Condom Ordinance Cont.

f) Producers of adult films are required by California Code of
Regulations Title 8, Section 5193 to use barrier protection, including condoms, to
protect employees during the production of adult films.
(g) Many producers of adult films in Los Angeles consistently violate
the worker safety provisions of California Code of Regulations Title 8, section
5193.
(h) Pursuant to Section 12.22(A)(13) of the Los Angeles Planning and
Zoning Code, producers of all films within the City of Los Angeles, including adult
films, are required to obtain film permits. Permits issued pursuant to Section
12.22(A)(13) may contain conditions "consistent with public health, safety and
general welfare."
(i) Permits for adult films are currently conditioned with language
stating "INTERIOR AND EXTERIOR NUDITY OR SEXUAL ACTIVITY MUST
NOT BE VISIBLE OR AUDIBLE BY THE PUBLIC."
0) The City or any person or entity acting on its behalf to issue or
process film permits may charge permittees fees in conjunction with the issuance
of film permits. Such fees may include fees to provide for inspectors to ensure
compliance with conditions on film permits.
Sec. 3. Purpose and Intent.
The people of the City of Los Angeles hereby declare their purpose and
intent in enacting this ordinance to be to minimize the spread of sexually
transmitted infections resulting from the production of adult films in the City of
Los Angeles, which have caused a negative impact on public health and the
quality of life of citizens living in Los Angeles.
Sec. 4. Section 12.22.1 is hereby added to the Los Angeles Municipal
Code to read as follows:
SECTION 12.22.1. SAFER SEX.
SAFER SEX; SHORT TITLE AND PUBLIC POLICY
SEC. 12.22.1 (A). Short Title.
This ordinance shall be known as the City of Los Angeles Safer Sex In
The Adult Film Industry Act.
SEC. 12.22.1 (B). Use of Condoms In The Making of Adult Films.
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(1) An "adult film" is defined as any film, video, multimedia or other
representation of sexual intercourse in which performers actually engage in oral,
vaginal, or anal penetration, including but not limited to penetration by a penis,
finger, or inanimate object; oral contact with the anus or genitals of another
performer; and/or any other activity that may result in the transmission of blood
and/or any other potentially infectious materials as defined in California Code of
Regulations, Title 8, Section 5193(b).
(2) "Producer of adult film" is defined as any person or entity directly
engaged in the creation of adult films.
(3) "Filmed" and "filming" refer to the recording of any adult film,
regardless of media.
(4) All producers of adult films issued permits under the authority of the
City of Los Angeles or the Los Angeles Police Department pursuant to Section
12.22(A)(13) of this Code or any other law authorizing the issuance of permits for
commercial filming are required to maintain engineering and work practice
controls sufficient to protect employees from exposure to blood and/or any other
potentially infectious materials controls consistent with California Code of
Regulations, Title 8, Section 5193. Engineering and work practice controls
include, but are not limited to:
(a) Simulation of sex acts using acting, production and postproduction
techniques;
(b) Ejaculation outside workers’ bodies;
(c) Provision of and required use of condoms whenever acts of
vaginal or anal sex are performed during the production of an adult film;
and
(d) The provision of condom-safe water-based or silicone-based
lubricants to facilitate the use of condoms.
(5) Any film permit issued under the authority of the City of Los
Angeles or the Los Angeles Police Department pursuant to Section 12.22(A)(13)
of this Code or any other law authorizing the issuance of permits for commercial
filming for the production of an adult film must expressly condition said permit on
compliance with subsection (4) of this section. Any such permit shall contain the
following language: "Permittee must abide by all applicable workplace health
and safety regulations, including California Code of Regulations Title 8, Section
5193, which mandates barrier protection, including condoms, to shield
performers from contact with blood or other potentially infectious material during
the production of films."
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(6) The City shall charge, or shall direct any other person or entity
contracting with the City to administer the film permitting process, to charge,
entertainment industry customers seeking permits for the production of adult
films a fee sufficient to allow periodic inspections to ensure compliance with the
conditions setforth in Section 12.22.1 (B)(4).
Sec. 5. Competing Measures.
In the event that this measure and another measure or measures relating
to the permit process for adult films shall appear on the same ballot, the
provisions of the other measures shall be deemed to be in conflict with this
measure. In the event that this measure shall receive a greater number of
affirmative votes, the provisions of this measure shall prevail in their entirety, and
the provisions of the other relating to the permit process for adult films shall be
null and void.
Sec. 6. Amendment and Repeal.
This ordinance may be amended to further its purposes by ordinance
passed by a majority vote of the Council and approved by the Mayor.
This ordinance may not be repealed, except by an ordinance proposed
either by petition or by the Council at its own instance and adopted by a vote of
the electors, or by an amendment of the charter superseding the ordinance.
Sec. 7. Severability.
If any provision of this Act, or part thereof, is for any reason held to be
invalid or unconstitutional, the remaining provisions shall not be affected, but
shall remain in full force and effect, and to this end the provisions of the Act are
severable.
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Sec. 8. The City Clerk shall certify to the passage of this ordinance and have it
published in accordance with Council policy, either in a daily newspaper circulated
in the City of Los Angeles or by posting for ten days in three public places in the City of
Los Angeles: one copy on the bulletin board located at the Main Street entrance to the
Los Angeles City Hall; one copy on the bulletin board located at the Main Street
entrance to the Los Angeles City Hall East; and one copy on the bulletin board located
at the Temple Street entrance to the Los Angeles County Hall of Records.
I hereby certify that the foregoing ordinance was introduced at the meeting of the Council of the
City of Los Angeles ‘JAN 1 l’r’ ’01’ ,and was passed at its meeting of iJAN 1 7 2012
i~JAN13 201L
Mayor
Approved _
Approved as to Form and Legality
CARMEN A. TRUTANICH, City Attorney
By ———————
Date _
File No. \ 2.- \’?? 00–:? \
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DECLARATIONOF POSTINGORDINANCE
I, MARIA VIZCARRA, state as follows: I am, and was at all times hereinafter mentioned, a
resident of the State of California, over the age of eighteen years, and a Deputy City Clerk of the City
of Los Angeles, California.
Ordinance No. 181989 – An ordinance proposed by initiative petition requiring City film
permits for commercial production of adult films to be conditioned on certain work practice
controls, including the required use of condoms ~a copy of which is hereto attached, was finally
adopted by the Los Angeles City Council on January 17! 2012 and under the direction of said City
Council and the City Clerk, pursuant to Section 251 of the Charter of the City of Los Angeles and
Ordinance No. 172959,on January 25, 2012 I posted a true copy of said ordinance at each of the
three public places located in the City of Los Angeles, California, as follows: 1) one copy on the
bulletin board located at the Main Street entrance to the Los Angeles City Hall; 2) one copy on the
bulletin board located at the Main Street entrance to the Los Angeles City Hall East; 3) one copy on
the bulletin board located at the Temple Street entrance to the Los Angeles County Hall of Records.
Copies of said ordinance were posted conspicuously beginning.on January 25. 2012 and will
be continuously posted for ten or more days.
I declare under penalty of perjury that the foregoing is true and correct.
Signed this 25th day of January 2012at Los Angeles, California.
Maria Vizcarra, Dept1:tyCity Clerk
Ordinance Effective Date: March 5,2012 Council File No. 12~1300-S1
Rev. (2/21/06)