Chapter 11.46
FILMING POLICY
Sections:
11.46.020 Permits and Exemptions.
11.46.030 Rules and Regulations.
11.46.040 Applicants and Issuance.
11.46.060 Liability Provisions.
11.46.010 Definitions.
“Charitable films” shall mean motion or still photography produced by a nonprofit organization, which qualifies under Section 501(c)(3) of the Internal Revenue Code as a charitable organization. No person, directly or indirectly, shall receive a profit from the marketing and production of the motion or still photography product or from showing the motion or still photography product.
“City produced content/projects” shall mean motion or still photography produced by or in association with the City. Productions working on City produced projects shall obtain a letter identifying that it is a project from the City.
“Motion or still photography” shall mean and include all activity attendant to staging, filming or shooting for commercial purposes in any medium including film, tape or digital format of motion pictures, television shows or programs, commercials, music videos, industrial videos/films, online/web-based content/promotions and student films and to the taking of single or multiple photographs for sale or commercial use where the photographer sets up stationary equipment in any one (1) location for longer than five (5) consecutive minutes.
“News media” shall mean motion or still photography for the purpose of spontaneous, unplanned television news broadcast or reporting for print media by reporters, photographers or cameramen.
“Student films” shall mean motion or still photography produced to satisfy a course or curriculum requirement at an educational institution. The student filmmaker must supply proof that he/she is currently enrolled.
“Studio” shall mean a legally established, commercial, motion or still photography place of business where filming activities (motion or still photography) are regularly conducted inside a studio/stage upon the premises. (Ord. 02-10, 10/22/02; Ord. 13-6 § 5 (Exh. D), 5/28/13)
11.46.020 Permits and Exemptions.
A. Permit Required. No person shall use any public or private property, public right-of-way, facility or residence for the purpose of motion or still photography without a permit issued pursuant to the provisions of this chapter.
B. Exemptions. The provisions of this chapter shall not apply to or affect:
1. News media.
2. City produced content/projects.
3. Family video: motion or still photography solely for private use, and not for commercial purposes.
4. Studio filming: motion or still photography conducted in a studio. (Ord. 02-10, 10/22/02; Ord. 13-6 § 5 (Exh. D), 5/28/13)
11.46.030 Rules and Regulations.
A. Rules. The City Manager’s designee is hereby authorized and directed to promulgate rules and regulations governing the form, time and location of any film activity set forth within the City. He/she shall also set forth the procedures for the issuance of permits. The rules, regulations, and procedures shall be based upon the following criteria:
1. The health and safety of all persons;
2. Avoidance of undue disruption of all persons within the affected area;
3. The safety of property within the City; and
4. Traffic congestion at particular locations within the City. (Ord. 02-10, 10/22/02; Ord. 13-6 § 5 (Exh. D), 5/28/13)
11.46.040 Applicants and Issuance.
Any person desiring a permit under the provisions of this chapter shall make application on the appropriate form provided by the City Manager’s designee. The application must be accompanied by all required fees, deposits and insurance certificates required by this chapter before it will be processed.
A. Issuing Authority. The person or body responsible for issuing permits under this chapter shall be designated by the City Manager.
B. Issuance. The City Manager’s designee shall issue, conditionally issue, or not issue a permit as provided for in this chapter after consideration of the application and from such other information as may be otherwise obtained. The decision of issuance will be final unless appealed in writing within five (5) working days of the decision by requesting a hearing of the City Manager and/or the City Manager’s designated appeal officer at his/her earliest convenience. (Ord. 02-10, 10/22/02; Ord. 13-6 § 5 (Exh. D), 5/28/13)
11.46.050 Permit Fees.
Each application shall be accompanied by:
A. Permit fees determined by a fee schedule to be established by resolution of the City Council to reimburse the City for staff time required to process and issue a film permit and to monitor the activity. The basic permit fee shall not apply to or affect:
1. Charitable films.
2. Student films.
B. Property use fees to be established by resolution of the City Council to compensate the City for the use of public property and its unavailability for ordinary and usual purposes resulting from the filming activity. The property use fees may not apply to or affect:
1. Charitable films.
2. Student films.
3. Productions conducted wholly on private, County or State property where no vehicles or equipment are parked or stored on City property or rights-of-way, where no traffic control measures are required and where the production activity will not in any respect interfere with the use and enjoyment of City property, public streets and neighboring property.
C. Other filming related fees established by other government/public agencies (e.g., L.A. County Fire, L.A. County Sheriff) for permits, procedures and personnel required in conjunction with the City’s film permit and associated filming activity. (Ord. 02-10, 10/22/02; Ord. 13-6 § 5 (Exh. D), 5/28/13)
11.46.060 Liability Provisions.
A. Liability Insurance. Before a permit is issued, a certificate of insurance will be required in an amount not less than one million dollars ($1,000,000) naming the City of Santa Clarita as an additional insured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage and to indemnify the City for damage to City property arising out of the permittees’ activities. The certificate shall not be subject to cancellation or modification until after thirty (30) days’ written notice to the City. Such insurance shall be evidenced by the standard general liability special endorsement form required by the City. A copy of the certificate will remain on file.
B. Worker’s Compensation Insurance. An applicant shall conform to all applicable Federal and State requirements for worker’s compensation insurance for all persons operating under a permit.
C. Performance Deposit. To ensure cleanup and restoration of the site, an applicant may be required to post a refundable deposit or cash in lieu of bonds (amount to be determined) at the time application is submitted. Upon completion of filming and inspection of the site by the City, the deposit may be returned to the applicant. (Ord. 02-10, 10/22/02; Ord. 13-6 § 5 (Exh. D), 5/28/13)
11.46.070 Violation.
If an applicant violates any provisions of this chapter or a permit issued pursuant thereto, the City may cancel the permit. Violation of the terms and conditions of the film permit is considered a misdemeanor. A penalty fee not to exceed twice the permit fee may be assessed. (Ord. 02-10, 10/22/02; Ord. 13-6 § 5 (Exh. D), 5/28/13)