For the purpose of the provisions regulating film production,
the following words and phrases shall be construed to have meanings
herein set forth, unless it is apparent from the context that a different
meaning is intended:
Charitable or student films.
Any commercial film produced 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.
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.
Commercial films.
All activity attendant of filming any entertainment or advertising
programs for any media now known or hereafter created.
Filming.
All activity attendant to staging or shooting motion pictures,
television shows or programs, commercial photographs, video tapes,
computer-based programs, or other visual reproduction technology now
known or hereafter created. The period of filming includes the set-up,
strike and time of photography.
News media.
Filming for purpose of spontaneous, unplanned television
news reporting by journalists, reporters, photographers or camera
operators.
Private property.
Any property not owned by the city on which filming would
not interfere with public rights-of-way, access or safety.
(Ord. No. 963, 4-28-97)
Any applicant granted a permit pursuant to this chapter shall
comply with all of the following conditions:
(a) An applicant
will be required to submit a permit request at least five working
days prior to the date on which such person desires to conduct any
activity for which a permit is required. If such activity interferes
with traffic or involves potential public safety hazards, an application
may be required at least 10 working days in advance.
(b) 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.
(c) An applicant
is required to obtain the property owner's permission, consent, and/or
lease for use of property not owned or controlled by the city.
(d) If the
applicant must park equipment, trucks, and/or cars in zones that will
not permit it, temporary "No Parking" signs must be posted by the
city. The applicant must also obtain permission to string cable across
sidewalks, or from a generator to a service point.
(e) For
filming that would impair traffic flow, an applicant must use law
enforcement personnel designated by the chief of police or his/her
designee, which may include county sheriff, California Highway Patrol,
or city law enforcement personnel and comply with all traffic control
requirements deemed necessary by the city.
(1) An
applicant shall furnish and install advance warnings, 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;
(2) Traffic
may be restricted to one twelve-foot lane of traffic and/or stopped
intermittently. The period of time that traffic may be restricted
will be determined by the city, based on location;
(3) Traffic
shall not be detoured across a double line without prior approval
of the director of public works;
(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 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.
(f) When
parking in a parking lot, an applicant 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, access roads
or other areas, which serve as emergency service roads, must never
be blocked. No relocation, alteration, or moving of city-owned structures
or property will be permitted without prior approval.
(g) The
permittee 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. No. 963, 4-28-97)
The community development director 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 working
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.
(Ord. No. 963, 4-28-97)