The film permit requirements established in this Chapter are
intended to facilitate filming, videotaping, photographing, and other
visual recording activities within the City, whether on public or
private property, in a manner that does not unreasonably interfere
with the public peace, quiet enjoyment, health, and safety, including
traffic, parking, and pedestrian circulation, and the use of or access
to public property and facilities, or unreasonably endanger any property.
(Added by Ord. No. 2393CCS §
2, adopted 2/28/12)
For the purposes of this Chapter certain words and phrases are
defined and certain provisions shall be construed as herein set forth,
unless it is apparent from the context that a different meaning is
intended.
means filming for the primary purpose of commercial use,
sale or distribution, including, but not limited to, filming done
for compensation, the expectation of compensation, or advertising
on any medium.
means and includes all activity related to the taking of
any still photographs, and to the staging, videotaping or filming
of motion pictures, television shows or programs, serials, commercials,
music videos, internet productions, print advertisement, training
or educational videos, and to any other type of visual recording process.
means an organization that qualifies under Section 501(c)(3)
of the Internal Revenue Code as a charitable organization, provided
that no person directly or indirectly receives a profit from the production,
marketing or distribution of non-profit films or photography.
means an individual enrolled in a recognized educational
institution and who is conducting filming for purposes of a class
project, assignment or other school requirement.
(Added by Ord. No. 2393CCS §
2, adopted 2/28/12)
(a)
No person shall conduct any filming in the City without a permit
issued by the City.
(b)
This Chapter does not apply to:
(1)
Filming conducted solely for non-commercial purposes, including,
but not limited to, personal, private or family use, which does not
require the placement of equipment, parking of vehicles, or other
use or control of public property to the exclusion of others;
(2)
Filming for news media, including, but not limited to, newspapers,
magazines, news services, broadcast stations, television or cable
news shows, internet news programs, and similar news media, for the
primary purpose of disseminating news, recent events, and other current,
public affairs;
(3)
Filming conducted entirely on or within private property, which does
not require the placement of equipment, parking of vehicles, or other
use or control of public property to the exclusion of others;
(4)
Filming conducted entirely within the premises of a validly permitted
motion picture, television, radio, or photography production studio;
(5)
Filming at the Santa Monica Civic Auditorium or the Annenberg Community
Beach House;
(6)
Filming by or for the City or other governmental agencies; and
(7)
Student filming that does not require the placement of equipment,
parking of vehicles, or other use or control of public property to
the exclusion of others.
(Added by Ord. No. 2393CCS §
2, adopted 2/28/12)
(a)
Each film permit application shall be in a form provided by the City
and must be completed in full and filed with the Director of Public
Works or designee.
(b)
Prior to issuance of a film permit, the Director of Public Works
may, as he or she deems necessary from the application, refer the
application to other City departments that may be impacted by the
proposed filming for the departments' review, evaluation, and recommendation
to approve or disapprove the application.
(c)
The Director of Public Works or designee shall issue a film permit
in accordance with this Chapter provided that the following criteria
and requirements are met:
(1)
The proposed filming will not unduly interfere with traffic or pedestrian
movement; close any public street, sidewalk, parkway or other rights-of-way
for an unreasonable period of time, or unduly interfere with nearby
residents' or business owners' quiet, peaceful enjoyment of their
property;
(2)
The proposed filming will not endanger public safety or property,
including, but not limited to, the following:
(A)
The proposed filming will not unduly impede, obstruct or interfere
with the operation of emergency vehicles or equipment in or through
the permitted area, and
(B)
The proposed filming will not constitute a fire hazard or any other
type of hazard and all proper safety precautions will be taken as
necessary to protect the public health, safety, and general welfare;
(3)
The proposed filming will not endanger or threaten damage to public
property;
(4)
The proposed filming will not unduly interfere with normal governmental
functions or City services and operations, or conflict with previously
scheduled events; and
(5)
The proposed filming will not otherwise be detrimental to the public
health or safety.
(d)
The permittee shall maintain the film permit at the filming location
at all times for the duration of the filming.
(Added by Ord. No. 2393CCS §
2, adopted 2/28/12)
(a)
The Director of Public Works or designee shall deny issuance of a
film permit if the requirements of this Chapter and all applicable
laws and regulations have not been met, or if the application contains
incomplete, false or misleading information.
(b)
The Director of Public Works or designee may immediately suspend
or revoke a film permit if the requirements of this Chapter and all
applicable laws and regulations are not met; the information supplied
by the permittee becomes, or is determined to be, false or incomplete;
or any substantial change in circumstances renders the filming detrimental
to the public health, safety or general welfare.
(Added by Ord. No. 2393CCS §
2, adopted 2/28/12)
Each permit application shall be accompanied by payment of the
following fees to the extent authorized by law and in amounts established
by resolution of the City Council:
(a)
A non-refundable application fee to reimburse the City for costs
incurred to review the application.
(b)
A location fee to compensate the City for the use of public property
and its unavailability for ordinary and usual purposes resulting from
the filming, including preparation and strike days. Any applicable
location fees will be refunded if the Director of Public Works denies
issuance of a film permit. Location fees are waived for the following:
(c)
Any applicable administrative fees to reimburse the City for the
cost of services provided by police officers, code enforcement officers,
fire personnel, or other City personnel or City equipment for the
purpose of protecting, assisting, and regulating the filming and public
safety.
(Added by Ord. No. 2393CCS §
2, adopted 2/28/12)
(a)
Before a film permit is issued, the applicant shall furnish public
liability insurance in amounts as determined by the City's Risk Manager
but in no event less than one million dollars and name the City of
Santa Monica, its City Council, boards and commissions, officers,
agents, and employees as additional insureds. A certificate of insurance
shall be furnished to the Director of Public Works or designee.
(b)
Before a film permit is issued, the applicant shall agree to indemnify,
defend, and hold the City harmless from any liability for personal
injury, wrongful death, and property damage arising out of the use
of the film permit and City streets, property, and facilities.
(Added by Ord. No. 2393CCS §
2, adopted 2/28/12)
(a)
Students conducting filming shall submit to the City a written certificate
from their school stating that they are bona fide, currently enrolled
students of the school.
(b)
Non-profit organizations conducting filming shall submit to the City
a certificate stating that they are exempt and classified as non-profit
under applicable Federal and State tax law.
(Added by Ord. No. 2393CCS §
2, adopted 2/28/12)
The Director of Public Works is authorized to adopt administrative
regulations that are consistent with the purposes of this Chapter.
Violations of the administrative regulations adopted pursuant to this
Section shall constitute violations of this Chapter, and shall subject
the violator to the penalties set forth in this Chapter.
(Added by Ord. No. 2393CCS §
2, adopted 2/28/12)
(a)
Any person violating any provision of this Chapter shall be guilty
of either: (1) an infraction, which shall be punishable by a fine
of one hundred dollars for the first violation, two hundred dollars
for a second violation within one year, and five hundred dollars for
a third and subsequent violations within one year; or (2) a misdemeanor,
which shall be punishable by a fine not exceeding one thousand dollars
per violation, or by imprisonment in the County Jail for a period
not exceeding six months, or by both such fine and imprisonment. Where
the violation is of a continuing nature, each day that the violation
continues constitutes a separate and distinct violation.
(c)
The remedies provided in this Chapter are not exclusive, and nothing
in this Chapter shall preclude any person from seeking other remedies,
penalties or procedures provided by law.
(Added by Ord. No. 2393CCS §
2, adopted 2/28/12)
