"Charitable films"
means commercials, motion pictures, television, videotapes, or still photography produced by a nonprofit organization, which qualifies under Section 501(c)(3) of the Internal Revenue Code as a charitable organization. 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.
"City"
means the city of La Habra.
"City council"
means the city council of the city of La Habra.
"City manager"
means the city manager of the city of La Habra, or designee.
"Commercial filming"
means motion picture, television, still photography at the same location more than six days out of a period of ninety consecutive days for any purpose other than news purposes.
"County"
means the county of Orange, California.
"Date of the notice"
means the date indicated on the notice.
"Director"
means the city of La Habra's director of community services or designee.
"Limited filming"
means motion picture, television, still photography at the same location for six or fewer days out of a period of ninety consecutive days.
"Motion picture, television, still photography"
means and includes all activity attendant to staging or shooting commercial motion pictures, television shows or programs, and commercials in any medium including film, tape or digital format.
"News purposes"
means the photographing, filming or videotaping for the purpose of spontaneous, unplanned television news broadcast or reporting for print media by reporters, photographers or cameramen, and which are intended for broadcast within twenty-four hours after the event.
"Noise disturbance"
means any sound which: (1) endangers or injures the safety or health of humans or animals; or (2) annoys or disturbs a reasonable person of normal sensitivities; or (3) endangers or injures personal or real property.
"Obscene or lewd acts"
means acts that to the average person applying contemporary statewide standards, when taken as a whole appeal to the prurient interest, and as a whole constitute patently offensive way sexual conduct, which lacks serious literary, artistic, political or scientific value.
"Peak travel hours"
means the hours of seven a.m. to eight-thirty a.m. and four-thirty p.m. to six p.m.
"Person"
means any individual, firm, corporation, association, group or combination acting as a unit, nonprofit entity, or government agency.
"Student"
means a person studying at a school or college and who can provide proof of enrollment.
"Studio"
means a fixed place of business where filming activities are regularly conducted upon the premises.
"Traffic engineer"
means the city of La Habra's traffic engineer or designee.
(Ord. 1704 § 1, 2009)
A. 
Limited filming shall be permitted in all zones.
B. 
Commercial filming shall be permitted in C and M zones, subject to a use permit.
C. 
Commercial filming shall be permitted in R zones, subject to written permission by seventy-five percent of the property owners or residents within a two hundred fifty foot radius of the proposed film location property lines, and subject to approval by the director.
(Ord. 1704 § 1, 2009)
A. 
A permit shall be required for commercial or limited filming on private property within the city.
B. 
A permit shall be required for commercial or limited filming on any city street, alley, sidewalk, park, off-street parking facility, public right-of-way or other public property.
C. 
All filming on any public property within city boundaries and that is not owned or controlled by the city shall require written permission and any applicable permits from the public entity that has jurisdiction over that property. A public entity can include, but is not limited to, a school district, community college district, county or state agency, and the California Department of Transportation.
(Ord. 1704 § 1, 2009)
The provisions of this chapter shall not apply to filming for the following purposes:
A. 
News purposes, provided that filming is for less than six days out of a period of ninety consecutive days;
B. 
Private family use;
C. 
Criminal investigations, civil proceedings or emergencies such as fires, flood or police actions;
D. 
Education, government and public access and local original programs for cable television systems franchised within the city;
E. 
Filming by the city itself (for example, video taping of sewer lines and promotional filming);
F. 
Filming that is being conducted on private property, completely inside an enclosed building or structure, and that is not viewable from adjoining public or private property, with a cast and crew of four or fewer people, who are using two or fewer motor vehicles in connection with the filming, and there are no pyrotechnics, use of hazardous materials, open flames, special effects smoke or use of vehicles inside buildings associated with the filming; however, an application form shall be submitted as provided for, and such filming shall nonetheless comply with these provisions;
G. 
Filming conducted entirely inside a studio;
H. 
Charitable films shall be subject to the permit requirements but are exempt from any and all fees pursuant to this chapter;
I. 
Students shall be subject to the permit requirements but are exempt from any and all fees pursuant to this chapter.
(Ord. 1704 § 1, 2009)
A. 
Any person desiring to use any public property or facility or any private property for commercial or limited filming shall file an application for a permit with the director, on a form furnished by the city, not less than thirty days before the date on which such person desires to conduct such activity. The director may in his or her discretion waive the requirement that applications be filed no less than thirty days prior to the date on which the activity is to be conducted.
B. 
The application shall be verified and shall set forth the following information:
1. 
The name, address and telephone number of the person wishing to conduct commercial or limited filming;
2. 
The name, address and telephone number of the person who will be in charge of the commercial or limited filming and be responsible for its conduct;
3. 
The date or dates and hours when such filming, commercial or limited, is to be conducted;
4. 
The approximate time when such filming, commercial or limited, will begin and end;
5. 
The location or locations within the city where such filming, commercial or limited, will take place;
6. 
The approximate number of persons who will engage in the filming, including commercial and limited;
7. 
A list of major equipment to be used, including but not limited to trucks, buses, limousines and cameras;
8. 
A general statement of the character or nature of the proposed filming;
9. 
A description, if applicable, of what is to be built for pyrotechnics or stunts;
10. 
A traffic control plan approved by the traffic engineer must be prepared to ensure the orderly movement of traffic through or around any area in which filming is to occur. The traffic control plan shall also include street parking restriction requirements in the event production vehicles and/or equipment shall be parked on city streets;
11. 
Proof of liability insurance in an amount not less than one million dollars naming the city as a coinsured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage. The city officers and employees shall be named as additional insured. The certificate shall not be subject to cancellation or modification until after thirty days written notice to the city. A copy of the certificate will remain on file. The director has the authority to increase or decrease the insurance amount requirement if he or she deems it appropriate, in light of the scope, duration, and location of the filming;
12. 
Worker's Compensation Insurance. An applicant shall conform to all applicable federal and state requirements for worker's compensation insurance for all persons operating under a permit;
13. 
The application shall be accompanied by an application fee as shall be established, and amended from time to time, by city council resolution;
14. 
The application shall be accompanied by any use fees required for use of any public property, including park or other city facility, as shall be established, and amended from time to time, by city council resolution.
(Ord. 1704 § 1, 2009)
All filming permits shall be subject to the following conditions:
A. 
Permittee shall agree to hold harmless, indemnify and defend the city, its officers, agents, and employees with respect to any claims or suits for damages caused by, asserted to be caused by, arising out of, or in any way connected with exercise by the applicant of the rights granted by the permit, except those arising out of the sole negligence of the city.
B. 
Permittee shall comply with all applicable provisions of the La Habra Municipal Code, as well as state and federal law.
C. 
Permittee shall submit to municipal safety inspections.
D. 
Permittee shall pay for, prior to commencement of filming, any estimated costs incurred by the city for any necessary service in conjunction with the issuance and use of the permit, including, but not limited to, police services and traffic control, as shall be established and amended from time to time by city council resolution.
E. 
Filming shall not obstruct ingress to or egress from any private property, unless the signatures of one hundred percent of the property owners and tenants whose properties would be affected have been obtained.
F. 
Filming shall reasonably allow access to or use of any public property, including streets and sidewalks abutting the property where the filming is to occur.
G. 
Traffic Control.
1. 
For filming that would impede traffic flow, an applicant must use La Habra police department personnel and comply with all traffic control requirements deemed necessary.
2. 
A 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 must be taken.
3. 
Traffic may be restricted to one twelve-foot lane of traffic and/or stopped intermittently, except during peak traffic hours.
4. 
Traffic shall not be detoured across a double line without prior approval of the police department, traffic division.
5. 
Unless authorized by the city, the camera cars must be driven in the direction of traffic and must observe all traffic laws.
H. 
All aspects of production shall occur between six a.m. and ten p.m.
I. 
All activity associated with the filming shall not cause any noise disturbance.
J. 
Any lighting used during filming or for related purposes shall not intrude into yards or buildings of an adjoining property.
K. 
Permittee shall obtain any applicable permits from the Los Angeles County fire department authorizing filming and all associated pyrotechnics, hazardous materials, open flames, special effects smoke and vehicle usage inside buildings. Filming shall be conducted in accordance with all fire safety restrictions ordered by the Los Angeles County fire department.
L. 
Permittee shall not film, or cause or allow to be filmed, nudity or obscene or lewd acts within public view.
M. 
Permittee shall use La Habra police department personnel during hours of filming and related activities to ensure compliance with permit conditions and to mitigate any parking, noise, congestion or other problems that would affect the surrounding areas. A minimum of one police personnel shall be used at all times, with the actual number of personnel to be determined by the chief of police. The chief of police may waive the requirement based upon his or her sole determination of the necessity of police personnel. Permittee shall be responsible for all costs associated with the use of La Habra police personnel.
N. 
Clean Up.
1. 
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 shooting at the scene and restored to the original condition before leaving the site.
2. 
To ensure cleanup and restoration of the site, a permittee may be required to submit a refundable security deposit in an amount to be determined by the director based upon the scope, location and duration of the filming. Upon completion of filming and inspection of the site by the city, the security deposit may be returned to the applicant.
O. 
Flood Control. When filming in a flood control channel, an applicant must obtain permission from the Orange County flood control district and vacate the channel when permit indicates because of water releases. When filming in or on flood control properties, the flood control district must be named as an additional insured.
P. 
Public Works Department (Road and Streets).
1. 
If the applicant must park equipment, trucks, and/or cars on streets or highways, temporary "No Parking" signs must be posted no less than seventy-two hours prior to the date. The applicant must also obtain permission to string cable across sidewalks, or from generator to service point.
2. 
Any emergency roadwork or construction by city crews and/or private contractors, under permit or contract to the appropriate department, shall have priority over filming activities.
Q. 
Public Parking Lots. When parking in a public parking lot, a permittee 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, fire lanes and any traffic lanes that serve as emergency service roads must never be blocked. No relocation, alteration, or moving of any existing structures will be permitted without prior approval.
R. 
Notification. All residents and merchants within a two hundred fifty feet radius of the film location must receive notice of filming at least twenty-four hours prior to the first day of filming. The notice must include the permittee's name, city permit number, contact information, general description of activities, and hours of filming.
S. 
Residential Zone Approval. Commercial filming within any R zone in the city requires written permission by seventy-five percent or more of the property owners, businesses and residential tenants within a two hundred fifty foot radius of the proposed filming location. Written permission may be in the form of signatures on a standard form that includes no less than the following information: permittee's name, contact information, general description of filming activities and hours and dates of filming.
(Ord. 1704 § 1, 2009)
A. 
The director shall investigate and grant, conditionally grant, or deny an application for a permit within the time limits set forth in this section.
B. 
The director shall determine the completeness of an application within five working days of its submittal to the city. If the director determines that the application is not complete, he or she shall notify the applicant in writing that the application is not complete and the reasons therefor, including any additional information necessary to render the application complete. Such notification by the director may be sent by hand delivery, via facsimile, or deposited in the U.S. mail or postage prepaid.
C. 
Within five working days following receipt of an amended application or supplemental information, the director shall determine whether the application is complete in accordance with the procedures set forth above. If an amended application is not filed with the city within fifteen days of the date of the notice to the applicant, the application shall be deemed to have been withdrawn and the applicant will be required to submit a new application to the city.
D. 
Upon receiving a completed application, the director shall direct city staff to conduct an investigation to determine whether the permit shall be approved. The investigation shall include consultation with the building, police, parks, public works and fire departments and inspection of the premises on which filming is proposed.
E. 
The director or designee shall render a written decision within fifteen calendar days of the submission of a completed application. Once a decision is made the applicant shall be notified in writing forthwith.
F. 
Additional time, beyond what is provided for in this section, may be requested by the permit applicant to amend an incomplete application. Reasonable or justifiable extensions of time shall be granted, up to thirty days. Extensions of time sought by applicants shall not be considered a delay on the part of the city or constitute failure by the city to provide for prompt decisions on applications.
G. 
A permit may be denied for the following reasons:
1. 
A complete application is not submitted;
2. 
The applicant, or his or her predecessor, employer, or agent, has been convicted of violating any of the provisions of this chapter during the preceding twelve months;
3. 
The applicant has failed to submit the required fees;
4. 
The applicant has failed to obtain any necessary permits or written permissions;
5. 
The city has already issued a filming permit for a location, date, and/or time that conflicts with the applicant's request.
H. 
If the permit is denied, the written decision shall state the reasons for the denial.
(Ord. 1704 § 1, 2009)
A. 
Any person aggrieved by the director's decision shall have the right to appeal the decision to the city manager. An appeal must be in writing and submitted within ten calendar days from the date of the denial of the filming permit, along with the appeal fee, in the amount set forth by resolution of the city council.
B. 
The city manager shall set a hearing within ten days from the date the written request is received by the city.
C. 
The formal rules of evidence shall not apply. All relevant evidence may be considered, and the hearing officer has the discretion to exclude evidence if he or she finds such evidence to be irrelevant or needlessly repetitive. The hearing officer has the authority to cut off presentation of evidence if he or she reasonably believes that the evidence being presented is irrelevant or needlessly repetitive.
D. 
After considering all of the testimony and evidence submitted at the hearing, the city manager shall issue a written decision to grant, or deny the permit and shall list in the decision the reasons for that decision. The decision of the city manager shall be final.
E. 
The city manager's written decision shall be served on the appellant within five calendar days from the date of the hearing by mailing to the appellant by certified mail, return receipt requested, via the U.S. mail. Service of the city manager's decision shall be deemed to have been completed on the date of mailing.
(Ord. 1704 § 1, 2009)
A. 
Any permit issued pursuant to the provisions of this chapter may be revoked summarily on the basis of any one or more of the following:
1. 
Filming or related activity has been conducted in a manner which violates one or more of the conditions imposed upon the issuance of the permit, including failure to conform to the plans and procedures described in the application, or violation of the occupant load limits or other restrictions established by the Los Angeles County fire department;
2. 
The permittee has failed to obtain or maintain all required city, county and state licenses and permits;
3. 
The permit is being used to conduct an activity other than that for which it was issued;
4. 
The permittee has misrepresented a material fact in the application;
5. 
Private property owner(s) and/or tenant(s) on whose property the filming was permitted have withdrawn consent to the filming.
B. 
The city officer who summarily revokes the permit on any of the enumerated bases shall advise the permit holder of the basis or bases for the revocation.
C. 
The permit holder may appeal the revocation decision to the city manager, who shall hold an appeal hearing within forty-eight hours.
D. 
The city manager shall issue his or her decision to uphold the permit revocation or reinstate the permit within twenty-four hours of the public hearing. The city manager's decision shall be in writing and shall be final. Such written decision shall include findings upon which the decision is based.
(Ord. 1704 § 1, 2009)