Chapter 5.12
MOTION PICTURE PRODUCTION, TELEVISION PRODUCTIONS AND COMMERCIAL STILL PHOTOGRAPHY
Sections:
5.12.040 Permits or licenses – Nonexclusive.
5.12.050 Permit – Application.
5.12.060 Permit – Issuance – Conditions.
5.12.070 Cost of additional city services.
5.12.080 Insurance and indemnity.
5.12.090 Conditions – Restrictions.
5.12.100 Cleaning and restoration.
5.12.010 Definitions.
For purposes of this chapter, the following definitions shall apply:
A. “Motion picture or television productions” means all activity attendant to staging or shooting commercial motion pictures, television shows or programs.
B. “Still photography” means all activity attendant to staging or shooting commercial still photographs. (Ord. 163, 1987)
5.12.020 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 photography without a permit issued pursuant to the provisions of this chapter. (Ord. 163, 1987)
5.12.030 Permit – Exemption.
The provisions of this chapter shall not apply to the following:
A. Current News. 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. Studios. Motion picture, television, or photography studios operating at a lawfully established fixed place of business in the city;
C. Charitable Purposes. Productions which are conducted or carried on wholly for a charitable purpose or from which no profit is derived, either directly or indirectly. (Ord. 163, 1987)
5.12.040 Permits or licenses – Nonexclusive.
The provisions of this chapter are intended to augment and be in addition to any other ordinance of the city requiring additional permits or licenses or other fees. (Ord. 163, 1987)
5.12.050 Permit – Application.
Any person desiring a permit under the provisions of this chapter shall make application on a form prescribed and provided by the mayor or city council appointed film representative. Such application shall be submitted at least five days prior to the date on which such person desires to conduct an activity for which a permit is required. The mayor or representative may waive the requirement that applications be filed five days in advance when in his opinion neither the city nor the general public will be inconvenienced or harmed by his doing so. No fee shall be required for any permit. (Ord. 163, 1987)
5.12.060 Permit – Issuance – Conditions.
The mayor or representative 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 finds that:
A. The conduct of such activity will not unduly interfere with traffic or pedestrian movement or endanger public safety;
B. The conduct of such activity will not unduly interfere with normal governmental or city operations, threaten to result in damage or detriment to public property, or result in the city incurring costs or expenditures in either money or personnel not to be reimbursed;
C. The conduct of such activity will not constitute a safety hazard and all proper safety precautions will be taken;
D. The conduct of such activity will not require the diversion of so great a number of police officers of the city to properly police the area of such activity as to interfere with normal police protection of other areas of the city.
The decision of the mayor or the film representative to issue, conditionally issue or not issue a permit shall be final. (Ord. 163, 1987)
5.12.070 Cost of additional city services.
If deemed necessary by the mayor or the film representative, additional police, fire 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. A deposit for such services may be required by the mayor or film representative. (Ord. 163, 1987)
5.12.080 Insurance and indemnity.
A. Prior to issuance of any permit, the mayor or film representative shall require that the applicant shall have obtained a comprehensive general liability insurance policy or policies in a form as approved by the city attorney, issued by an insurance company or companies authorized to do business in the state of California, with coverage that includes the permitted activities and the location in which the filming or taping activities shall occur and any other area used by the applicant. The city, its officers and employees shall be named as additional insured on said policy or policies. The policy limits of said insurance policy or policies shall not be less than $1,000,000 per occurrence combined single limit for both bodily injury and property damage. Said policy or policies shall also contain a provision that no termination, cancellation or change of coverage of insured or additional insured shall be effective until after 10 days’ notice thereof has been given in writing to the city clerk of the city.
B. Each person to whom a permit is issued hereunder shall agree to indemnify and hold harmless the city, its officers, agents and employees from and against all damages to property or injuries to or death of any person or persons, including officers, agents and employees of the city, and shall defend, indemnify and save harmless the city, its officers, agents and employees from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers’ compensation claims of or by anyone whomsoever, in any way resulting from any act or omission of such person or such persons’ officers, agents or employees.
C. Workmen’s Compensation Insurance. The applicant shall provide proof of coverage of workmen’s compensation insurance for all employees. (Ord. 163, 1987)
5.12.090 Conditions – Restrictions.
The applicant shall comply with any conditions or restrictions the mayor or film representative 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 EMC 5.12.060. (Ord. 163, 1987)
5.12.100 Cleaning and restoration.
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 applicant shall be responsible for restoring any area damaged or disrupted before leaving the site. If the site is not repaired or restored to the city’s satisfaction, the cost of such repair or restoration shall be reimbursed to the city by the applicant or paid from any bond deposited by the applicant. The mayor or film representative may require the applicant to post a refundable performance bond at the time the permit is issued for any reasonably anticipated possible cleanup or restoration costs. (Ord. 163, 1987)