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)
(a) 
No person shall use any city street, alley, sidewalk, park, way 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 community development director or his/her designee, provided that the provisions of this chapter shall not apply to or be construed to affect (1) news media or (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 community development director or his/her designee, provided that the provisions of this chapter shall not apply to or be construed to affect (1) filming which does not require any parking variances or impact any public property or rights-of-way on public property; (2) filming which does not negatively impact the quiet enjoyment of the surrounding properties; (3) filming which does not involve the use of any pyrotechnic advice as defined in California Health and Safety Code Section 12526; (4) a licensed business which regularly employs a licensed pyrotechnic operator as defined in California Code of Regulations Section 981.5; (5) filming by the news media; or filming solely for private family use.
(Ord. No. 963, 4-28-97)
(a) 
An application for filming activity under this chapter must be completed and filed at least five working days prior to the first day of filming proposed.
(b) 
Each such application must include:
(1) 
The name and signature of the property owner, 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 general statement of the character or nature of the proposed filming activity;
(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 or pyrotechnics;
(8) 
A list of major equipment to be used, including but not limited to trucks, buses, limousines and cameras; and
(9) 
Such additional information as the community development director or his/her designee may reasonably require.
(10) 
The permit application shall be in a form the community development director or his/her designee may reasonably require. In addition to the foregoing, the permit application may be on the permit application form adopted and in use by the Orange County Film Commission.
(c) 
The community development director or his/her designee may refer the application to such appropriate city departments as are directly impacted by the application as he/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.
(d) 
The community development director or his/her designee shall issue a permit under this chapter if it is determined that the following criteria have been met:
(1) 
The proposed use will not unreasonably interfere with traffic or pedestrian movement, or tend to 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) 
The proposed use will not 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 area; and
(3) 
The proposed use will not constitute a fire or safety hazard and all proper safety precautions will be taken as is reasonably necessary to protect the public peace, health, safety or general welfare.
(e) 
The community development director 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.
(f) 
The community development director 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. No. 963, 4-28-97)
(a) 
An application fee shall be required for formal processing of every application made under this chapter. Payment may be made in person at the planning division in city hall by cash or check.
(b) 
No application fee shall be required of charitable or student films or for filming conducted on behalf of the city or any city departments or divisions.
(c) 
The business license fee shall be included in the total film permit fee.
(d) 
Each permittee filming under this chapter shall reimburse the city for all costs incurred by the city, the amount of which shall be determined by the community development director or his/her designee, for city personnel or equipment provided to the applicant for the purpose of assisting or providing security or protection to the applicant for activities conducted under the permit.
(Ord. No. 963, 4-28-97)
(a) 
In addition to the requirements of this chapter and all other applicable laws, rules and regulations, the community development director or his/her designee shall condition the permit on such terms and conditions regarding the time, place, and manner of utilizing the city streets or other public property.
(b) 
Rules: The community development director or his/her designee is authorized and directed to promulgate rules and regulations, subject to approval by resolution of the city council, governing the form, time and location of any film activity set forth with the city. He/she shall also provide for the issuance of permits. The rules and regulations shall be based upon the following criteria:
(1) 
The health and safety of all persons;
(2) 
Avoidance of undue disruption of all persons within the affected area;
(3) 
The safety of property within the city; and
(4) 
Traffic congestion at a particular location within the city.
(c) 
Upon 24 hours notice by the applicant, the city manager, police chief, community development director or designee shall have the power, upon showing of good cause, to change the date for which the permit has been issued provided established limitations are complied with in respect to time and location.
(Ord. No. 963, 4-28-97)
(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, and other expenses, including any accident, loss or damage to person or property.
(b) 
Each applicant must comply with all the city, sate 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 the city, state and federal laws, regulations and ordinances, permits and licenses throughout the filming.
(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)
(a) 
As a condition of issuance of a permit hereunder, every permittee 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 of Cypress, the Cypress Recreation and Parks District, their officers, employees and agents as additional insured and which provides one million dollars or sufficient coverage that the community development director or his/her designee determines to be necessary and adequate under the circumstances. Proof of insurance shall be submitted to the city in advance of the issuance of the permit.
(b) 
An applicant/permittee shall conform to all applicable federal and state requirements for worker's compensation insurance for all persons operating under a permit.
(c) 
Faithful performance bond: To ensure cleanup and restoration of the site, an applicant may be required to post a refundable faithful performance bond in the minimum amount of $2,500. Upon completion of filming and inspection of the site by the city, the bond may be returned to the applicant.
(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)