Chapter 5.64
COMMERCIAL FILMING PERMITS
Sections:
5.64.060 Liability provisions.
5.64.070 Duties of the issuing authority.
5.64.080 Rules, regulations, and fees.
5.64.090 Violations of permit.
5.64.010 Purpose.
It is the policy of the city of San Jacinto to encourage the production of motion pictures, television, commercials, television episodes, student films, electronic media, and commercial still photography within its boundaries. This chapter provides the basis for the rules and regulations governing the issuance of permits for filming, taping, or related activity within the city and on city property. This chapter is intended to ensure that filming/taping is done consistent with public health and safety and the protection of property. (Ord. 13-06 § 1 (part))
5.64.020 Definitions.
Unless otherwise specifically provided or required by the context, certain terms or expressions used herein have meanings as set forth below:
A. “City” shall mean the city of San Jacinto, a municipal corporation of the state of California, in its present incorporated form or in any later reorganized, consolidated, enlarged, or reincorporated form.
B. “News media” shall mean regularly scheduled news programs (not including magazine or documentary programs) and special news programs which are not preplanned and are broadcast within twenty-four (24) hours after the event.
C. “Strike and preparation days” shall mean activities required to make superficial alterations as specified in the script prior to movie on-location filming and following filming, to restore such location to its original condition. Such alterations may include placement of temporary architectural features, alterations in landscaping, changes in furniture or other decorative elements, placement of temporary lighting equipment and similar activities. “Strike and preparation days” shall not include time periods when cameras and actors are present and/or filming is occurring.
D. “Issuing authority” shall mean the city manager of the city of San Jacinto (“city manager”) and/or his or her designee. The city manager is designated by this city council as its authorized representative to administer the provisions of this chapter.
E. “Studio” shall mean a fixed place of business where filming or photography activities are regularly conducted upon the premises.
F. “Private property” shall mean any property not owned by the city, and on which filming would not interfere with public right-of-way, access, or safety. (Ord. 13-06 § 1 (part))
5.64.030 Permit requirement.
A. No person shall use any public or private property, facility, or residence within the city for the purpose of taking commercial motion pictures, television pictures, commercials, electronic media, or commercial still photography without first applying for and receiving a permit from the issuing authority. No fee shall be charged for such a permit.
B. Any requirement for a business license is hereby waived due to the temporary nature of the film activities. The city shall condition the issuance of a permit on such terms and conditions regarding the time, place, and manner of utilizing city roads or other property that are necessary and appropriate under the circumstances.
C. Upon reasonable notice to the city by applicant in advance of any filming activity, the issuing authority is authorized to change the date for which the permit has been issued without requiring a new application or permit. (Ord. 13-06 § 1 (part))
5.64.040 Exemptions.
The provisions of this chapter shall not apply to or affect:
A. News Media. Reporters, photographers, or camerapersons in the employ of a newspaper, news service, or similar entity engaged in on-the-spot print media, publishing, or broadcasting of news events concerning those persons, scenes, or occurrences that are in the news and of general public interest.
B. Personal/Family Video. The recording of visual images (motion or still photography) solely for private personal use, and not for commercial use.
C. Studio Filming. Filming activities (motion or still photography) conducted at a studio.
D. Filming activities conducted for use in a criminal investigation or criminal court proceeding.
E. Filming activities conducted by or on behalf of the city.
F. Filming activities conducted entirely within a private residence, provided the filming does not include: (1) the use of trailers or similar vehicles parked on residential streets, (2) equipment stored or utilized outside of the residence, (3) simulation of criminal activities, (4) use of simulated firearms or other weapons, (5) use of sound effects audible outside of the residence, such as simulated gun shots or explosions, and (6) any activity that constitutes a public nuisance. (Ord. 15-10 § 1; Ord. 13-06 § 1 (part))
5.64.050 Use of facilities.
The issuing authority may approve temporary free usage of property owned by or held under the control of the city, by issuance of a filming permit, provided:
A. Such issuance will not result in a frequency of usage likely to create incompatibility between such temporary use and the surrounding area.
B. Such issuance does not interfere with performance of the intended governmental function of the site in question.
C. On-location filming does not exceed ten (10) consecutive days per production at any one location. Computation of such time period shall not include strike and preparation time. Extensions may be granted by the city manager at his or her discretion.
D. The city may provide, at its discretion, and as may be available, vacant office and/or parking lot space for use by an applicant.
E. Applicant shall be charged, for purposes of cost recovery only, all actual and reasonable costs incurred by city, the amount of which shall be determined by the city manager or his or her designee, for city personnel or equipment provided to or for the applicant for the purpose of assisting with or providing security, protection, traffic control, public safety, or other city services to or for the applicant or members of the general public for activities under the permit. (Ord. 13-06 § 1 (part))
5.64.060 Liability provisions.
As a condition of approval for issuance of a permit, a certificate of insurance will be required to include but not be limited to one million dollars ($1,000,000.00) naming city as a co-insured for protection against claims of third party personal injuries, wrongful deaths, and property damage. Where aircraft is used in any production, either fixed wing or rotary, the limit shall be no less than five million dollars ($5,000,000.00) per occurrence. City officers, agents, and employees shall be named as additional insureds and a certificate of insurance shall not be subject to cancellation or modification without thirty (30) days’ written notice to city. A copy of the certificate shall remain on file with the city.
A. An applicant shall conform to all applicable federal and state requirements for workers’ compensation insurance as to all persons operating under a permit.
B. To ensure cleanup and restoration of a filming location, an applicant may be required to post a security deposit as a condition of approval to an application. (Ord. 13-06 § 1 (part))
5.64.070 Duties of the issuing authority.
The issuing authority shall designate a city department or agency (“designated department”) to coordinate with other city departments the approval and issuance of all facility usage permits required to film on city property at no cost. The designated department shall:
A. Coordinate with city departments for the approval and issuance of all regulatory permits for on-location filmings;
B. Coordinate the approval with the necessary city departments as required by city policy;
C. Appoint a key liaison and back-up liaison for coordinating permits. The liaison will keep aware of any and all film production within the city and remain sensitive to local citizens’ concerns. The liaison will have the authority to make decisions as the city representative prior to and during any filming;
D. Through its liaison, provide service and support to each production company applicant from the initial contact to the close of production, including problem solving on film-related matters, including coordination between film companies, local residents, businesses, and the city;
E. Through its liaison, investigate all complaints and assist in the resolution of minor disputes between the film industry and local agencies, cities, and emergency service providers concerning filming in the city;
F. Develop and administer programs to promote the development of the filming industry in the city;
G. Coordinate with other governmental agencies seeking to promote the development of the film industry in the city or the county of Riverside;
H. Periodically review and recommend, if necessary, changes in fees and use and service charges to fully recover all city costs involved in the operations of the designated department with regard to its duties stated herein;
I. Consult with and advise other city departments and the city council in all matters relating to filming, including, but not limited to, recommended changes and improvements in legislation, tax credits, fee waivers, policies, procedures, and methods;
J. Coordinate with city departments the periodic review of the city’s filming permit processing system and make recommendations to the city council regarding ways to increase the system’s efficiency and effectiveness;
K. Review, approve, and issue permits for on-location filming on private property in the city. (Ord. 13-06 § 1 (part))
5.64.080 Rules, regulations, and fees.
Under the guidelines of Government Code Section 14999.30 et seq., the issuing authority is authorized and directed to promulgate rules and regulations, subject to approval by resolution of the city council. The permit issued to an applicant shall set forth the city’s rules and regulations regarding public property use, hours of permitted filming activity, and requirements for security deposits, and any other city conditions and restrictions. Transient occupancy taxes may be eligible for reimbursement on a case-by-case basis. (Ord. 13-06 § 1 (part))
5.64.090 Violations of permit.
If an applicant violates any provision of this chapter or a permit issued pursuant thereto, the city may provide the applicant with verbal or written notice of such violation. If the applicant fails to correct the violation, the city may revoke the permit and all activity must cease. The designated department’s liaison will provide notice and an opportunity to be heard prior to cancellation of any permit. (Ord. 13-06 § 1 (part))