Chapter 5.06
MOTION PICTURE, TELEVISION AND PHOTOGRAPHIC PRODUCTION
Sections:
5.06.070 Permit issuance—Conditions.
5.06.080 Cost of additional services.
5.06.100 Hold harmless agreement.
5.06.110 Conditions and restrictions.
5.06.120 Clean-up and restoration.
5.06.130 Administrative regulations.
5.06.010 Title.
This chapter shall be known and may be cited as the “motion picture, television and photographic production ordinance of the city.”
(Ord. 1970 § 1 (part), 3-8-94)
5.06.020 Definitions.
As used in this chapter:
“Motion picture, television and photographic production” means all activity attendant to staging or shooting (video taping or filming) commercial motion picture, television shows, programs or commercials, and to 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.
(Ord. 1970 § 1 (part), 3-8-94)
5.06.030 Permit required.
No person shall use any public right-of-way, or any public or private property, facility or residence for the purpose of producing, taking or making any commercial motion picture, television or photographic production, as defined in Section 5.06.020, without a permit issued pursuant to the provisions of this chapter.
(Ord. 1970 § 1 (part), 3-8-94)
5.06.040 Permit exemptions.
The provisions of this chapter shall not apply to following:
A. Current news productions, which includes reporters, photographers or cameramen in the employment of a newspaper, news service, broadcasting station or similar entity engaged in the broadcasting of news events;
B. Productions which are sponsored or conducted by the city’s public access corporation;
C. Productions which the recording of visual images (motion or still photography) are solely for private personal use, and not for commercial use;
D. Productions which are conducted within legally established commercial motion picture, television or still photography studios.
(Ord. 2333 § 1, 2-14-17: Ord. 1970 § 1 (part), 3-8-94)
5.06.050 Permit application.
Any person desiring to obtain a permit under the provisions of this chapter shall make application on the standard form provided by the city. The application form shall be sign and accompanied by all required fees, deposits, hold agreement and insurance certificates required by this chapter before it will be processed. If the application satisfies the criteria of this chapter, the permit shall be issued within seven calendar days of submittal or within fourteen calendar days of submittal if the proposed activities require road closures.
(Ord. 1970 § 1 (part), 3-8-94)
5.06.060 Permit fees.
A. A processing fee is required in an amount established by resolution of the city council. The processing fee shall be waived for charitable and nonprofit organizations which qualify under Section 501(c)(3) of the United States Internal Revenue Code.
B. A daily administrative reimbursement and property use fee is required in the amount established by resolution of the city council to reimburse the city for the staff time required to evaluate the application, to establish conditions or approval, and to monitor the activity, as well as to compensate the city for the use of public property and its unavailability for ordinary and usual purposes resulting from the filming activity. The administrative reimbursement and property use fee shall be waived for:
1. Productions for wholly charitable or educational purposes and from which no profit is derived, either directly or indirectly;
2. Student filming;
3. Still photography;
4. Productions conducted wholly on private property where no vehicles (including vehicles of crew members and employees) or equipment are parked or stored on public property or rights-of-way, where vehicles and equipment do not displace onto the public right-of-way vehicles ordinarily parked on private property, where no traffic control measures are required, and where the adverse effects of production activity (including, but not limited to, noise and lighting) will not in any respect interfere with the use and enjoyment of city property, public streets and neighboring property.
C. If the applicant cancels the permit after three p.m. on the last working day before the scheduled shoot, the city manager or designee shall assess a cancellation fee against any refund due in an amount sufficient to reimburse the city for its costs to and including the time of cancellation. If the applicant seeks to amend or modify the permit, it shall pay at the time of such application a rider fee in an amount determined by resolution of the city council.
D. The city council may, by resolution, establish a penalty fee to be assessed against any person filming without a permit in violation of the provisions of this chapter.
(Ord. 2333 § 2, 2-14-17: Ord. 1970 § 1 (part), 3-8-94)
5.06.070 Permit issuance—Conditions.
A. The city manager or designee shall issue a permit as provided for in this chapter when, from a consideration of the application and from such other information as may otherwise be obtained, it is determined that:
1. The conduct of such activity will not unduly interfere with traffic or pedestrian movement or endanger public safety and that no streets will be completely closed to traffic for an unreasonable period of time. Seventy-two hours notice of any street closure shall be given and forty-eight hours notice of any intermittent traffic control or no parking enforcement shall be given;
2. The conduct of such activity will not unduly interfere with normal governmental or city operations, nor threaten to result in damage or detriment to public property, nor result in the city incurring costs or expenditures which are not reimbursed in advance by the applicant;
3. At the determination of the city’s public works department, police department, building and safety department and fire department that the conduct of such activity will not constitute a fire hazard, or any other type of hazard, and that all proper safety precautions will be taken;
4. All buildings or that part of a building or structure, temporarily or permanently, designed or intended to be used as specified in this chapter, shall comply with the current zoning, building, plumbing, mechanical, electrical codes (specifically sections relating to portable or temporary uses), or any other applicable codes;
5. The conduct of such activity shall occur during the hours of seven a.m. and ten p.m. unless approved by the city manager or designee in the form of a written addendum to the permit.
B. The decision of the city manager to issue, conditionally issue, or not issue a permit shall be final unless, within seven calendar days of the decision, the applicant submits a written request for a hearing by the city council at the next regularly scheduled meeting.
(Ord. 2333 § 3, 2-14-17: Ord. 1970 § 1 (part), 3-8-94)
5.06.080 Cost of additional services.
If deemed necessary by the city manager for the protection of public health and safety, additional law enforcement, 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 in advance to the city by the applicant. Any such additional city services shall be provided or coordinated through the city manager or designee.
(Ord. 1970 § 1 (part), 3-8-94)
5.06.090 Insurance.
As a condition of issuance of the permit, the applicant shall furnish general liability insurance coverage in an amount to be determined by the city manager, or designee, but in no event less than one million dollars to protect the city against all claims of third persons for personal injury, wrongful death and property damage, and to indemnify the city for all damage to city property arising out of the permittee’s activities. An additional minimum of five million dollars of such general liability insurance coverage shall be required in the event aircraft or helicopters are used in the activity. If the production’s proposed activities include the use of a drone or similar unmanned aircraft system (UAS), the applicant shall obtain UAS coverage listing the specific aircraft to be used with a limit of at least two million dollars. If the UAS coverage is being added to a general liability policy, there must be a separate endorsement showing proof of UAS coverage. Such insurance shall be evidenced by the standard General Liability Special Endorsement Form mandated by the California Film Commission. Applicant shall also submit verification that adequate workers’ compensation insurance coverage is in effect. In all cases, the city shall be named as an additional insured.
(Ord. 2333 § 4, 2-14-17: Ord. 1970 § 1 (part), 3-8-94)
5.06.100 Hold harmless agreement.
The applicant shall execute a hold harmless agreement in the form provided by the city prior to the issuance of any permit.
(Ord. 1970 § 1 (part), 3-8-94)
5.06.110 Conditions and restrictions.
A. The applicant shall maintain a copy of the photography/motion picture permit on-site at all times.
B. The applicant shall comply with any and all conditions or restrictions the city may impose as a condition to issuing the permit. No changes in conditions or restrictions shall be made without first obtaining the approval of the city manager or designee. Minor modifications to the permit may be approved by the city manager or designee prior to completion of filming in the form of a written addendum to the permit.
(Ord. 1970 § 1 (part), 3-8-94)
5.06.120 Clean-up and restoration.
The permittee shall conduct all operations in an orderly fashion with continuous attention to the storage of equipment not in use, maintenance of the area, and the clean-up of trash and debris. The area used shall be cleaned of trash and debris, to the city’s satisfaction, within two hours of the completion of the activity or within such other time as may be established in the permit. The permittee 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 city manager or designee shall have the necessary restoration or repairs performed, and the permittee shall reimburse the city for such work within ten days of completing filming. If the permittee fails to so reimburse city, the city may secure its reimbursement from a security deposit which shall, if required by the city, be posted with the city to ensure faithful performance of such restoration. Such security deposit shall, if required by the city, be filed at the time of the application in an amount of five hundred dollars or in any higher amount determined by the city manager or designee to be reasonably required under the circumstances. The amount of the security deposit shall in no manner limit the permittee’s liability or responsibility for the costs of repairs or restoration in the event these costs exceed the amount of the security deposit.
(Ord. 1970 § 1 (part), 3-8-94)
5.06.130 Administrative regulations.
The city manager or his designee is authorized to promulgate and enforce administrative regulations relating to the implementation and enforcement of this chapter.
(Ord. 1970 § 1 (part), 3-8-94)