Chapter 5.20
COMMERCIAL FILM PERMIT
Sections:
5.20.070 Conditions of approval.
5.20.080 Interagency notification.
5.20.090 Permits at Farnham Martin Park.
5.20.010 Definitions.
As used in this chapter:
A. “Commercial filming” means and includes all activity attendant to staging or shooting commercial motion pictures, television programs, or commercials, and the taking of single or multiple photographs for sale or use for a commercial purpose where the photographer sets up stationary equipment on public or private property or the public right-of-way in any one location for longer than five consecutive minutes.
B. “Small photography shoot” means the activity of taking photographs where: (1) three or fewer persons are engaged in the staging or shooting of photographs or operating the photography equipment, not including the subjects of the shoot; (2) the photographer uses no more than two pieces of photography equipment; (3) the photography equipment used is of a size and weight that each piece can be carried by one person; and (4) the entire production is finished in one calendar day.
C. “Student film” means any activity undertaken as part of a bona fide educational curriculum where the photographer sets up stationary equipment on public or private property or the public right-of-way in any one location for longer than five consecutive minutes, with evidence of enrollment status of the permittee and insurance provided by the school or program for the subject permit.
D. “News media” means persons engaged in the filming or photographing of spontaneous, unplanned news events for the purpose of broadcast or publication. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 476 § 1, 1988)
5.20.020 Purpose.
The purpose of this chapter is to regulate commercial filming within the city to minimize disruptions and health and safety risks to the citizens of the city caused by the presence of the equipment and personnel used to conduct commercial filming and photography. This chapter is also designed to encourage commercial filming and photography within the city’s boundaries while at the same time ensuring that the costs associated with the same are paid for by the filming party and not by the citizens of the city. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 476 § 1, 1988)
5.20.030 Permit required.
No person shall use any public or private property, facility or residence for the purpose of commercial filming without first applying for and receiving a permit from the city manager, or his or her designee. (Ord. 701 § 2 (Exh. 1), 2012)
5.20.040 Exemptions.
A. Current News. The provisions of this chapter shall not apply to or affect reporters, photographers or cameramen in the employ of a newspaper, news service or similar entity engaged in live broadcasting of news events concerning those persons, scenes or occurrences which are in the news and of general public interest.
B. Personal Use. The provisions of this chapter shall not apply to filming or photography which will not be used in any commercial medium and is intended solely for personal use.
C. Small Photography Shoot. The provisions of this chapter shall not apply to a small photography shoot; provided, that any photographer taking pictures for sale or use for a commercial purpose shall obtain a business license under Chapter 5.16 PVEMC. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 621 § 13, 1999; Ord. 476 § 1, 1988)
5.20.050 Application.
All applications for a commercial film permit shall be reviewed by the city manager, or his or her designee, who shall either approve or deny each such complete application. In the case of an application which the city manager is uncertain meets or fails to meet the permit requirements, the city manager may refer the application evaluation to the city council. The council shall make the final determination as to the issuance of any such permit. Should any other permit also be required, the city council may consider the issuance of the subject permits together. Each application for a commercial film permit shall be submitted not less than seven business days before the intended film date and shall include the following:
A. The name, address and telephone number of the person wishing to conduct such activity;
B. The filming date(s);
C. The hours of filming, which must be consistent with the permit requirements listed in PVEMC 5.20.060;
D. The location of the proposed filming described by street address;
E. The approximate number of persons who will be engaged in such activity;
F. A list of major equipment to be used in the activity including but not limited to vehicles, lighting, cameras, and generators; and
G. A general statement of the character or nature of the proposed activity. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 476 § 1, 1988)
5.20.060 Permit requirements.
The city manager or city council shall not grant a commercial film permit unless they find the permit application complies with the following:
A. Filming Frequency and Hours. Except as otherwise permitted by this subsection, no more than one permit for filming at any private residence shall be issued in any calendar year. Filming allowed under such permit shall be conducted only during the hours of eight a.m. to seven p.m., and all days of filming under the permit shall be consecutive; provided, however, that no filming shall be permitted on Sundays or any holiday established by the California Government Code. With the unanimous written consent of all landowners or tenants in possession of occupied property within three hundred feet of the lot boundaries of the residence at which filming is to occur, additional filming permit(s) may be issued during any calendar year, and/or filming may be permitted during hours or on days not otherwise permitted by this subsection. In no event, however, shall more than eight days of actual filming be permitted at any private residence in any calendar year. If the applicant fails to obtain the required neighborhood consent, the city manager or his or her designee shall deny the request for extended filming hours, filming on days not otherwise permitted, or additional permits at the same location in one year. The applicant may appeal the denial to the city council. Notwithstanding the lack of neighborhood consent, the city council may grant the permit if, based on the record before it, it finds the request meets the purpose of this chapter and is otherwise in the public interest. For purposes of this restriction, setup and cleanup (or strikedown) days shall not be counted as days of actual filming.
B. General Use Fee. The permit shall contain a contractual provision between the city and the permit applicant in which the permit applicant shall pay a nonrefundable general use permit fee to the city in an amount as established by resolution.
C. Zone Use Daily Fee. The permit shall contain a contractual provision between the city and the permit applicant in which the permit applicant agrees to pay the applicable zone use daily fee for each day that filming takes place within the city. Zone use categories are designated as commercial, residential, coastal and parklands. Zone use daily fees shall be established by resolution. The parklands and coastal zone daily use fees are not mutually exclusive, and if both apply, then both are applicable; provided, however, that no permit will be granted for parkland use unless it is clear that no damage will be done to the parklands.
D. Business License. The permit shall contain a contractual provision between the city and the permit applicant in which the permit applicant covenants to pay the applicable daily business license fee as established by resolution.
E. Fee Exemption – Student Film. Student film permits shall be exempt from payment of the fees specified in subsections B, C, and D of this section; however, all other provisions of this section shall apply, including payment for police services, if applicable, and all insurance requirements.
F. Police Supervision. The permit shall provide that the city’s police department may supervise the commercial filming by assigning off-duty officers or reserve officers in a reasonable number deemed appropriate by the chief of police to be present at all times during filming.
1. Each permit shall include a contractual provision between the permit applicant and the city’s police department in which the permit applicant covenants to pay any off-duty police officer assigned by the city’s police department to supervise motion picture filming at a rate of time and a half of the officer’s regular hourly wage. Any reserve officer assigned by the city’s police department to supervise motion picture filming shall be paid at a rate equal to that reserve officer’s regular hourly wage.
2. The permit applicant shall pay an administrative surcharge to the city’s police department for scheduling the supervising officers in an amount equal to fifty percent of gross wages paid to any off-duty officer plus twenty percent of gross wages paid to any reserve officer pursuant to this section.
G. Disruption Clause. Each permit shall contain a contractual provision between the permit applicant and the city in which the permit applicant covenants to halt or interrupt filming upon instruction from a uniformed officer of the city’s police department. The city covenants not to instruct that such a halt or interruption take place unless in its discretion it perceives that the filming shall cause or coincide with interference with traffic movement, disturbance of the peace, destruction of property, violation of the law, or a threat to the public peace, health or safety. Each permit further shall include a contractual provision wherein the applicant covenants to defend, indemnify and hold harmless from any and all damages which may result from the city’s police department representative exercising the city’s right under this provision of the permit.
H. Liability Insurance. A certificate of insurance will be required in an amount established by resolution by the city council naming the city as a coinsured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage before a permit is issued. The city officers and employees shall be named as additional insureds. The certificate shall not be subject to cancellation or modification until after thirty days’ written notice to the city. A copy of the certificate will remain on file.
I. Workers’ Compensation Insurance. An applicant shall conform to all applicable federal and state requirements for workers’ compensation insurance for all persons operating under a permit.
J. Hold Harmless Agreement. An applicant shall execute a hold harmless agreement as provided by the city prior to the issuance of a permit under this chapter.
The fees set out in this section are collected for purposes of paying for resident notification, traffic control, police services over and above those explicitly provided for herein, public works, detour placement and necessary environmental protection safeguards. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 656 § 1, 2004; Ord. 579 § 1, 1994; Ord. 523 § 1, 1991; Ord. 476 § 1, 1988)
5.20.070 Conditions of approval.
The city manager, or his or her designee, shall have the authority to impose such conditions on any permit issued hereunder as he or she shall deem necessary to ensure that the purpose of this chapter, as provided in PVEMC 5.20.020, is accomplished. (Ord. 701 § 2 (Exh. 1), 2012)
5.20.080 Interagency notification.
The city manager shall notify the city’s police department at least three days before filming is to commence so that the police supervision as provided for in PVEMC 5.20.060(F) may be available to oversee the commercial filming. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 476 § 1, 1988)
5.20.090 Permits at Farnham Martin Park.
Farnham Martin Park is recognized by the city as having unique characteristics, based upon its immediate contiguity to residential property on one side, and its use as the entrance way to the Malaga Cove Library located on the other side. Commercial use of Farnham Martin Park for commercial filming or still photography would, therefore, create significant adverse impacts to both private property and the public in general if permitted to occur without control. Notwithstanding any provision of this chapter to the contrary, in no event shall any permit for commercial still photography required by PVEMC 5.20.030 and/or for commercial filming be issued to permit such use of Farnham Martin Park at any time that the Malaga Cove Library is open. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 621 § 14, 1999)