It is the purpose and intent of the city to encourage the motion
picture and television production industry and the commercial still
photography industry to utilize the scenic beauty and variety of backdrops
afforded in the city as locations for filming, video taping, or otherwise
recording motion pictures for movie or television production and still
photographs for commercial purposes, provided such activities do not
unreasonably interfere with the public health and safety of our citizens
or unreasonably endanger any property within the city.
It is the purpose and intent of this chapter to provide the
means by which such activities may be reasonably regulated to preserve
the public health and safety and provide for the protection of property,
to not unduly restrict such activities, and to maintain harmonious
relations between the community and those engaged in such activities.
(Ord. 1280 § 1, 1987)
For the purpose of this chapter only, the following words and
terms shall be deemed to mean and be construed as follows:
means commercials, motion pictures, television, video tapes
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.
means the city manager or his designee. The film permit officer
also serves as Palm Springs' liaison to the California film office.
means and includes all activity attendant to staging or shooting
commercial motion pictures, television shows or programs, and commercials.
means the photographing, filming or video taping for the
purpose of spontaneous, unplanned television news broadcast or reporting
for print media by reporters, photographers or camera persons.
means a fixed place of business where filming activities
(motion or still photography) are regularly conducted upon the premises.
(Ord. 1280 § 1, 1987; Ord. 1548 § 1, 1997)
Except as otherwise provided herein, it is unlawful for any
person to engage in the business or activity of the filming, video
taping or otherwise producing motion pictures or still photography
for television or public exhibition at any place within the city,
other than at or in an established motion picture, television or photography
studio, unless such person has first been issued a motion picture
or still photography permit by the film permit officer.
(Ord. 1280 § 1, 1987)
The provisions of this chapter shall not apply to the following
for filming, video taping or the photographing or otherwise preserving
of motion pictures or still photographs:
(1)
News
Media.
Those reporters, photographers or camera persons in the employ
of a newspaper, news service or similar entity engaged in on-the-spot
print media, publishing or broadcasting of news events concerning
those persons, scenes or occurrences that are in the news and of general
public interest; and/or those who are filming or video taping for
use in criminal investigations, civil proceedings, and emergencies
such as fires, floods, police actions, etc. This exception does not
apply to:
(2)
Those
who film or video tape motion pictures solely for private family use;
(3)
Charitable
Films.
Those projects that qualify under Section 501(c)(3) of the Internal
Revenue Code;
(4)
Those
filming activities (motion or still photography) conducted at a studio;
(5)
Those
education, government, and public access and local origination programs
for cable television systems franchised within the city.
(Ord. 1280 § 1, 1987; Ord. 1548 § 2, 1997)
An application for a motion picture permit or still photography
permit shall be submitted to the film permit officer, on a form which
the film permit officer shall furnish, wherein the applicant shall
state the following information:
(a)
Full
legal name of applicant;
(b)
Business
name of applicant, if different;
(c)
Business
address of applicant;
(d)
Business
telephone number of applicant;
(e)
Location(s)
of proposed motion picture or still photography activity;
(f)
Date(s)
and time(s) of proposed motion picture or still photography activity;
(g)
A
description, including the number and type, of all motor vehicles
that applicant will utilize;
(h)
Services
of city employees desired or requested on location during the proposed
activities;
(i)
A
list of all public facilities which applicant desires to use in conjunction
with the proposed activity;
(j)
The
name of the person in charge at each location where the proposed activity
will occur;
(k)
Such
other information as the film permit officer may deem necessary.
(Ord. 1280 § 1, 1987)
An application fee, to cover the actual cost of processing the
permit, in an amount determined by resolution of the city council,
shall be paid by applicant to the film permit officer when the completed
application form is submitted for approval.
(Ord. 1280 § 1, 1987)
Upon a determination by the film permit officer that the activities
described in the application form do not pose a threat to the public
health and safety and provide for the protection of property, the
application may be approved. The film permit officer may impose such
conditions to approval as are necessary to make such a determination.
If such a determination cannot be made, the application for motion
picture or still photography permit shall be denied.
(Ord. 1280 § 1, 1987)
Upon the approval or conditional approval of the application
for a motion picture or still photography permit and after applicant
has:
(a)
Procured
public liability insurance in the amount of one million dollars combined
single limit naming the city of Palm Springs as co-insured (this requirement
may be waived by the city's risk management officer); and
(b)
Executed
an agreement to indemnify, defend and save the city harmless from
any and all claims and liability of any kind whatsoever resulting
from or arising out of the issuance of such permit; and
(c)
Prepaid
such costs as the film permit officer reasonably estimates will be
incurred by city for the use of its personnel and facilities, with
overpayments to be reimbursed and underpayments billed for payment
to the applicant thirty days after the final day of shooting;
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The film permit officer shall issue a motion picture or still
photography permit to applicant. The permit shall be subject to the
conditions of the approved application.
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(Ord. 1280 § 1, 1987)
The term of the permit shall be for such period of time as is
necessary to complete the activities set forth in the application
for the permit.
(Ord. 1280 § 1, 1987)
If the activities described in the application form are not
completed when the permit expires, and upon good cause shown, the
film permit officer may extend the term of the permit for a period
of time necessary to complete the activities set forth in the application
for the permit.
(Ord. 1280 § 1, 1987)
The permittee shall reimburse the city for all costs incurred
by the city which result from the issuance of the permit and the activities
authorized therein.
(Ord. 1280 § 1, 1987)
The film permit officer is authorized to promulgate such rules
and regulations as are necessary to realize the purpose and intent
of this chapter and which are not inconsistent therewith.
(Ord. 1280 § 1, 1987)
If the permittee violates any of the conditions of approval,
performs those activities described in the application for motion
picture or still photography permit in a manner that poses a threat
to the public health and safety or the preservation of property, or
engages in activities outside the scope of the activities described
in the application, the film permit officer may summarily suspend
or revoke the permit.
(Ord. 1280 § 1, 1987)
Any person aggrieved by an action taken by the film permit officer may appeal such action to the city council pursuant to the provisions of Chapter 2.05 of the Palm Springs Municipal Code.
(Ord. 1280 § 1, 1987)
