This chapter is intended to standardize filming permit procedures
to facilitate filming within the city, to ensure that such activity
is consistent with the public health, safety and general welfare and
the protection of property.
(Code 1980, § 5.16.010; Ord. No. 410, § 1, 1990)
For the purpose of this chapter, the following words and phrases
are defined and shall be construed as set out in this section, unless
it is apparent from the context that a different meaning was intended:
means filming or videotaping for a motion picture or television
production conducted by an organization in which no individual either
directly or indirectly receives a profit from the production, marketing
or showing of the films or tapes.
means the City of Rancho Cucamonga, a municipal corporation
formed and operated pursuant to the laws of the state.
includes, but shall not be limited to, feature motion pictures,
videotapes, television and commercials.
as specified in this chapter, means filming or videotaping
for television news broadcasting by reporters, photographers, or camera
persons in the employ of a newspaper, news service, or similar entity,
of news events concerning those persons, scenes, or occurrences which
are in the news and of general public interest. The filming or videotaping
of such shall be for regularly scheduled news programs (but not magazine
or documentary programs) and special news programs which are not preplanned
and are broadcast within 24 hours after the event.
means any person, firm, corporation or group or combination
acting as a unit to whom or which a film permit is granted by the
city under the provisions of this chapter.
means the activity of making a film for commercial or noncommercial
purposes on property owned by the city or on private property within
the jurisdiction of the city.
(Code 1980, § 5.16.020; Ord. No. 410, § 1, 1990; Ord. No. 870 (Recodification), 2014)
Except as otherwise provided, it shall be unlawful for any person
in the business or activity of filming, videotaping or producing motion
pictures on motion picture film or electronic videotape for public
exhibition as motion pictures or for television, at any place within
the city, other than at or in an established motion picture or television
studio or entirely within an enclosed structure or building, with
no outside storage of filming equipment, without a film permit from
the film permit officer. Any person interested in filming within the
city shall complete in full a film permit application as stated in
this chapter and provide to the city all the information requested
therein.
(Code 1980, § 5.16.030; Ord. No. 410, § 1, 1990)
The provisions of this chapter shall not apply to:
A.
The
filming or videotaping of motion pictures solely for private or family
use;
B.
The
filming or videotaping of motion pictures for use in a criminal investigation,
civil proceeding, and emergencies such as fires, floods, police actions,
etc.;
C.
The
filming or videotaping of motion pictures for news purposes (but not
magazine or documentary programs);
D.
Education,
government and public access and local organization programs for cable
television systems franchised within the city;
E.
The
filming or videotaping of motion pictures by the city itself (e.g.,
videotaping of sewer lines and media services programming); and
F.
Any
other activity as deemed in the public interest by the film permit
officer.
(Code 1980, § 5.16.040; Ord. No. 410, § 1, 1990)
This chapter shall be administered by the community development
director whose responsibilities shall include the following functions
to be carried out either directly or by subordinate employees:
A.
Marketing.
Attraction of motion picture production to the city;
B.
Coordination.
The film permit officer shall work directly with the permittee to
assist in expediting to the greatest extent possible the issuance
of all use permits necessary for motion picture production, by co-ordinating
all city department reviews and approvals. If other non-city agencies
have jurisdiction, the film permit officer shall notify such overlapping
jurisdictions and shall inform the permittee in writing on the permit.
(Code 1980, § 5.16.050; Ord. No. 410, § 1, 1990)
A.
Each application shall be accompanied by a nonrefundable application and investigation fee payable to the city which shall be set by resolution of the city council; provided, however, that no fee shall be required of applicants filming or videotaping for motion picture or television production for charitable purposes, as defined in section 5.16.020.
B.
If the
film permit officer determines that any potential danger to the public's
health, safety or general welfare or property would be eliminated
by the presence of police or fire protection at the site of the filming
or videotaping for motion picture or television production, the film
permit officer may grant the film permit upon condition that the permittee
pay in advance to the city, the costs of such police or fire protection
as may be required.
C.
For
filming permits which necessitate the city to provide services to
the permittee in addition to police or fire protection, service charges
shall be imposed. Such charges will be determined by the applicable
servicing city department and shall be based on the actual cost incurred
by the city in providing such services. Such service charges shall
include, but shall not be limited to, charges for labor, supervision,
overhead, administration and the use of any and all city equipment,
supplies, etc. Additional charges may be imposed to cover the cost
of extraordinary film permit investigation and/or staff costs, if
the city manager feels this is necessary.
D.
In addition
to the fee required in this section, a business license tax (whatever
the current rate may be) shall also be required and shall be payable
to the city.
(Code 1980, § 5.16.060; Ord. No. 410, § 1, 1990; Ord. No. 870 (Recodification), 2014)
An applicant must submit a permit request, on a standard application
form as established by the California Film Commission, at least two
working days prior to the date on which such person desires to conduct
filming activity, including preparation, shooting and strike days.
If such activity interferes with traffic or involves stunts or special
effects, an application must be submitted at least four working days
in advance and ten working days in advance for road closures. Permit
application information may be given by the production company to
the city by telephone. The production company shall keep a copy of
the permit posted on-site in a conspicuous place at all times.
(Code 1980, § 5.16.070; Ord. No. 410, § 1, 1990)
Before granting any film permit pursuant to this chapter, the
film permit officer shall determine that such filming or videotaping
for motion picture or television production will not unreasonably
interfere with the public health, safety and general welfare or unreasonably
endanger any property. In making this determination, the film permit
officer shall take into consideration the noise, traffic hazards,
fire hazards and other environmental problems, including health and
safety which are likely to be caused by such activities. In granting
the permit, the film permit officer may further impose any reasonable
conditions as are necessary to protect the public health, safety and
general welfare or property.
(Code 1980, § 5.16.080; Ord. No. 410, § 1, 1990)
A.
Any
applicant aggrieved by any decision of the film permit officer with
respect to a film permit may appeal such decision to the city council
within ten days following notice of such decision.
B.
A written
request for such appeal shall be filed with the city clerk and all
such requests shall contain the following information:
1.
The
name and address of the applicant;
2.
The
date of the decision in question;
3.
The
reasons for the appeal; and
4.
The
grounds relied upon for relief.
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The appeal request shall be accompanied by a nonrefundable appeal
fee in the amount to be set by resolution of the city council. Upon
receipt of the appeal request, the city clerk shall set the matter
for hearing at a regular meeting of the city council not later than
30 days following the date the appeal request was filed. Notice of
the time and place of the hearing shall be mailed to the applicant,
by certified mail, no later than ten days prior to the date set for
the hearing. The notice may also designate certain records that the
applicant is required to produce at the time of the hearing.
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C.
At the
hearing as prescribed by this section, the applicant and the city
may submit any and all evidence as they believe to be relevant. The
city council may require the presentation of additional evidence from
either the applicant or the city, or from both, and may continue the
hearing from time to time for the purpose of allowing the presentation
of additional evidence. Upon conclusion of the hearing, the city council
may, by resolution with findings, approve, reverse or modify the decision
of the city manager and such decision of the city council shall be
final.
(Code 1980, § 5.16.090; Ord. No. 410, § 1, 1990; Ord. No. 870 (Recodification), 2014)
Permits granted pursuant to this chapter shall be valid for
the period of time necessary to film a specific shot or sequence of
shots, including preparation, shooting and strike days.
(Code 1980, § 5.16.100; Ord. No. 410, § 1, 1990)
Minor additions, corrections or alterations to a permit shall
be made available by way of application for an unlimited number of
"riders," which shall be attached to the original permit in writing.
However, a permit cannot be extended or amended by rider after the
completion of the filming activity. Significant changes to the original
permit shall require a new permit application.
(Code 1980, § 5.16.110; Ord. No. 410, § 1, 1990)
The designated film permit officer 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 within the city. He/she shall also provide
for the issuance of permits. The rules and regulations shall be based
upon the following criteria:
A.
The
health and safety of all persons;
B.
Avoidance
of undue disruption of all persons within the affected area;
C.
The
safety of property within the city; and
D.
Traffic
congestion at particular locations within the city.
(Code 1980, § 5.16.120; Ord. No. 410, § 1, 1990)
Use of any public facilities within the city may require an
additional rental or use agreement.
(Code 1980, § 5.16.130; Ord. No. 410, § 1, 1990)
For filming that would impair traffic flow, the applicant shall
be required to submit an application for temporary major closure to
the city engineer, concurrent with the film permit request. The permittee
shall comply with all traffic control requirements deemed necessary.
(Code 1980, § 5.16.140; Ord. No. 410, § 1, 1990)
It shall be a condition of the issuance and continued validity
of any film permit granted pursuant to this chapter that the permittee
first obtain, pay for, and maintain a policy of general liability
insurance approved as to form by the city attorney which shall insure
the city, its officers, and employees against any liability or claims
of liability brought or made by or on behalf of any person for personal
injury or property damage caused by or arising out of any negligent
act or omission of either the permittee, his or her agents or employees,
including any officers or employees of the city, or caused by or arising
out of the condition of any city-owned or controlled property, whether
real or personal, and occurring during the period and as a result
of the activities for which such film permit was issued. The amount
of coverage to be provided by such policy shall not exceed $1,000,000.00.
The permittee may satisfy the requirement imposed by this section
through the presentation of a certificate of insurance, for at least
the required amount of coverage, which indicates that, by endorsement
thereto, the city, its officers and employees have been added as additional
insureds. Such certificates shall additionally provide that the required
insurance will not be modified, changed or terminated unless a written
notice thereof has been transmitted to the city clerk. The permittee
shall use the standardized insurance form as established by the California
Film Commission.
(Code 1980, § 5.16.150; Ord. No. 410, § 1, 1990; Ord. No. 870 (Recodification), 2014)
Any film permit issued pursuant to the terms of this chapter
may be subject to immediate suspension if it is found necessary for
the protection of the public health, safety or general welfare. Such
suspension shall only be instituted upon the recommendation of the
city that immediate protective action is necessary. In the event of
such a suspension, the film permit officer shall within 24 hours after
the suspension:
A.
Cause
to be served upon the film permit holder a written statement containing
the grounds for suspension and a notice of hearing to show cause before
the film permit officer as to why the film permit should not be suspended
pending revocation hearings; and
(Code 1980, § 5.16.160; Ord. No. 410, § 1, 1990; Ord. No. 870 (Recodification), 2014)
A.
Any
film permit granted or issued pursuant to the provisions of this chapter
may be revoked after a public hearing before the city council. A film
permit may be revoked under the following circumstances:
1.
Where
it has been determined that the permittee has violated or has failed
to comply with any of the ordinances, resolutions, or applicable regulations
of the city;
2.
Where
it has been determined that the permittee has violated or has failed
to comply with any of the terms or conditions of the film permit;
3.
Where
it has been determined that the film permit has been granted pursuant
to false or fraudulent information contained in the film permit application;
4.
Where
it has subsequently been determined that the filming activity will
fail to meet the criteria enumerated in this chapter for granting
a film permit; or
5.
Where
it has been determined that the preservation of the public health,
safety and general welfare demand revocation of the file permit.
B.
A notice
of revocation shall be mailed to the permittee, by certified mail,
stating the grounds for the revocation and providing a date within
30 days of the mailing of such notice for a public hearing before
the city council. Upon the conclusion of the public hearing, the city
council may, by resolution with findings, revoke or modify the film
permit and the decision of the city council shall be final and conclusive
as to all matters in controversy.
(Code 1980, § 5.16.170; Ord. No. 410, § 1, 1990; Ord. No. 870 (Recodification), 2014)
Any filming, videotaping, or related activity conducted contrary
to the provisions of this chapter shall be and is declared to be an
unlawful action and a public nuisance. The city may commence an action
at law or in equity in the name of the city in any court of competent
jurisdiction against the permit holder to ensure compliance of the
terms and provisions of this chapter. All remedies prescribed in this
Code will be cumulative and the use of any one or more remedies by
the city shall not bar the use of any other remedy for the purpose
of enforcing the provisions of this chapter.
(Code 1980, § 5.16.180; Ord. No. 410, § 1, 1990)
