It is the purpose of this chapter to provide rules governing
the issuance of permits for filming activities on location within
the City. The intent of this chapter is to ensure that still photographers
and motion picture, television, commercial and nontheatrical filming
companies will be encouraged to use locations for filming activities
within the City so long as those activities are consistent with the
public safety and the protection of property.
(Ord. 89-290 §1)
"Applicant"
shall mean the person, organization, corporation, association
or other entity applying for a permit to film in the City of Guadalupe.
"City"
shall mean the City of Guadalupe as a municipal corporation
and existing pursuant to the laws of the State of California.
"Filming activity"
shall mean the staging, shooting, filming, videotaping, photographing,
or other similar process conducted for the making of still photographs,
motion pictures, television programs, commercial and nontheatrical
film productions.
"Film development office"
shall mean the office designated by the Mayor and the City
Council to coordinate filming and issue film permits in the City of
Guadalupe.
"Film permit"
shall mean written authorization from the City's representative
designated by City Council to conduct the filming activity described
in the permit.
"News purposes"
shall mean a filming activity conducted for the purpose of
reporting on persons, events, or scenes which are in the news for
newspapers, television news, and other news media.
"Permittee"
shall mean the person, organization, corporation, association
or other entity issued a film permit under this policy.
"Public street"
shall mean any street or road maintained by the City and
located within the City limits.
"Still photograph"
shall mean and include all activity attendant to staging
or shooting commercial still photographs.
"Student filming activity"
shall mean filming activity conducted to fulfill a course
requirement by a student enrolled at a public or private school.
"Studio"
shall mean fixed place of business where filming activities
are regularly conducted upon the premises.
(Ord. 89-290 §2)
The provisions of this chapter shall not apply to any of the
following activities provided that the activity will not require the
closure of a public street, or substantially impede vehicular traffic
thereon:
A. Filming activities conducted for news purposes as defined in Section
5.26.020.
B. Filming activities conducted at studios as defined in Section
5.26.020.
C. Filming
activities conducted for use in a criminal investigation or civil
or criminal court proceeding.
D. Noncommercial
filming activities conducted on private property solely for private
or family use.
E. Commercial still photography or staging thereof, when conducted to the exclusion of any other filming activity as defined in Section
5.26.020, when the following conditions apply:
1. The
still photography, or staging thereof, will not be conducted on City
property.
2. The
still photography, or staging thereof, will not require the parking
of more than 2 motor vehicles on any public street within the City.
F. Filming
activities conducted by or for the City.
(Ord. 89-290 §4)
The permit application shall be on a form furnished by the Film
Development Office signed by the applicant or agent thereof. Such
form shall include, but not be limited to, the following information:
A. Name,
address, and telephone number of applicant.
B. Name,
address, and telephone number of person in charge of filming on location.
C. Filming
location(s), dates and approximate daily call times of proposed filming
activity.
D. Description
of scenes to be filmed including details of any hazardous filming
activity employing firearms, explosives, the use of open flame, other
pyrotechnical effects, animals, stunts, filming of moving motor vehicles,
watercraft or aircraft.
E. Description
of the types and number of motor vehicles which will be parked on
public streets, and description of any equipment to be placed on public
property.
F. Evidence of adequate insurance certification as stipulated by Section
5.26.110.
G. Such
other information as the Film Development Office may require.
(Ord. 89-290 §6)
The Film Development Office may condition the issuance of a
film permit by imposing reasonable requirements concerning the time,
place, manner and duration of filming activities as referenced on
the "Terms and Conditions" attached to the film permit,
including but not limited to, the following:
A. Requirements
for the presence of employees of the City at the applicant's
expense, when required for the particular filming activity.
B. Requirements
concerning posting of no parking signs, placement of traffic control
devices, and employment of traffic and crowd control monitors at the
applicant's expense.
C. Requirements
concerning posting of the outer boundaries of the filming activity,
and providing advance notice to affected property owners/businesses.
D. Requirements
concerning the cleanup and restoration of public streets and City
property employed in the filming activity.
E. Restrictions
concerning the use of City employee services, vehicles and other equipment
in the filming activity.
F. Requirements
that the applicant pay all fees, and obtain all permits and licenses
required for the filming activity under local, State, and federal
law.
G. Restrictions
on the use of firearms, explosives, and other noise creating or hazardous
devices which disturb the peace.
H. Restrictions
on the use of stunts involving pyrotechnics, open flame, vehicle crashes
or other hazardous materials.
I. Requirements
concerning coverup of police, fire and other official uniforms worn
by actors, when the actors are not on camera.
J. Restrictions
concerning the use of City logos, insignias, badges and/or decals
for filming purposes.
K. Restrictions
on the daily hours the filming activity may be conducted within the
City.
L. Requirements
concerning the City's receipt of proper acknowledgment for any
assistance provided in making feature, television, or commercial productions.
M. Requirements
concerning affirmative action and non-discriminatory practices for
employment.
(Ord. 89-290 §8)
Upon reasonable notice by the permittee in advance of the filming
activity, the Film Development Office is authorized to change the
date or location(s) for which the film permit has been issued without
requiring a new application or permit.
(Ord. 89-290 §10)
The applicant for a film permit shall procure and maintain for
the duration of the film activity insurance in the forms, types, and
amounts prescribed by the City's risk manager.
(Ord. 89-290 §11)
Prior to the issuance of the film permit, the permit applicant
must agree in writing to comply with the "Filming Permit Terms
and Conditions."
(Ord. 89-290 §12)
The permittee, and all agents, employees, and contractors of
the permittee at the filming activity site within the City, shall
comply with the following requirements:
A. The
permittee shall comply in writing with all "Terms and Conditions"
of the film permit.
B. The
permittee shall not conduct a filming activity within the City not
authorized by the filming permit.
C. The
permittee shall comply with instructions made by the Guadalupe Police
Department officer(s) assigned to police the filming activity site.
D. The
permittee shall comply with instructions made by City employees assigned
to regulate the filming activity site.
E. The
permittee shall clean and restore all City-owned property utilized
during the filming activity to the same condition as existed prior
to the filming activity.
F. The
permittee shall comply with this chapter and all other policies and
ordinances of the City of Guadalupe and State and federal law.
(Ord. 89-290 §13)
The applicant for a film permit may request that the City authorize
a street closure on the film permit applicant. A short-term encroachment
permit shall be granted by the City Engineer or his or her designee.
(Ord. 89-290 §14)
During the filming of any special effect or stunt requiring
the use of pyrotechnics or any material deemed hazardous, including
but not limited to fireworks, open flames, or explosives, the applicant
must obtain a fire permit issued by the Guadalupe Fire Department.
(Ord. 89-290 §15)
The violation of any provision of this chapter shall constitute
an infraction.
(Ord. 89-290 §18)
If any section, subsection, sentence, clause, phrase or word
of this policy is for any reason held to be invalid or unconstitutional
by a court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this chapter. The City Council
of the City of Guadalupe hereby declares it would have passed and
adopted this policy and each and all provisions thereof irrespective
of the fact that any one or more of said provisions be declared invalid
or unconstitutional.
(Ord. 89-290 §19)