; or (b) the filming does not include lighting, noise, or
special effects.
"Neighbors" means persons residing at residential dwelling units, including all
residents in multi- tenant buildings, or operating at business addresses within
an impact zone.
"No impact filming" means filming that occurs pursuant to the terms of a valid
permit where light, sound, smell, or vibrations resulting from the filming, or
activities ancillary to filming, does not interfere with neighbors' comfortable
enjoyment of life or property.
"Permittee" means any natural person, entity, or combinations thereof
possessing a film permit issued by the city pursuant to this chapter.
"Still Photography" means and includes all activity attendant to staging or
shooting commercial still photographs.
4 -11 -3: PERMIT REQUIRED; EXEMPTIONS:
B. Except as otherwise provided, it is unlawful for any person to
engage in, conduct, or carry on filming or commercial still photography on
any public or private property, facility, or residence without a valid permit
issued pursuant to this chapter.
C. A permit is not deemed issued until the administrator receives the
applicant's written acceptance in accordance with this chapter.
D. Exemptions:
1. Current News: This chapter does 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 broadcasting current news
concerning those persons, scenes, or occurrences which are
in the news and of general public interest.
2. Studios: This chapter does not apply to or affect a
motion picture, television, or radio broadcasting studio
operating within its physical confines at an established or
fixed place of business in the city.
3. Charitable Purposes: A permit fee is not required for
any permit issued for filming when the administrator
determines, based upon reasonable evidence, that filming is
conducted or carried on wholly for a charitable or nonprofit
purpose either directly or indirectly, by any individual.
4. Educational Purposes: A permit fee is not required for
any permit issued for filming when the administrator
determines, based upon reasonable evidence, that filming is
conducted or carried on wholly for student and class
photographs, sports pictures, Independent Student Media
Film Class activities, Photography Class activities and
student cable filming.
4 -11 -4: ADDITIONAL AGREEMENTS: In addition to, or in lieu of, a permit
required by this chapter, use of any public facility within the City may require a
rental or use agreement.
4 -11 -5: ADMINISTRATION: The administrator is authorized to receive
applications, issue and revoke permits, and otherwise implement this chapter.
4 -11 -6: APPLICATION FOR PERMIT; CONTENTS; ISSUANCE:
A. Information Required: The following information must be included in
the application:
1. The name, mailing address, and daytime telephone
number of the person who will be present during, and
responsible for, the filming
2. The address or place at which the activity is to be
conducted;
3. The specific location(s) at such address or place;
4. The inclusive times and dates such activity will transpire;
5. A general statement of the character or nature of the
proposed activity;
6. The number of personnel to be involved;
7. Anticipated use of any animals, pyrotechnics, fire, or
explosives;
8. The food servicing arrangements;
9. Requests for special assistance at the location, including,
without limitation, street closure, traffic control, and
emergency services;
10. Whether the activity to be filmed includes vehicle chases
or other activities dangerous to the participants or to the
public, with a description of the activity to be filmed;
11. The amount and type of equipment to be involved
including without limitation, the number and size of vehicles,
location of all vehicles and ancillary equipment, and the
name of the person responsible for keeping the filming site
clear and clean.
12. A declaration regarding notification of residences and
businesses within the impact zone as required by this
chapter; and
13. Such other information as the administrator deems
appropriate.
B. In addition to the provisions of this Chapter, any applicant engaging in
activity that requires compliance with federal, state, or local regulations,
including additional licenses or permits, must present evidence of
satisfactory compliance with those requirements.
4 -11 -7: APPLICATION AND PERMIT FEES:
A. Motion Picture, Radio, Or Television Productions:
1. A nonrefundable application fee for motion picture, radio
or television productions as set by resolution of the city
council must be paid.
2. A permit fee set by city council resolution must 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.
3. The use of public parks and buildings located in public
parks to the exclusion of the general public is discouraged;
however, when such permit is granted, the permit fee will be
fixed by city council resolution.
B. Still Photography:
1. A nonrefundable application fee for still photography
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commercial advertising as set by resolution of the city
council must be paid.
2. A permit fee set by city council resolution must 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.
3. The use of public parks and buildings located in public
parks to the exclusion of the general public is discouraged;
however, when such permit is granted, the permit fee will be
fixed by city council resolution.
4 -11 -8: DIRECT OVERHEAD EXPENSES:
In addition to the fees and charges established, the permittee must pay all
costs and direct overhead of the city for supervising, controlling, and
managing permittee's operation. This includes, without limitation, all
personnel costs, all material and supply costs, and all other direct costs and
expenses of the city. These costs and expenses will be computed at the
conclusion of the project and be deducted from the deposit required.
4 -11 -9: CASH DEPOSIT FOR FEES AND SECURITY DEPOSIT
REQUIRED:
A. Cash Deposit: After the application fee is paid and the application
approved and before any permit is issued, permittee must deposit with the
city a cash deposit computed as follows: Twice the amount determined by
the city to be the total cost to the city plus a sum equal to all permit and
license fees.
B. Conditions For Refund Of Security Deposit: At the conclusion of the
project, the total of the deposit will be applied to the city's permit and
license fees and to the city's costs and direct overhead of administering
and supervising the permit; and the balance, if any, will be deemed a
security deposit. The security deposit must 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 will be retained by the city.
4- 11 -10: SECURITY DEPOSIT RETENTION; APPEAL:
Any person aggrieved by the administrator's determination concerning the
amount of the deposit or the amount of any refund may file a written appeal
as provided by this chapter.
4- 11 -11: REVIEW BY CITY OFFICERS:
A. After a film permit application is filed, the administrator must
forward the application to directors, or designees (collectively "reviewing
officers "), whose departments are affected by the proposed event for their
recommendations. The reviewing officers may include, without limitation:
The fire chief;
2. The police chief;
The recreation and parks director; and /or
4. The public works director.
5. The El Segundo Unified School District
superintendent when filming will occur along a route or at a
location adjacent to a school or classroom.
B. Upon receiving an application, the reviewing officers must consider
the application, conduct any necessary investigation, and provide the
administrator with written recommendations regarding:
Any special conditions for a permit;
2. Whether, based on the scope of the proposed filming,
a pre - filming operational meeting is required. Should such a
meeting be necessary, the administrator will notify the
applicant of the time and place of the meeting within a
reasonable time before filming; and
3. Any additional recommendations.
C. The reviewing officers must complete their review before the
administrator can make a decision on the application.
4- 11 -12: TIME REQUIREMENTS:
A. Except as provided in this Chapter, completed applications for a
film permit must be filed in the administrator's office at least:
1. Three (3) business days before the filming date for a
permit that does not require City services and is low impact
filming; or
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2. Five (5) business days before the filming date for
filming involving stunts or traffic control; or
3. Ten (10) business days before the filming date for
filming involving closure of public streets or rights -of -way, or
use of pyrotechnics, fire, or explosives for special effects,
except that an application may be filed pursuant to
subsection A(1) if special effects are limited to the use of
"squibs" as defined in Title 19, Section 980 of the California
Code of Regulations, or any successor regulation, and the
fire department determined the pyrotechnic operator's
license to be in good standing within the previous twelve (12)
months.
B. Except as provided in this Chapter, completed applications for a
film permit must be denied, approved, or conditionally approved by the
administrator within the applicable time periods established by
Subsections A(1 -3). Following his /her decision, the administrator will
promptly attempt to notify the applicant orally and in writing.
C. Unless otherwise provided, the applicant's acceptance of the
approval or conditional approval must be received by the administrator
before the filming date. Failure to accept the decision or failure to file a
request for appeal constitutes a withdrawal of the application.
4- 11 -13: ACTION ON PERMIT APPLICATION — PERMIT ISSUANCE:
A. The administrator must issue a permit if
1. The application was complete in accordance with this
Chapter;
2. There are no grounds for denying the permit; and
3. Applicant accepts the permit approval or conditional
approval in writing.
B. Use of any permit issued pursuant to this Chapter must conform to
the general permit conditions of this Chapter and, if applicable, special
permit conditions reasonably deemed necessary by the administrator to
protect public safety and /or welfare. Such special conditions may include,
without limitation, conditions for controlling pedestrian and /or vehicle
traffic, for protecting public and /or private property, and /or for protecting
public health and safety.
4- 11 -14: ACTION ON PERMIT APPLICATION — PERMIT DENIAL:
L-*1
A. A permit may be denied for the following reasons:
The application is incomplete;
2. The applicant failed to provide reasonable
supplemental application information requested by the
administrator;
Information submitted by the applicant is materially
false;
4. Applicant seeks approval for filming that is so close in
time and location to another event scheduled for the same
date as to cause unreasonable traffic congestion and /or to
overextend public safety and /or emergency services;
5. Filming time and /or methodology will unreasonably
interrupt the safe and orderly movement of traffic contiguous
to the filming site;
6. The concentration of persons, animals, and /or
vehicles at the filming prevents public safety and /or
emergency services from reaching areas at or contiguous to
the event;
7. The concentration of persons, animals, and /or
vehicles at the filming on or adjacent to public institutions or
schools prevents normal egress and ingress into the facility;
8. The size of filming will overextend public safety and /or
emergency services to the extent that the safety of filming
participants, attendees, and /or the remainder of the City will
be seriously jeopardized; provided, however, that nothing
authorizes denial of a permit because of the need to protect
participants from the conduct of others if reasonable permit
conditions can be imposed;
9. The filming location will substantially interfere with
construction or maintenance work previously scheduled to
take place on or along the City street, parking facility,
sidewalk or other public right -of -way to be occupied by the
event;
10. The filming will occur along a route or location
adjacent to a hospital or extended care facility, and the noise
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created by the filming would substantially disrupt the
operation of the hospital or extended care facility or disturb
the patients within;
11. The filming will occur at a location adjacent to a library
and the noise created by the filming will substantially disrupt
the library's operation or disturb a library's patrons;
12. The application is not timely submitted and there is
insufficient time to investigate and process the application
pursuant to the timelines in this Chapter;
13. The application fails to include a declaration regarding
notification of residences and businesses within the impact
zone as required by this chapter.
B. The administrator must consult with the city attorney before denying
a filming permit.
4- 11 -15: ALTERNATIVE TIME, PLACE, OR MANNER:
If the administrator denies a film permit that would be acceptable by changing
filming time, place, or manner, then the administrator may inform the
applicant of such alternatives. Should the applicant accept the alternative
time, place, or manner then the administrator will issue a permit in
accordance with this Chapter.
4- 11 -16: ADMINISTRATIVE POLICIES AND PROCEDURES:
The city manager is authorized and directed to promulgate administrative
policies and procedures governing the form, time, and location within the city
to implement this chapter. The rules and regulations can be based upon the
following criteria:
A. Traffic congestion at particular locations within the city;
B. The written consent of all property owners or occupants in
possession of property within the impact zone, as determined by the
administrator and in accordance with this chapter;
C. The safety and convenience of all persons;
D. The disruption of normal activities of all persons at particular
locations within the city;
E, The safety of property within the city.
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4- 11 -17: MAXIMUM NUMBER OF FILMING DAYS ALLOWED:
No permit can be issued if it will result in any address being located within an
impact zone for more than twenty (20) days in the preceding twelve (12)
month period. The administrator may increase this twenty (20) day maximum
to up to twenty -four (24) days if consent is received from 100% of addresses
that have been within an impact zone for more than twenty (20) days in the
preceding twelve (12) month period.
4- 11 -18: INDEMNIFICATION AGREEMENT:
Permittees must enter into a hold harmless agreement with the City which, in
part, indemnifies City, its officers, employees, and agents, from any liability
arising from permittees' filming in a form approved by the city attorney.
4- 11 -19: GENERAL PERMIT CONDITIONS — LIABILITY INSURANCE:
A. Insurance Requirements. Permittee must obtain public liability
insurance from an insurance company licensed to do business in the state
of California and having a financial rating in Best's Insurance Guide of not
less than "A VII." Such insurance must provide "occurrence" coverage
against liabilities for death, personal injury, or property damage arising out
of or in any way connected with filming. Such insurance shall be based
upon the size and nature of filming, the risks foreseeably involved, and
must be in the amount of at least one million dollars ($1,000,000),
combined single limit, and name the City and the City's officers,
employees, agents, and volunteers as additional insureds under the
coverage afforded. The city's risk manager may increase this minimum
limit depending on the risk involved with the proposed filming. In addition,
such insurance must be primary and noncontributing with respect to any
other insurance available to the City and include a severability of interest
(cross - liability) clause. If alcoholic beverages are sold or served during
filming, the policy must also include an endorsement for liquor liability in
an amount not less than one million dollars ($1,000,000).
B. Certificates of Insurance. A copy of the policy or a certificate of
insurance along with all necessary endorsements, in a form approved by
the City's risk manager, must be filed with the administrator not less than
five (5) business days, except as otherwise provided in this Chapter,
before filming unless the administrator for good cause waives the filing
deadline.
C. Bonds. A bond /cash deposit may be required for purposes of
repairing any damage and restoring City facilities to original condition.
The amount will be determined by the administrator. In the event of such
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damage, City will provide written notice to the permittee specifying the
damage to be repaired and /or City facilities to be restored. If, after
providing permittee with such written notice, the requested repairs and /or
restoration of City facilities have not been commenced and /or completed
within seven (7) days, City may draw upon the bond /cash deposit to effect
said repairs and /or restoration of City facilities. In the event of damage
requiring emergency repairs and /or restoration of City facilities by the City,
the permittee is required to reimburse the City in full for all costs incurred
within thirty (30) days receipt of invoice from City.
4- 11 -20: NOTICE TO RESIDENCES AND BUSINESSES — GENERALLY:
Before the administrator issues a filming permit, an applicant must notify
neighbors within an impact zone as follows:
A. The applicant must make every reasonable effort to notify
neighbors within the impact zones, by any reasonable means specified by
the administrator, regarding the filming's nature, date, and time.
B. Notifications must include applicant's name, address, telephone
number, date(s), and time(s) of filming.
C. The applicant must submit a declaration, signed under penalty of
perjury, with a permit application stating that reasonable notice was
provided to every neighbor within the impact zone.
D. The administrator may, at the applicant's cost, prepare
documentation showing the neighbors within an impact zone.
4- 11 -21: IMPACT ZONE PROTESTS:
A. The neighbors within the impact zone are entitled to one protest per
address. All protests must be received by the administrator at least two
(2) business days before the filming date;
B. The administrator cannot issue a filming permit if:
1. More than fifty percent (50 %) of neighbors within the
impact zone submit protests against Low Impact Filming.
The administrator may, but is not required to, require a lower
percentage of protests based upon the time, place, or
manner of the proposed filming and its consequent impact
on surrounding businesses or residences;
2. If the administrator receives at least one (1) protest
from a neighbor within the impact zone for filming that
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requires street closures; or
3. More than ten percent (10 %) of neighbors within the
impact zone for all other filming sites submit protests.
C. A rebuttable presumption of one hundred percent (100 %) approval
from neighbors within an impact zone is established if the administrator
does not receive any protests from within an impact zone.
D. Neighbors may submit protests for all filming located within 300
feet of their property with the administrator. The administrator will keep a
record of such protests until the end of each calendar year and apply such
protests when determining the protest percentages established by this
section. Protests must be resubmitted at the beginning of each calendar
year to be effective.
4- 11 -22: GENERAL PERMIT CONDITIONS — SPECIAL EFFECTS; FIRE
PERMIT:
An applicant must obtain a permit from the City fire department for filming
that includes pyrotechnics, fires, or explosives. During filming the
permittee must, at its own expense, use City fire personnel deemed
necessary by the City fire department. All City fire permits must be
obtained at least seventy -two (72) hours before filming.
4- 11 -23: GENERAL PERMIT CONDITIONS — ADDITIONAL
REQUIREMENTS:
A. Filming cannot commence before 7:00 a.m.- unless it is -no impact
filming allowed by a valid permit.
B. The permit, in its entirety, must be in the possession of the
permittee at all times while filming.
C. A permittee must conduct operations in an orderly fashion. The
area used must be cleaned of trash and debris upon completion and
before leaving the filming site(s). A deposit to assure that a permittee
removes all trash and debris from the filming site(s) may be required. This
requirement and the amount may be determined by the administrator.
D. Vehicle parking for all filming related activities must be in
accordance with the administrator's directions.
E. All camera cars must have a police escort. The administrator may
determine how many police officers will be required to escort camera cars.
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F. All filming and ancillary activities must cease not later than 10:00
p.m. unless it is -no impact filming allowed by a valid permit. Such
ancillary activities include, without limitation, striking sets, loading
equipment, and vehicle traffic.
G. Permittees must protect any neighbors within an impact zone from
glare caused by lighting used for filming after sunset -.
H. Production companies - cannot place equipment or vehicles on
private property - without the private property resident's written consent -.
4- 11 -24: SUBSEQUENT CONDITIONS:
A. Grounds for Subsequent Conditions. The administrator may
condition previously issued permits upon learning or discovering facts not
previously disclosed or reasonably discoverable.
B. Notice of Subsequent Conditions. Should subsequent conditions
be required, the administrator will serve written notice on the permittee of
this decision. When acting upon information obtained twenty -four (24)
hours before filming, the administrator may orally inform the permittee,
and City personnel overseeing filming, of the new conditions.
4- 11 -25: EMERGENCY SUSPENSION OF FILMING:
The city manager, administrator, and /or any sworn public safety officer may
temporarily suspend filming whenever there is an emergency that requires
such action to protect public safety. Should this occur, the permittee and
filming participants must immediately comply with the suspending officer's
instructions. The administrator will immediately attempt to notify the applicant
orally and notify the applicant in writing, within twenty -four (24) hours after the
suspension, citing with particularity the facts and the reasons for the
suspension.
4- 11 -26: LAND USE AND PARKING REGULATIONS INAPPLICABLE:
Except as otherwise provided by this Chapter or the terms and conditions of a
permit issued under this Chapter, those provisions of this Code regulating
land use and parking do not apply to a permittee. All other provisions of this
Code are applicable to the permittee's conduct except as specifically provided
in the permit.
4- 11 -27: CORDONING OFF THE ROUTE OR FILMING SITE:
The administrator, or designee, is authorized and directed to establish traffic
and /or crowd control devices on or within the City's streets, parking facilities,
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sidewalks, or other public rights -of -way, and to undertake other actions
necessary to cordon off the filming site. In addition, the administrator, can,
when appropriate, cause the filming site to be posted as a no- parking zone for
the duration of filming and sufficiently in advance thereof as may be
necessary to prevent vehicles from parking along the route or at the filming
location.
4- 11 -28: PUBLIC CONDUCT DURING FILMING:
A. Interference with Filming. It is unlawful for any person to physically
obstruct, impede, hamper or otherwise interfere with any filming
authorized by a permit or with any person, animal or vehicle participating
or used in filming.
B. Driving Through the Filming Site. It is unlawful for any person to
drive a vehicle between vehicles or persons authorized by a film permit
when such vehicles or persons are in motion.
C. Prohibited Parking. It is unlawful for any person to park along or
within any portion of the route or filming site, when the filming site is
designated as a no- parking zone by the administrator in the manner
authorized by this Chapter.
4- 11 -29: PROHIBITIONS:
It is unlawful for any person to engage in filming that would constitute a
hazard to public safety or interfere with or endanger the public peace or rights
of residents and other occupants of property to the quiet, peaceful,
unmolested enjoyment of their property.
4- 11 -30: MISREPRESENTATION:
It is unlawful for any person to knowingly or intentionally misrepresent to any
officer or employee of the city any material fact in procuring the permit
provided for in this chapter.
4- 11 -31: PERMIT MODIFICATION:
A. If, due to inclement weather or other, similar, unforeseen
circumstances, it is necessary to change the filming date and /or time, the
administrator may, upon permittee's request, issue a film permit
addendum authorizing filming at the same location for new times and
dates. Permittee must comply with all applicable provisions of this
Chapter, including notification, and pay any reasonable administrative fee
that permit reissuance may cost.
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B. If there is any substantial change in the filming from that described
in the permit application, an applicant must pay the permit application fee
and obtain an amended permit before the filming date.
4- 11 -32: PROCEDURE FOR REVOCATION OR SUSPENSION OF
PERMIT:
A. The administrator can revoke a film permit upon learning or
discovering facts requiring permit denial not previously disclosed or
reasonably discoverable.
B. The administrator may revoke a film permit when the permittee
and /or filming violates the permit's terms and conditions, or when filming
participants violate applicable laws or regulations; provided, however, that
this subsection does not authorize revoking a permit because of the need
to protect participants from the conduct of others; and, provided further,
that the administrator cannot revoke a permit without warning the
permittee and allowing him /her to correct the violation(s) within a
reasonable time.
C. If the administrator revokes a permit before the filming date, the
administrator must immediately serve written notice of revocation on the
permittee and provide copies of the notice to all City personnel charged
with carrying out any responsibility under this Chapter. If the administrator
revokes a permit on the day of filming after learning of facts justifying
revocation less than twenty -four (24) hours before the filming commenced,
the administrator must announce such action to the filming participants,
City officers and employees monitoring or controlling traffic during the
filming, and the person in charge of the filming, if such person can be
located at the filming location. Written notice must be delivered after such
action to the permittee.
D. An applicant is entitled to an administrative hearing before a
hearing officer designated by the city manager provided
1. The applicant appeals the administrator's decision
within twenty -four (24) hours of receiving notice of such
conditions;
2. Filming is scheduled at least forty-eight (48) hours
after the hearing time;
3. The hearing will be at the administrator's office at 4:00
P.M. the day after the hearing is requested, unless otherwise
agreed upon. The hearing officer will issue a decision orally
at the conclusion of the hearing and also notify the applicant,
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the administrator in writing of the hearing officer's decision;
4. Any notification of action, whether oral or written,
must describe with particularity the facts and the reasons for
the decision;
E. The administrator must consult with the city attorney before
revoking a filming permit.
F. Appeals To Council: Any person aggrieved by the decision of the
administrator may appeal to the council in the manner provided by this
chapter.
G. Failure To Appeal: In the event no appeal is taken by the permittee,
the decision of the administrator revoking or suspending such permit
becomes final and conclusive on the expiration of the time fixed for the
appeal as set forth in this chapter.
4- 11 -33: APPEALS TO THE CITY COUNCIL:
A. Procedures: Any person aggrieved by any decision of the
administrator or of any other officer of the city made pursuant to the
provisions of this chapter may appeal to the council within fifteen (15) 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. If such
appeal is made within the time prescribed, the city clerk will schedule a
hearing before the council within thirty (30) days after the date of the
receipt of such notice of appeal, giving the appellant not less than ten (10)
days' notice in writing of the time and place of the hearing. The findings
and determinations of the council at such hearing are final and conclusive
and within three (3) days after such findings and determinations are made,
the city clerk will give notice thereof to the appellant.
B. Council Determination: For appeals relating to the suspension or
revocation of permits issued pursuant to this chapter, the council's
determination become effective on the second day after the city clerk
gives notice thereof to the appellant, unless otherwise provided by the
council.
4- 11 -34: EXPEDITED REVIEW:
Pursuant to California Code of Civil Procedure § 1094.8(c), and any
successor statute or regulation, the permits under this chapter are designated
for expedited judicial review pursuant to the procedure set forth in California
Code of Civil Procedure § 1094.8, or any successor statute or regulation."
17
SECTION 2: This ordinance is exempt from review under the California
Environmental Quality Act (California Public Resources Code §§ 21000, et seq.,
"CEQA ") and CEQA regulations (14 California Code of Regulations §§ 15000, et
seq.) because it establishes rules and procedures to permit operation of existing
facilities; minor temporary use of land; ensure maintenance, restoration and
protection of the environment; and regulate normal operations of facilities for
public gatherings. This Ordinance, therefore, is categorically exempt from further
CEQA review under Cal. Code Regs. Title 14, §§ 15301, 15304(e), 15308, and
15323.
SECTION 3: If any part of this Ordinance or its application is deemed invalid by a
court of competent jurisdiction, the City Council intends that such invalidity will
not affect the effectiveness of the remaining provisions or applications and, to
this end, the provisions of this Ordinance are severable.
SECTION 4: Repeal of any provision of the El Segundo Municipal Code does not
affect any penalty, forfeiture, or liability incurred before, or preclude prosecution
and imposition of penalties for any violation occurring before this Ordinance's
effective date. Any such repealed part will remain in full force and effect for
sustaining action or prosecuting violations occurring before the effective date of
this Ordinance.
SECTION 5: The City Clerk is directed to certify the passage and adoption of this
Ordinance; cause it to be entered into the City of El Segundo's book of original
ordinances; make a note of the passage and adoption in the records of this
meeting; and, within fifteen (15) days after the passage and adoption of this
Ordinance, cause it to be published or posted in accordance with California law.
SECTION 6: This Ordinance will become effective on the thirty -first (31st) day
following its passage and adoption.
PASSED AND ADOPTED this 7th day of October 2008.
r
elly 'Dowell, Itor
`m
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO 1
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby
certify that the whole number of members of the City Council of said City is five;
that the foregoing Ordinance No. 1424 was duly introduced by said City
Council at a regular meeting held on the 16th day of September
2008, and was duly passed and adopted by said City Council, approved and
signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of
said Council held on the 7th day of October 2008, and the
same was so passed and adopted by the following vote:
AYES: McDowell, Busch, Fisher, Jacobson
NOES: None
ABSENT: Brann
ABSTAIN: None
r �
Cindy Wrtesen, City Clerk
APPR(
Mark E
19