Chapter 5.21
MOTION PICTURE AND TELEVISION FILMING1
Sections:
5.21.030 Film permit coordinator.
5.21.070 Time for filing application.
5.21.090 Application review and permit conditions.
5.21.150 Permit revocation or suspension.
5.21.170 Repealed.
5.21.010 Purpose and intent.
The intent of this chapter is to provide requirements and procedures to facilitate commercial motion picture and television filming and video recording within the city to assure that such activity is consistent with the public health, safety and general welfare and the protection of property. (Ord. 248 § 1, 1999)
5.21.020 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
“Filming” or “filming activity” shall mean all activity in preparation of, and attendant to, staging, making, striking, filming or video recording commercial motion pictures, television shows, programs and commercials, including magazines or documentary programs.
“News purposes” shall mean the filming of news events for television news broadcasting by reporters, photographers or cameramen in the employ of a newspaper, news service or similar entity. This does not include magazine or documentary programs.
“Studios” shall mean an established or fixed place of business where filming or video recording for motion pictures or television production is regularly conducted upon the premises. (Ord. 248 § 1, 1999)
5.21.030 Film permit coordinator.
The city manager shall designate a “film permit coordinator” who will be responsible for issuing filming permits. The film permit coordinator will be responsible for coordinating needed services of city departments and other government agencies to assist the permittee in fulfilling the requirements of the permit. (Ord. 248 § 1, 1999)
5.21.040 Permit required.
Except as otherwise provided in this chapter, it shall be unlawful for any person to engage in the business or activity of filming at any place in the city, without an approved permit from the film permit coordinator. A copy of the permit must be posted on site during the entire time of the filming. The film site shall be open to inspection by city employees at any time during the preparation, shooting and strike. (Ord. 248 § 1, 1999)
5.21.050 Exceptions.
The provisions of this chapter shall not apply to:
A. The filming or video recording of motion pictures solely for private or family use;
B. The filming or video recording of motion pictures for use in a criminal investigation, civil proceeding, and emergencies such as fires, floods, police actions, etc.;
C. Filming or video recording for news purposes;
D. Education, government and public access and local organization programs for cable television systems franchised within the city;
E. Filming in a studio. (Ord. 248 § 1, 1999)
5.21.060 Application form.
The film permit coordinator shall develop an appropriate application form and furnish it to anyone who desires a film permit. (Ord. 248 § 1, 1999)
5.21.070 Time for filing application.
Applications for filming must be submitted by the following deadlines prior to the desired date of filming:
A. Five full working days if no special traffic control, road closures or outdoor stunts or special effects are involved;
B. Six full working days if special traffic control measures, outdoor stunts, or special effects are involved;
C. Twelve full working days if road closures are necessary.
If the filming is proposed to be on private property, written authorization from the property owners and/or occupants and/or persons lawfully having responsibility for the property on which the filming will occur shall be attached to the permit application. (Ord. 248 § 1, 1999)
5.21.080 Permit fee schedule.
A permit fee not to exceed the city’s cost of processing a film permit application and the reasonable cost of related city services (including, but not limited to, law enforcement, traffic control, fire safety, trash hauling and attorney’s fees) may be established by resolution of the city council. The permit fee shall be paid before the permit is issued. The fee may include a deposit based on an estimate of the cost of city services and a bond to ensure compliance with conditions that may be imposed upon the permit. In the event the actual costs are less than the deposit, the applicant shall be refunded the difference. In the event the actual costs exceed the deposit, the applicant will be billed by the city and shall pay for the excess. No permit shall be issued to an applicant who owes the city money on a prior permit. In the event that weather conditions or other circumstances beyond the control of the applicant require that the date(s) or time(s) of the proposed filming be altered, no additional application or fees shall be required because of such alteration of the date(s) or time(s) so long as the film permit coordinator is given reasonable notice of the revised date and time. (Ord. 248 § 1, 1999)
5.21.090 Application review and permit conditions.
A. A permit shall be approved only if the film permit coordinator finds that the filming will not endanger the public health, safety or welfare or create a substantial risk of injury to persons or property.
B. The film permit coordinator may impose conditions upon the permit as deemed necessary to ensure that the required finding in subsection A of this section can be made. Factors which may be considered in the imposition of conditions include but are not limited to:
1. Noise or Disruption. Filming activities which produce loud or unusual noise, or disrupt the public peace such as gunfire, sirens, public address systems, bull horns, construction, or other loud or unusual noises or disruptions, may be conditioned to mitigate the effects of the activity. The film permit coordinator may consider the surrounding environment (e.g., proximity to a church, playground, school, or residential community) in determining what is loud, unusual or disruptive.
2. Aircraft. Aerial filming and/or helicopter landings are not permitted without explicit written permission from the film permit coordinator in addition to any permits required from the Federal Aviation Administration (FAA). Authorization from the FAA, if required, shall be provided in writing with the application. In addition, such activity may be conditioned to mitigate effects.
3. Public Safety. The film permit coordinator may include conditions on film permits to ensure traffic control, public safety, and fire safety as deemed appropriate.
4. Parking and Traffic Control. The applicant must obtain approval from the film permit coordinator to park equipment and vehicles in restricted street parking zones; in all cases, however, vehicle weight limits shall be strictly observed, temporary parking control signs shall be posted by the permittee in a manner and at the locations approved by the city at least 24 hours before filming is to begin.
A condition requiring the provision of law enforcement officers to ensure the safety of the public and the permittee’s employees may be applied to a permit for any filming that will impair the normal flow of traffic. The permittee must obtain permission from the film permit coordinator for any road closures. The permittee must take reasonable safety precautions to ensure that motorists and pedestrians will be adequately warned of any special or modified traffic conditions.
5. Term. The permit shall designate the specific date(s) and time(s) that the permit is effective.
6. Cleanup. The permittee 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 permittee shall return the site to its original condition at the conclusion of filming before leaving the site. The permittee may be required to post a refundable bond, as determined by the city, to ensure cleanup and restoration of any public property.
C. The decision by the film permit coordinator to approve or deny a filming permit and conditions to be applied to an approved permit shall be provided in writing within:
1. Two full working days if no special traffic control, road closures or outdoor stunts or special effects are involved;
2. Four full working days if special traffic control measures, outdoor stunts, or special effects are involved;
3. Ten full working days if road closures are necessary. (Ord. 248 § 1, 1999)
5.21.100 Notification.
A. It shall be the responsibility of the applicant to provide notification a minimum of 48 hours prior to any filming activity on a designated city form to the following:
1. Owners and occupants, whether residents or businesses, of properties affected by filming activity by virtue of (a) filming on the property or in the public right-of-way adjacent to the property; (b) storage of equipment or vehicles associated with the film production either on the property or in a public right-of-way adjacent to the property; or (c) street closure, temporary restricted parking or other actions which affect the ability of persons or vehicles not associated with the filming to access the property or to park in front of the property. The determination of which properties may be affected shall be made by the permittee, subject to the approval of film permit coordinator.
2. If filming exceeds two days, or if filming is in a residential zone between 7:00 p.m. and 7:00 a.m., all owners or occupants, whether businesses or residents, of all properties within 200 feet of properties affected by the filming as described in subsection (A)(1) of this section must be notified. Notification requirements pursuant to this subsection may be waived in whole or in part if it has been determined by the film permit coordinator that the filming will not have any adverse affect upon the owners or occupants of such properties.
B. Responses to notification of proposed filming shall be considered in the evaluation of a film permit application and may be cause for the imposition of restrictions or conditions on a permit or denial of a permit. (Ord. 248 § 1, 1999)
5.21.110 Insurance.
The permittee shall, at its sole expense, provide the city with evidence of workers compensation benefits consistent with the requirements of the labor code and insurance for general liability for property damage, death or injuries sustained in the course of the filming. The insurance policies shall be from admitted carriers authorized to do business in the state of California and shall not be less than $1,000,000 combined single limit. The applicant shall provide the city with an endorsement naming the city as an additional insured. (Ord. 248 § 1, 1999)
5.21.120 Hold harmless.
The permittee shall submit a statement with the permit application agreeing to indemnify, defend and hold the city and its officers, employees and agents free and harmless from any and all liability, claims, damages or injuries to any person or property, including injury to the applicant’s employees and any and all claims which arise from or are connected with the permitted activity, including attorneys fees and costs of investigating and defending against the same. (Ord. 248 § 1, 1999)
5.21.130 Permit amendments.
A filming permittee may apply for amendments, also known as “riders,” for minor additions, corrections or alterations to a permit. Riders must be submitted in writing and approved by the film permit coordinator before implementation. However, a permit cannot be extended or amended by rider after the completion of the filming. Significant changes to the original permit shall require a new permit application. (Ord. 248 § 1, 1999)
5.21.140 Prohibitions.
No person shall engage in any filming activity which would constitute a hazard to the public health or safety or endanger persons or property. (Ord. 248 § 1, 1999)
5.21.150 Permit revocation or suspension.
A. Permit Revocation. The film permit coordinator may revoke a film permit if the permittee, or any agent, employee, or contractor of the permittee fails to comply with the requirements set forth in this chapter, in the permit, or if the film permit coordinator determines that the permit application was false in any material detail.
1. Notice of the grounds for revocation of the film permit shall be provided in writing by the film permit coordinator to the permit applicant or person in charge at the location of the filming activity.
2. Appeals of the permit revocation shall be conducted in the manner specified in HMC 5.21.160.
B. Permit Suspension. The police department and/or fire department officers assigned to supervise the filming activity site may suspend the film permit if at any time the filming activity poses an immediate hazard to persons or property and the location manager will not, or cannot, prevent the hazard after being instructed to do so by the officer.
1. The grounds for the permit suspension shall be provided in writing by the film permit coordinator to the permittee within two working days of the suspension;
2. Appeals of the permit suspension shall be conducted in the manner specified in HMC 5.21.160. (Ord. 248 § 1, 1999)
5.21.160 Appeals.
The permit applicant or permittee may appeal a denial of a permit or rider, or a revocation, suspension, or permit condition. Such appeal shall be filed with the city manager not later than five working days after the date written notice of the decision is made. Failure to timely file an appeal shall result in a waiver to the right to appeal. The appeal shall be reviewed by the city manager. The decision of the city manager shall be rendered in five working days and shall be final and is subject to judicial review pursuant to Code of Civil Procedure Section 1094.5 et seq. (Ord. 248 § 1, 1999)
5.21.170 Violation – Penalties.
Repealed by Ord. 370. (Ord. 248 § 1, 1999)
Code reviser’s note: This chapter was editorially renumbered to avoid conflict with an earlier Chapter 5.20.