RPVCCA_CC_SR_2012_05_01_03_Ordinance_Providing_Film_Permit_ExemptionCITY OF
MEMORANDUM
RANCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
HONORABLE MAYOR &CITY COUNCIL MEMBERS
CAROLYNN PETRU,AICP,DEPUTY CITY MANAGEW
AND INTERIM DIRECTOR OF RECREATION &PARKS
MAY 1,2012
ORDINANCE PROVIDING A FILM PERMIT EXEMPTION
FOR SMALL GROUP COMMERCIAL PHOTOGRAPHY
AND VIDEOGRAPHY ON CITY PROPERTY (Supports
2012 City Council Goal "Support of Local Businesses")
REVIEWED:CAROLYN LEHR,CITY MANAGER~
Project Manager:Kit Fox,AICP,Senior Administrative Analyst~
RECOMMENDATION
Introduce Ordinance No._,an ordinance of the City of Rancho Palos Verdes providing
an exemption from the City's film permit requirement for small group photography and
videography on City property,and amending the Rancho Palos Verdes Municipal Code.
BACKGROUND
Based upon the City's current Municipal Code,a film permit should be obtained by all
commercial photographers and videographers doing business in the City,whether on public
or private property.Many of these professionals do obtain film permits for work related to
commercial print advertising,promotional video and Internet website content.However,it
has been Staff's experience that almost none of these professionals obtain film permits for
commercial work such as weddings.1
In recent years,the City's parks have become increasingly attractive backdrops for
commercial still photographers and videographers to use for their wedding clients and other
similar groups.The Point Vicente Interpretive Center (PVIC)and Abalone Cove Shoreline
Park are especially popularforthis purpose.Unfortunately,this popularity has occasionally
1 In a recent review of film permits issued by the City Manager's Office,Staff identified only one (1)
film permit issued for wedding photography in a City park in the past five (5)years.
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MEMORANDUM:Ordinance Exempting Small Group Commercial Photography
May 1,2012
Page 2
resulted in some of these larger groups monopolizing public restrooms and other site
amenities in these parks,to the detriment of the general public.This also places a burden
upon Recreation and Park Staff,who end up having to devote more time to monitoring
these larger parties rather than providing assistance and service to general park visitors.
Due to the impact that large-group photography and videography activity has upon the
City's parks,Staff believes that it is important to continue to require film permits for these
larger groups.Staff intends to be more proactive in reaching out to professional
photographers and videographers to advise them of the need for film permits.However,
Staff also acknowledges that the current film permit process and fees may be prohibitive for
small groups.For example,the basic fees for commercial still photography or videography
for one day in a City park currently total $738.00 (still photography)or $1,227.00 (video).In
addition,Staff believes that small groups are less likely to have the adverse impacts on
park facilities,City Staff and other park visitors that larger groups often have.In addition,
Staff believes that groups renting a City facility for an event should be allowed to include
commercial photography or videography without needing to obtain a separate film permit.
DISCUSSION
As described in the attached draft Ordinance,Staff proposes to exempt small groups from
the City's film permit requirement on City property,based upon the following assumptions:
•The exemption would apply to small groups,not exceeding five (5)persons per
group;
•The use of props would not be allowed;
•The photographs and/or videos would be only for the private and non-commercial
use of the person(s)being photographed and/or recorded;
•All City regulations and policies for the use of City property would be observed;and,
•No group could utilize this exemption for more than one-half (%)hour per day.
In addition to small groups desiring to have professional photographs or videos taken on
City property,individuals or groups that are renting a meeting room or other facility at a City
park for an event may also desire to have these services.In renting a City facility,renters
are required to pay fees and provide the City with proof of insurance,similar to the
requirements of a film permit.As such,Staff also suggests extending this exemption to
groups of any size when the commercial still photography and/or videography are
associated with the authorized use or rental of a City facility for an event.
CONCLUSION
In conclusion,Staff recommends that the City Council introduce Ordinance No._,an
ordinance of the City of Rancho Palos Verdes providing an exemption from the City's film
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MEMORANDUM:Ordinance Exempting Small Group Commercial Photography
May 1,2012
Page 3
permit requirement for small group photography and videography on City property,and
amending the Rancho Palos Verdes Municipal Code.
ALTERNATIVES
In addition to Staff's recommendation,the following alternative actions are available for the
City Council's consideration:
1.Direct Staff to revise the proposed ordinance and agendize it for reintroduction at a
future City Council meeting.
2.Do not introduce the proposed ordinance.
FISCAL IMPACT
As discussed above,the City currently receives virtually no permit revenue from film
permits for commercial still photography or videography related to wedding parties and
similar groups.Ifthe proposed Ordinance is adopted,it would foreclose the City's ability to
collect film permit fees for small groups (as defined)and for renters of City facilities.
However,Staff is attempting to reach out to commercial photographers and videographers
to advise them of the City's film permit requirements for larger groups,with the hope that
this may improve compliance with the City's film permit regulations and increase related
film permit revenue accordingly.The additional film permit and business license revenue
that may be captured by these outreach efforts is not known.
Attachments:
•Ordinance No.
•RPVMC Chapter9.16 (Still Photography,Motion Picture and Television Productions)
M:\Film Permits\Smali Group Photography Exemption\20120501_RevRPVMC916_StaffRpt.doc
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
PROVIDING A FILM PERMIT EXEMPTION FOR SMALL GROUP
COMMERCIAL PHOTOGRAPHY AND VIDEOGRAPHY ON CITY
PROPERTY,AND AMENDING THE RANCHO PALOS VERDES
MUNICIPAL CODE
WHEREAS,Section 9.16.020 of the Rancho Palos Verdes Municipal Code
(RPVMC)states that "[no]person shall use any public or private property,facility or
residence for the purpose of producing,taking or making any motion picture or
television production or engaging in still commercial photography without a permit
issued pursuant to the provisions of [Chapter 9.16]";and,
WHEREAS,"still commercial photography"is defined in RPVMC Section
9.16.010 as "all activity attendant to staging or shooting commercial still photographs,"
which the City has also consistently interpreted as extending to commercial videography
as well;and,
WHEREAS,certain City parks have become very popular with commercial still
photographers and videographers as settings for wedding parties and similar large
groups,without having obtained a City film permit in advance,thereby resulting in some
of these large groups monopolizing City facilities to the detriment of general park users
and placing an undue and uncompensated burden on Recreation and Parks Staff and
the City;and,
WHEREAS,the City Council acknowledges that the City's current film permit
process and fees may be burdensome for commercial still photography and
videography for very small groups,which are far less likely to have the adverse impacts
upon the City's parks that are caused by larger,non-permitted groups;and,
WHEREAS,the City Council further believes that it would be appropriate to allow
groups or individuals renting City facilities under the terms of an approved rental
agreement to employ commercial still photographers and/or videographers as a part of
their events without the issuance of a separate film permit by the City;and,
WHEREAS,it is in the best interest of the safety,health and general welfare for
the City to continue to regulate and permit filming activity in the City of Rancho Palos
Verdes as an important local and regional economic activity.
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY ORDAIN AS FOLLOWS:
Section 1:Section 9.16.030 of Chapter 9.16 of Title 9 of the Rancho Palos
Verdes Municipal Code is hereby amended to read as follows (additions underlined):
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9.16.030 Permit Exemptions
The provisions of this chapter shall not apply to the following:
A.Current news includes reporters,photographers or cameramen in the employ of
a newspaper,news service,broadcasting station or similar entity engaged in the
broadcasting of news events.
B.Charitable purposes includes productions which are conducted or carried on
wholly for a charitable purpose or from which no profit is derived,either directly or
indirectly;provided,however,that such charitable production shall be exempt
only from the provisions of Section 9.16.050.
C.Commercial still photography and videography on City-owned property for small
groups of individuals,not to exceed a total of five (5)persons in the group that is
being photographed and/or recorded,where no props are being used in the
photographs and/or videos,and where the photographs and/or videos are for the
private and non-commercial use of the person(s)being photographed and/or
recorded;provided that all City regulations and policies for the use of the City
property are observed at all times during the use of the property:and provided
that no small group may utilize the property for a period of more than one-half
(~)hour within a 24-hour period.
D.Commercial still photography and videography on City-owned property for groups
and/or individuals when occurring in conjunction with the authorized use or rental
of the City-owned property for an event.pursuant to an approved rental
agreement with the City,provided that all City regulations and policies for the use
of the property are observed at all times.
Section 2:The City Clerk shall certify to the adoption of this Ordinance,and
shall cause the same to be posted in the manner prescribed by law.
Ordinance No.
Page 2 of3
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PASSED,APPROVED AND ADOPTED THIS _TH DAY OF 2012.
MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF RANCHO PALOS VERDES
)
)
)
ss
I,CARLA MORREALE,City Clerk of the City of Rancho Palos Verdes,do hereby
certify that the whole number of members of the City Council of said City is five;that the
foregoing Ordinance No._passed first reading on ,2012,was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
____,2012,and that the same was passed and adopted by the following roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY CLERK
M:\Film Permits\Small Group Film Permit Exemption Ordinance\20120501_RevRPVMC916_DraftOrd.doc
Ordinance No.
Page 3 of 3
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Chapter 9.16
Sections:
9.16.010
9.16.020
9.16.030
9.16.040
9.16.050
9.16.060
9.16.070
9.16.080
9.16.090 .
9.16.100
9.16.110
9.16.120
9.16.010
STILL PHOTOGRAPHY,MOTION PICTURE AND TELEVISION
PRODUCTIONS
Definitions.
Permit required.
Permit exemptions.
Permit application.
Permit fees.
Permit issuance -.Conditions.
Cost of additional services.
Bond insurance.
Hold harmless agreement.
Conditions -Restrictions.
Cleanuplrestoration.
Violation.
Definitions.
For purposes of this chapter,the following definitions shall apply:
"Motion picture or television productions" means all activity attendant to staging or
shooting commercial motion pictures,television shows,programs,or commercials.
"Still photography"means all activity attendant to staging or shooting commercial still
photographs.
9.16.020 Permit required.
No person shall use any public or private property,facility or residence for the purpose
of producing,taking or making any motion picture or television production or engaging
in still commercial photography without a permit issued pursuant to the provisions of this
chapter.
9.16.030 Permit exemptions.
The provisions of this chapter shall not apply to the following:
A.Current news includes reporters,photographers or cameramen in the employ of
a newspaper,news service,broadcasting station or similar entity engaged in the
broadcasting of news events.
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B.Charitable purposes includes productions which are conducted or carried on
wholly for a charitable purpose or from which no profit is derived,either directly or
indirectly;provided, however,that such charitable production shall be exempt
only from the provisions of Section 9.16.050
9.16.040 Permit application.
Any person desiring a permit under the provisions of this chapter shall make application
on the appropriate form provided by the city manager or his designee.Such application
shall be submitted at least three working days prior to the date on which such person
desires to conduct an activity for which a permit is required.If such activity interferes
with traffic,application should be made two weeks in advance.The city manager may
waive the requirement that applications be filed three days in advance when in his/her
opinion neither the city nor general public will be inconvenienced or harmed by his/her
doing so.
9.16.050 Permit fees.
Each application shall be accompanied by a fee as established by resolution of the city
council.
9.16.060 Permit issuance -Conditions.
The city manager shall issue a permit as provided for in this chapter when,from a
consideration of the application and from such other information as may be otherwise
obtained,he/she finds that:
A.The conduct of such activity will not unduly interfere with traffic or pedestrian
movement or endanger public safety.That no residential streets will be
completely closed to traffic and that prior to any filming,etc.,the concerned
residents will be notified in writing two weeks beforehand.
B.The conduct of such activity will not unduly interfere with normal governmental or
city operations,threaten to result in damage or detriment to private or 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.
The decision of the city manager to issue,conditionally issue,or not issue a permit shall
be final unless appealed in writing within five working days of the decision by requesting
a hearing of the city council at the next available meeting.
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9.16.070 Cost of additional services.
If deemed necessary by the city manager,additional sheriff,fire,lifeguards,and other
city services shall be provided for the purpose of protecting,assisting and regulating the
proposed activity.The cost of providing such additional services shall be paid to the city
by the applicant.Any additional city services will be provided/coordinated through the
city manager or his/her designee.
9.16.080 Bond insurance.
The city shall require,as a condition of issuing such a permit,that the applicant furnish
a bond,insurance or both in an amount of one million dollars 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 permittees'activities.A
copy of the bond or policy will remain on file with the application.The amount of bond
or insurance may be reduced by the city manager if he/she determines that the
proposed activity has little or no liability or property damage risk,or increased if in
his/her opinion the type of activity being conducted warrants a higher amount.
9.16.090 Hold harmless agreement.
The applicant shall execute a hold harmless agreement as provided by the city prior to
the issuance of any permit.
9.16.100 Conditions -Restrictions.
The applicant shall comply with any conditions or restrictions the city may impose as a
condition to issuing a permit pursuant to the provisions of this chapter when such
conditions or restrictions relate to the provisions of Section 9.16.060.No changes shall
be made without first obtaining the city's approval.
9.16.110 Cleanup/restoration.
The applicant shall conduct operations in an orderly fashion with continuous attention to
the storage of equipment not in use and the cleanup of trash and debris.The area used
shall be cleaned of trash and debris within four hours of the completion of the activity
and meet approval.Applicant shall be responsible for restoring any area damaged or
disrupted before leaving the site.If the site is not repaired or restored to city's
satisfaction,the city manager shall have the necessary restoration and/or repairs
performed and shall pay for said work from the bond posted with the city for faithful
performance.
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9.16.120 Violation.
Violation of the provisions of this chapter is determined to be a misdemeanor and may
be punishable by a fine of five hundred dollars,six months in the county jail,or by both
fine and punishment.
M:\Film Permits\RPVMC Chapter 9.16 (existing).doc
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