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RPVCCA_CC_SR_2012_05_29_D_Ord_536_Film_Permit_ExemptionCITY OF MEMORANDUM RANCHO PALOS VERDES TO: FROM: DATE:. SUBJECT: HONORABLE MAYOR &CITY COUNCIL MEMBERS W CAROLYNN PETRU,AICP,DEPUTY CITY MANAGER AND INTERIM DIRECTOR OF RECREATION &PARKS MAY 29,2012 ORDINANCE PROVIDING A FILM PERMIT EXEMPTION FOR 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 Adopt Ordinance No.536,an ordinance of the City of Rancho Palos Verdes providing an exemption from the City's film permit requirement for group photography and videography on City property,and amending the Rancho Palos Verdes Municipal Code. DISCUSSION On May 15,2012,the City Council re-introduced Ordinance No.536 to provide a limited exemption from the City's film permit requirement for group photography and videography. Staff now presents this ordinance for second reading and adoption. CONCLUSION In conclusion,Staff recommends that the City Council adopt Ordinance No.536,an ordinance of the City of Rancho Palos Verdes providing an exemption from the City's film permit requirement for group photography and videography on City property,and amending the Rancho Palos Verdes Municipal Code. Attachments: •Ordinance No.536 M:\Film Permits\Small Group Film Permit Exemption Ordinance\20120529_RevRPVMC916_StaffRpt.doc D-1 CITY OF MEMORANDUM RANCHO PALOS VERDES TO: FROM: DATE:. SUBJECT: HONORABLE MAYOR &CITY COUNCIL MEMBERS W CAROLYNN PETRU,AICP,DEPUTY CITY MANAGER AND INTERIM DIRECTOR OF RECREATION &PARKS MAY 29,2012 ORDINANCE PROVIDING A FILM PERMIT EXEMPTION FOR 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 Adopt Ordinance No.536,an ordinance of the City of Rancho Palos Verdes providing an exemption from the City's film permit requirement for group photography and videography on City property,and amending the Rancho Palos Verdes Municipal Code. DISCUSSION On May 15,2012,the City Council re-introduced Ordinance No.536 to provide a limited exemption from the City's film permit requirement for group photography and videography. Staff now presents this ordinance for second reading and adoption. CONCLUSION In conclusion,Staff recommends that the City Council adopt Ordinance No.536,an ordinance of the City of Rancho Palos Verdes providing an exemption from the City's film permit requirement for group photography and videography on City property,and amending the Rancho Palos Verdes Municipal Code. Attachments: •Ordinance No.536 M:\Film Permits\Small Group Film Permit Exemption Ordinance\20120529_RevRPVMC916_StaffRpt.doc ORDINANCE NO.536 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES PROVIDING A FILM PERMIT EXEMPTION FOR 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 hav~become very popular with commercial still photographers and videographers as settings for wedding parties and similar groups, who often do not obtain a City film permit in advance;and, WHEREAS,the City Council acknowledges that,although some of these groups could monopolize City facilities to the detriment of general park users and place a disproportionate and uncompensated burden on the City,the City's current film permit process and fees may be burdensome for commercial still photography and videography for such groups,which could have fewer adverse impacts upon the City's parks if the amount of time that they are allowed to take photographs or videos in City parks without a film perrn,it is limited;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): D-2 ORDINANCE NO.536 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES PROVIDING A FILM PERMIT EXEMPTION FOR 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 hav~become very popular with commercial still photographers and videographers as settings for wedding parties and similar groups, who often do not obtain a City film permit in advance;and, WHEREAS,the City Council acknowledges that,although some of these groups could monopolize City facilities to the detriment of general park users and place a disproportionate and uncompensated burden on the City,the City's current film permit process and fees may be burdensome for commercial still photography and videography for such groups,which could have fewer adverse impacts upon the City's parks if the amount of time that they are allowed to take photographs or videos in City parks without a film perrn,it is limited;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): 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 photograph v and videography on City-owned property for groups of.individuals.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: and provided that no group may utilize the property for photographic and/or videographic purposes for more than forty-five (45)minutes 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.536 Page 2 of3 D-3 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 photograph v and videography on City-owned property for groups of.individuals.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: and provided that no group may utilize the property for photographic and/or videographic purposes for more than forty-five (45)minutes 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.536 Page 2 of3 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.536 passed first reading on May 15,2012,was dUly and regularly adopted by the City Council of said City at a regular meeting thereof held on May 29,2012,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\20120515_RevRPVMC916_DraftOrd (REVISED).doc Ordinance No.536 Page 3 of 3 D-4 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.536 passed first reading on May 15,2012,was dUly and regularly adopted by the City Council of said City at a regular meeting thereof held on May 29,2012,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\20120515_RevRPVMC916_DraftOrd (REVISED).doc Ordinance No.536 Page 3 of 3