"Charitable or student films"
as used in this chapter means any commercial film produced
by a nonprofit organization that qualifies under Section 501(c)(3)
of the Internal Revenue Code as a charitable organization or is an
accredited educational institution. No person, directly or indirectly,
shall receive a profit from the marketing and production of the film
or from showing the films, tapes, or photos.
"Commercial films"
as used in this chapter means and includes all activity attendant
to filming any entertainment or advertising programs for any media
now known or hereafter created.
"Filming"
as used in this chapter means and includes all activity attendant
to staging or shooting motion pictures, television shows or programs,
commercial photographs, videotapes, computer- based programs, or other
visual reproduction technology now known or hereafter created. The
period of filming includes the setup, strike, and time of photography.
"News media"
as used in this chapter means filming for purpose of spontaneous,
unplanned cable or television news reporting by journalists, reporters,
photographers, or camera operators. The news media is not required
to have a permit under the "commercial" category.
"Private property"
as used in this chapter means any property not owned by the
City on which filming would not interfere with public right-of-way,
access or safety.
(2384 § 1, 1997; 2802 § 1, 2011)
A. No person
shall use any city street, alley, sidewalk, park, way or other public
property owned or controlled by the City for the purpose of making
commercial films without first applying for and receiving a permit
from the City Manager or his or her designee provided that the provisions
of this chapter shall not apply to or be construed to affect the news
media and filming solely for private-family use.
B. No person
shall use any private property for the purpose of making commercial
films without first applying for and receiving a permit from the City
Manager or his or her designee provided that the provisions of this
chapter shall not apply to or be construed to affect:
1. Filming
that does not require any parking variances or impact any public property
or rights-of-way on public property.
2. Filming
that does not negatively impact the quiet of the surrounding properties.
3. Filming
that does not involve the use of any pyrotechnic device as defined
in California
Health and Safety Code Section 12526.
6. Filming
solely for private-family use.
(2384 § 1, 1997; 2802 § 1, 2011)
A. An application
for filming activity under this chapter must be completed and filed
at least three days prior to the first day of proposed filming.
B. Each
such application must include:
1. The
name of the owner, the address, and telephone number of the place
at which the activity is to be conducted.
2. The
specific location at such address or place.
3. The
inclusive hours and dates such activity will transpire.
4. A
general statement of the character or nature of the proposed filming
activity.
5. The
name, address, and telephone number of the person or persons in charge
of such filming activity.
6. The
number of personnel to be involved.
7. Use
of any animals or pyrotechnics.
8. A
list of large equipment to be used, including but not limited to trucks,
buses, limousines, and cameras.
9. Such
additional information as the City Manager or his or her designee
may reasonably require.
C. The
permit application shall be in a form the City Manager or his or her
designee may reasonably require. In addition to the foregoing, the
permit application may, in the interest of time, be on the permit
application form adopted and in use by the Orange County Film Commission.
D. The
City Manager or his or her designee may refer the application to such
appropriate City departments as are directly impacted by the activity
and as he or she deems necessary from the nature of the application
for review, evaluation, investigation, and recommendations by the
departments regarding approval or disapproval of the application.
E. The
City Manager or his or her designee shall issue a permit under this
chapter if it is determined that the following criteria have been
met:
1. The
proposed use will not unreasonably interfere with traffic or pedestrian
movement, or tend to interfere with or endanger the public peace or
right of nearby occupants to the quiet enjoyment of their property,
or otherwise be detrimental to the public peace, health, safety, or
general welfare.
2. The
proposed use will not unduly impede, obstruct, or interfere with the
operation of emergency vehicles or equipment in or through the permit
area, or adversely affect the City's ability to perform municipal
functions or furnish City services in the vicinity of the permit area.
3. The
proposed use will not constitute a fire or safety hazard and all proper
safety precautions will be taken as is reasonably necessary to protect
the public peace, health, safety, or general welfare.
F. The
City Manager or his or her designee shall deny the permit if the conditions
of this chapter and all applicable laws and regulations have not been
met or if the application contains incomplete or false information.
G. The
City Manager or his or her designee may immediately revoke a permit
that has been granted, if the conditions of this chapter and all applicable
laws and regulations are no longer being met, if the information supplied
by the applicant becomes false or incomplete, or if any substantial
change in circumstances results in the proposed use becoming detrimental
to the public peace, health, safety, or general welfare.
(2384 § 1, 1997; 2802 § 1, 2011)
A. An application
fee of $250.00 shall be required for formal processing of commercial
film applications made under this chapter. Payment may be made in
person, by check, or by credit card if the City currently has the
ability to process credit card payments.
B. No application
fee shall be required of charitable or student films, the media, or
for filming conducted on behalf of the City or any City departments
or divisions.
C. No separate
business license fee shall be charged for any applicant whose sole
business is commercial filming under this chapter.
D. Each
permittee filming under this chapter shall pay a location fee of $250.00
for the daily use of any public property for commercial filming. Preparation
and strike days shall be charged at 50% of the daily use rate.
E. Each
permittee filming under this chapter shall reimburse the City for
all costs incurred by City, the amount of which shall be determined
by the City Manager or his or her designee for City personnel, space,
facility, or equipment provided to the applicant for the purpose of
assisting or providing security or protection to the applicant for
activities conducted under the permit.
(2384 § 1, 1997; 2802 § 1, 2011)
A. In addition
to the requirements of this chapter and all other applicable laws,
rules and regulations, the City Manager or his or her designee shall
condition the permit on such terms and conditions regarding the time,
place, and manner of utilizing the City streets or other public property
as deemed appropriate under the circumstances.
B. Rules.
The City Manager or his or her designee is authorized and directed
to promulgate rules and regulations, subject to approval by City Council
resolution governing the form, time, and location of any film activity
set forth within the City. He or she shall also provide for the issuance
of permits. The rules and regulations 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.
4. Traffic
congestion at particular locations within the City.
C. Upon
24 hours' notice by the applicant, the City Manager or his or her
designee shall have the power, upon a showing of good cause, to change
the date for which the permit has been issued; provided established
limitations are complied with in respect to time and location.
(2384 § 1, 1997; 2802 § 1, 2011)
A. Prior
to the granting of the application, each applicant shall agree to
indemnify, defend, and hold the City, its authorized agents, officers,
representatives, and employees harmless from and against any and all
costs, liabilities, penalties, or other expenses including defense
costs and legal fees, resulting from any and all claims or damage
of any nature, including any accident, loss, or damage to persons
or property.
B. Each
applicant must comply with all City, state, and federal laws, regulations,
and ordinances, and must obtain all necessary permits and licenses
as a precondition for the commencement of commercial film production
hereunder. Thereafter, the permittee shall remain in full compliance
with such City, state, and federal laws, regulations, ordinances,
permits, and licenses throughout the filming.
(2384 § 1, 1997; 2802 § 1, 2011)
Any applicant granted a permit pursuant to this chapter shall
comply with all of the following conditions:
A. An applicant
will be required to submit a permit request at least three working
days prior to the date on which such person desires to conduct an
activity for which a permit is required. If such activity interferes
with traffic or involves potential public safety hazards, an application
may be required at least five working days in advance.
B. 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 area used shall be cleaned of trash and debris
upon completion of filming at the scene and restored to the original
condition before leaving the site.
C. An applicant
is required to obtain the property owner's permission, consent, and/or
lease for use of property not owned or controlled by the City.
D. If the
applicant must park equipment, trucks, and/or cars in zones that will
not permit it, temporary "No Parking" signs must be posted by the
City. The applicant must also obtain permission to string cable across
sidewalks, or from a generator to a service point.
E. For
filming that would impair traffic flow, an applicant must use law
enforcement personnel designated by the City Manager or his or her
designee that may include the County Sheriff, California Highway Patrol,
or city law enforcement personnel; and comply with all traffic-control
requirements deemed necessary by the City.
1. An
applicant shall furnish and install advance warning signs and any
other traffic-control devices in conformance with the Manual of Traffic
Controls, State of California, Department of Transportation. All appropriate
safety precautions must be taken.
2. Traffic
may be restricted to one 12-foot lane of traffic and/or stopped intermittently.
The period of time that traffic may be restricted will be determined
by the City based on location.
3. Traffic
shall not be detoured across a double line without prior approval
of the appropriate City representative.
4. Unless
authorized by the City, camera cars must be driven in the direction
of traffic and must observe all traffic laws.
5. Any
emergency roadwork or construction by City crews and/or private contractors,
under permit or contract to the appropriate City department, shall
have priority over filming activities.
F. When
parking in a parking lot, an applicant may be billed according to
the current rate schedule established by the City. In order to assure
the safety of citizens in the surrounding community, access roads
to other areas, which serve as emergency service roads, must never
be blocked. No relocation, alteration, or moving of City-owned structures
or property will be permitted without prior approval.
G. The
permittee shall be liable for any damage suffered by the City resulting
from the granting or use of this permit and, at the election of the
City, shall repair the damage or reimburse the City for all expenses
related to such damage.
(2384 § 1, 1997; 2802 § 1, 2011)
A. As a
condition of issuance of a permit under this chapter, every permittee
must procure and maintain in full force and effect during the term
of the permit a policy of insurance from an insurance company licensed
to do business in California, which policy names the City, its officers,
employees, and agents as additional insureds and that provides sufficient
coverage that the City Manager or his or her designee determines to
be necessary and adequate under the circumstances. Proof of insurance
shall be submitted to the City in advance of the issuance of the permit.
The City Manager or his or her designee may waive the requirement
of insurance if the City Manager or his or her designee determines
that the intended use does not present any significant exposure to
liability for the City, its officers, employees, and agents, or to
public property damage.
B. An applicant/permittee
shall conform to all applicable federal and state requirements for
Workers Compensation Insurance for all persons operating under a permit.
C. Faithful
performance bond. To ensure clean-up and restoration of the site,
an applicant may be required to post a refundable faithful performance
bond in an amount to be determined by the City Manager or his or her
designee at the time application is submitted. Upon completion of
filming and inspection of the site by the City, the bond may be returned
to the applicant.
(2384 § 1, 1997; 2802 § 1, 2011)
A. The
City Manager or his or her designee shall act upon the application
in a timely fashion and shall approve or disapprove the application
in a period of not greater than five days following the filing of
the application provided all necessary documentation and criteria
accompany the application. The applicant shall be immediately notified
of the action of approval, denial, or revocation of the permit application
or permit issued under this chapter.
1. The
notice of denial or revocation shall state the reasons for such action
and the appropriate remedy or cure, if applicable.
2. The
notification shall be deemed satisfied when the notice is sent by
email, facsimile or telecopier machine or any other telecommunication
method to the telephone number listed on the application, or if no
number is listed, when notice is placed, postage prepaid in the United
States mail addressed to the applicant at the address shown on the
permit application.
B. An applicant
or permittee aggrieved by the City Manager or his or her designee
under this chapter shall have the right to appeal to the City Council.
The appeal shall be taken within five days after notice has been received
by the applicant or permittee. The City Council shall act upon the
appeal within 14 days of the filing of the appeal.
(2384 § 1, 1997; 2802 § 1, 2011)