davidrb
Loc: Half way there on the 45th Parallel
frankraney wrote:
From a city sidewalk in Clovis, CA.
While doing some research for some I came across this and could not understand it lawfully. Section 5.8.31.
How can they do this?
In the 1970's Greece banned cameras and their usage at the Athens Airport.
Years ago, I have some of my mother, photographers would walk the main street, etc. and take random street shots and hand the person a card letting them know if they want to see the shot and maybe buy a copy, to come by X shop and there would be a shop set up with a big window displaying all the shots he had taken that day or what ever period, This practice is what these laws were talking about. Just taking street shots, since you are not trying to sell them, is not what the law is talking about.
larryepage wrote:
Interesting replies. I'd suggest giving it a try and see what happens, if you are brave enough (not really). Municipalities have all kinds of rules that go beyond federal and state restrictions, even here in the State of Texas. My guess is that this ordinance was passed in response to a specific problem and that the burden of proof that an offender is not in business ends up being on the person charged. The reason for enacting the law may have been very different from the commercial use question.
Interesting replies. I'd suggest giving it a try ... (
show quote)
I live in Houston, TX and I have been told by Houston Police that I cannot photograph things like municipal buses and light rail trains or things that show public infrastructure. This started after the attacks on 9/11. I have never argued with them or told them that they are wrong, but just politely complied and closed my tripod and moved along. Even trying to photograph Christmas lighting in shopping centers presents problems where private security says I cannot photograph the building from the parking lot.
If people are present and are identifiable you will likely need a release to use that image.
Some Texas cities may require you to get a permit to photograph in public parks. And some of these permits may require you to pay a fee.
There are laws in Texas that protect a persons right to privacy that photographers have to follow. One is no photos within 100 feet of a polling place.
davidrb wrote:
In the 1970's Greece banned cameras and their usage at the Athens Airport.
Greece doesn't have an equivalent of our first amendment.
I've taken some city street shots with license plates showing(mine no less). Sand could not register for sale. That plate may belong to someone in the wrong place at the wrong time was the reasoning, and get cought up in a lie with a spouse or being in a wrong place during work hours.
There's laws get hard to interpretate sometimes.
I think this one is to stop someone (or try) from doing business without a license. But poorly worded.
Funny thing about this, they have balloon fest last weekend ( I was unable to attend as I was in the hospital again). They have antique days, farmers market, all kinds of events. Why make laws (out try to) that are basically uninforceable. The only thing I could see is stopping tripods in a crowd as dangerous.
IV pretty much lost me eye sight now. Blind in right one and only 3/4 of left one to see from. So, for now, unless it's comes back in pretty dead in the water for taking photos. Maybe I'll go talk to the city and get an explanation/interpretation.
Simple solution; call the city department responsible. If they say it does not apply to amateur photographers, get them to send a letterhead, signed letter stating such. That way you would know for sure & avoid any confusion.
joecichjr
Loc: Chicago S. Suburbs, Illinois, USA
rehess wrote:
Even in Communist Yugoslavia, I was able to photograph a police officer directing traffic {after talking to him and getting his permission} in 1973 - I had a rangefinder camera with a 45mm lens at the time.
Outstanding capture ⭐⭐⭐⭐⭐ - but it must be hell to stand on that little platform all day and try not to get hit by one of those tiny, 100-pound vehicles
I have never had a problem taking photos of people on side walks in Sacramento the past 40 years.
Why post the same image three times?
While I don’t live in Clovis, California, nor am I a lawyer, but two things strike me about this: (1) it seems to impinge upon the First Amendment of the U.S. Constitution, as it pertains to “free speech,” (2) it seems to use the word “business,” so it may be a weak and misguided attempt to stop people on sidewalks from trying to engage others in the pursuit of providing photographic services. That ordinance, it would seem to me, is in desperate need of some “court time!” In most jurisdictions, if you can see something from public property, you can shoot it with your camera. If you live there and it bothers you, retain a lawyer and test it out!
Yes, key words - "In business " - commercial photographer, news photog, carnival, state fair etc. - otherwise - bad enough trying to keep other people out of my public photos than include them
frankraney wrote:
From a city sidewalk in Clovis, CA.
While doing some research for some I came across this and could not understand it lawfully. Section 5.8.31.
How can they do this?
It could be almost impossible to take a picture in a city without getting people in the shot.
I called the City of Clovis. The fellow who is with the police department had a good laugh about it. He said it has been on their books since 1964, and he hasn’t ever heard of it having come up in any context. He said it is also against their ordinances to wear a ten-gallon hat in a movie theater in Clovis! I think you can shoot your photos from the sidewalk in Clovis, CA without much concern! (Maybe avoid trying to shake someone down to take their photo!)
1964…I would simply ask a local cop about this. If it’s still on the books, I would ask if is being enforced, particularly for non-commercial use.
If you want to reply, then
register here. Registration is free and your account is created instantly, so you can post right away.