This chapter shall be referred to as the "Motion Picture, Television,
Radio and Still Photography Production Ordinance."
(Ord. 1055 § 1, 2013)
The purpose of this chapter is to regulate the motion picture,
television, radio and photographic production within the jurisdictional
boundaries of the city as specifically permitted by the California
Film Commission.
(Ord. 1055 § 1, 2013)
"Charitable films"
means commercials, motion pictures, television, digital recordings
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.
"Motion picture, television, radio and still photography production"
means all activity attendant to broadcasting, staging or
shooting (digitally recording or filming) commercial motion pictures,
television series, television movies or commercials, and student films
produced to satisfy a post-secondary school course requirement at
an education institution in any medium including film, tape or digital
format and to the taking of single or multiple photographs for sale
or use for a commercial purpose where the photographer sets up stationary
equipment on public or private property or the public right-of-way
in any one location for longer than five consecutive minutes.
"News media"
means the photographing, filming or digital recording for
the purpose of spontaneous, unplanned television news broadcast or
reporting for print media by reporters, photographers or camerapersons.
"On-location"
means the physical location(s) of the subject filming activity
or activities.
"Studio"
means a fixed place of business with the city certified as
such by local fire authority having jurisdiction where filming activities
(motion or still photography) are regularly conducted upon the premises.
(Ord. 1055 § 1, 2013)
No person shall use any public right-of-way, or any public or private property, facility or residence for the purpose of producing, broadcasting, taking or making any commercial motion picture, television, radio or photographic production as defined in Section
5.31.030 without a permit issued pursuant to the provisions of this chapter.
(Ord. 1055 § 1, 2013)
The provisions of this chapter shall not apply to the following:
A. News
media, charitable films, studio filming and personal family videos
or digital recordings.
B. Current
news productions, which include reporters, photographers or camera
persons in the employment of a newspaper, news service, broadcasting
station or similar entity engaged in the broadcasting of news events.
C. Productions
which are conducted by the city and its subsidiaries or affiliated
agencies.
D. Digital
recording or multimedia broadcast or transmission of a live performance
within a live entertainment venue on large-screen monitors (i.e.,
jumbotrons) attached to the exterior of the building.
E. Digital
recording or multimedia broadcast on the Internet.
(Ord. 1055 § 1, 2013)
The city manager or designee is hereby 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, which shall be based upon
the following criteria:
A. The
health and safety of all persons;
B. Mitigation
of disruption to all persons within the affected area;
C. The
safety of property within the city; and
D. Traffic
congestion at particular locations within the city.
(Ord. 1055 § 1, 2013)
If during the course of the permitted filming activities the
city manager or designee determines that additional city services
are necessary to protect public safety or maintain peace and tranquility
of residential areas, such services will be provided by the city and
the permittee shall be required to reimburse the city for any such
additional services.
(Ord. 1055 § 1, 2013)
The applicant shall execute a hold harmless agreement deemed
acceptable by the city attorney prior to the issuance of any permit.
(Ord. 1055 § 1, 2013)
The applicant shall maintain a copy of the motion picture, television,
radio and photographic permit on-location at all times.
(Ord. 1055 § 1, 2013)
To ensure cleanup and repair of any city property that will
be utilized in any manner for any filming activities, the applicant
may be required to submit a refundable security deposit in a reasonable
amount determined by the city manager or designee. The city may take
money from the security deposit to pay for any cleanup or repair that
is deemed necessary by the city manager or designee because of the
permittee's use of the subject property and permittee's failure to
perform the necessary cleanup or repair in a timely manner. If the
city uses any of the money to pay for cleanup or repair, the city
will provide the permittee with a written list of conditions that
necessitated the cleanup or repair and the amounts of money taken
from the security deposit for such purposes. Upon completion of filming
and inspection of the site by the city, if no cleanup or repair is
needed, the full amount of the security deposit shall be returned
to the applicant within thirty days of completion of the city's inspection
of the subject property.
(Ord. 1055 § 1, 2013)