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:
"Charitable purposes"
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.
"City"
means the City of Rancho Cucamonga, a municipal corporation formed and operated pursuant to the laws of the state.
"Film or filming"
includes, but shall not be limited to, feature motion pictures, videotapes, television and commercials.
"News purposes",
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.
"Permittee"
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.
"Production"
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.
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.
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
B. 
Cause to be served upon the film permit holder a notice of revocation hearing before the city council as provided in section 5.16.170. The hearing before the film permit officer shall be held not later than five days following the service of the notice to the film permit holder.
(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)