For the purpose of this chapter, certain terms used in this
chapter are defined as follows:
as used in this chapter, means any filming by a nonprofit
organization, which qualifies under Section 501(c)(3) of the Internal
Revenue Code as a charitable organization or is an accredited educational
institution, and for which 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.
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.
as used in this chapter, means and includes all activity
attendant to staging or shooting motion pictures, television shows
or programs, commercial images, or other visual reproduction technology
now known or hereafter created. The period of filming includes the
set-up, strike and time of photography.
as used in this chapter, means the filming for purpose of
spontaneous, unplanned television news reporting by journalists, reporters,
photographers or camera operators.
as used in this chapter, means any property not owned by
the city on which filming would not interfere with public rights-of-way,
access or safety.
(Ord. 97-O-113 § 1, 1997)
(a)
No person shall use any city street, alley, sidewalk, park, 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 administrator or designee, provided that the
provisions of this chapter shall not apply to or be construed to affect:
(1) news media; and (2) 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 administrator or designee, provided that the provisions
of this chapter shall not apply to or be construed to affect: (1)
news media; and (2) filming solely for private-family use.
(Ord. 97-O-113 § 1, 1997)
(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 application for filming under this chapter shall be completed
in full and filed with the city administrator or designee a minimum
of two (2) weeks prior to the first day of filming proposed; fast
tracking is available.
(c)
Each application must include the following information:
(1)
The name of the owner or owner’s designee, 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 typed statement of the character or nature of the proposed filing
activity including a detailed description of any potentially disruptive
activities;
(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;
(8)
Use of pyrotechnics or night lights;
(9)
A list of major equipment to be used, including, but not limited
to, trucks, buses, limousines and cameras; and
(10)
Such additional information as the city administrator or designee
may reasonably require.
(d)
The applicant shall submit the permit application on the form adopted
and in use by the Orange County film commission.
(e)
The city administrator or designee may refer the application to such
appropriate city departments as are directly impacted by the application
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.
(f)
The city administrator or his/her designee shall issue a permit if
the proposed use will not:
(1)
Unreasonably interfere with traffic or pedestrian movement, or unreasonably
interfere with or endanger the public peace or rights of nearby residents
to the quiet, peaceable enjoyment of their property, or otherwise
be detrimental to the public peace, health, safety or general welfare;
(2)
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’s area;
and
(3)
Constitute a fire or safety hazard and all proper safety precautions
shall be taken as is reasonably necessary to protect the public peace,
health, safety or general welfare.
(g)
Except as provided herein, 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 all such city, state and federal
laws, regulations and ordinances, permits and licenses throughout
the filming.
(h)
The city administrator or his/her designee shall deny the permit
if the conditions of the chapter and all applicable laws and regulations
have not been met or if the application contains incomplete or false
information.
(i)
The city administrator or his/her designee may immediately revoke
a permit which has been granted if the conditions of the 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.
(Ord. 97-O-113 § 1, 1997)
(a)
An application fee shall be required for formal processing of every
application made under this chapter per the prescribed fee as established
by city council resolution.
(b)
No application fee shall be required of charitable or student films
or for filming conducted on behalf of the city or any city department
or division.
(c)
A business license tax shall be required for any applicant whose sole business is commercial filming, the fee for which shall be as established in Section 5.08.340.
(d)
Each permittee shall reimburse the city for all costs incurred for
city personnel or equipment provided to the applicant for the purpose
of assisting or providing security or protection for activities conducted
under the permit. The amount of the reimbursement shall be determined
by the city administrator or his/her designee.
(Ord. 97-O-113 § 1, 1997; Ord. O-2007-07 § 44, 2007)
Any applicant granted a permit pursuant to this chapter shall
comply with all of the following conditions:
(a)
The applicant shall be required to obtain the property owner’s
permission, consent, and/or lease for use of property not owned or
controlled by the city.
(b)
If the applicant needs to park equipment, trucks, and/or cars on
public streets, temporary “No Parking” signs may be posted
subject to the review and approval of the public works department.
(c)
For filming that would impair traffic flow, the applicant shall use
city law enforcement personnel and comply with all traffic-control
requirements deemed necessary by the city.
(1)
The permittee 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 shall be taken;
(2)
Traffic may be restricted to one twelve (12) foot lane of traffic,
and/or stopped intermittently. When necessary circumstances exist,
traffic may be rerouted as provided in a detour plan approved by the
city. The period of time that traffic may be restricted shall be determined
by the city, based on location;
(3)
Traffic shall not be detoured across a double line without prior
approval of the public works department.
(4)
Unless authorized by the city, the camera cars must be driven in
the direction of traffic and must observe all traffic laws;
(5)
Any emergency or road work or construction by city crews and/or private
contractors, under permit or contract to the appropriate department,
shall have priority over filming activities.
(d)
Emergency service roads and/or emergency accesses from tracts shall
never be blocked without prior approval. No relocation, alteration
or moving of city-owned structures or property shall be permitted
without prior approval.
(e)
The applicant 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.
(f)
The applicant 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.
(Ord. 97-O-113 § 1, 1997)
(a)
As a condition of issuance of a permit, every applicant 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 which provides sufficient coverage
that the city administrator or his/her designee determines to be necessary
and adequate under the circumstances. Proof of insurance shall be
submitted to the city prior to the issuance of the permit. The city
administrator or his/her designee may waive the requirement of insurance
if the city administrator or his/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)
The applicant shall conform to all applicable federal and state requirements
for workers’ compensation insurance for all persons operating
under a permit.
(c)
Surety or Bond. To insure cleanup and restoration of the site, the
permittee may be required to post a refundable faithful performance
bond, cash surety or other comparable form or guarantee in an amount
to be determined by the city administrator or his/her designee at
the time application is submitted. Upon completion of filming and
inspection of the site by the city, the guarantee may be returned
to the applicant.
(Ord. 97-O-113 § 1, 1997)
(a)
The city administrator or his/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 (5) days following the filing
of 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 facsimile or telecopier machine 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 administrator or
his/her designee under this chapter shall have the right to appeal
to the city council within five (5) calendar days after notice has
been received. The city council shall act upon the appeal within fifteen
(15) days of the filing of the appeal.
(Ord. 97-O-113 § 1, 1997)
