TITLE
Declare ordinance amending the Long Beach Municipal Code by amending Chapter 5.61 in its entirety relating to filming activity, read and adopted as read. (Citywide)
DISCUSSION
In 2003, the City issued the Long Beach Area Peace Network a special events permit pursuant to Chapter 5.60 of the Long Beach Municipal Code for a free speech event along Ocean Boulevard. Following the event, the City sought reimbursement for costs associated with the event pursuant to Chapter 5.60. The Peace Area Network objected to the City’s fee assessment and filed a lawsuit in Federal Court alleging, among other things, that the fee assessment violated their constitutional right to free speech. After several years of litigation, the Ninth Circuit Court of Appeals issued a finding that parts of Municipal Code Chapter 5.60 were unconstitutional.
As a consequence of the Court’s ruling, the City Attorney’s Office, with assistance from the City Manager’s Office and the Office of Special Events and Filming has revised Chapters 5.60 and 5.61 of the Municipal Code in their entirety. The revised Chapter 5.60 primarily addresses:
1. Redefining what qualifies as a special event;
2. Establishing criteria for waiving special event fees; and
3. The indemnification requirements.
Revisions were made in Chapter 5.61 of the Municipal Code in order to make Chapter 5.61 consistent with the changes that were made in Chapter 5.60.
TIMING CONSIDERATIONS
City Council approval is requested to restore the permit authority of the Office of Special Events and Filming for citywide special event and filming activities.
FISCAL IMPACT
It is highly unlikely any new revenues will be generated by the revision of the Parades and Special Events and Filming Activity Ordinances.
SUGGESTED ACTION
Approve recommendation.
BODY
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LONG BEACH AMENDING THE LONG BEACH MUNICIPAL CODE BY AMENDING CHAPTER 5.61 IN ITS ENTIRETY RELATING TO FILMING ACTIVITY
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