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)
A. 
The city manager or designee shall issue a permit as provided for in this chapter when, after consideration of the application and from such other information as may be otherwise obtained, he or she finds that:
1. 
The conduct of such activity will not unduly interfere with traffic or pedestrian movement or endanger public safety and that no streets will be completely closed to traffic for an unreasonable period of time, with seventy-two hours notice of any street closure being provided in accordance with the provisions of Rancho Mirage Municipal Code Chapter 12.04.
2. 
The conduct of such activity will not unduly interfere with normal governmental or city operations, threaten to result in damage or detriment to public property, or result in the city incurring costs or expenditures in either money or personnel unless compensated by the applicant.
3. 
At the determination of the city manager or designee and certain designated staff, that the condition of such activity will not constitute a hazard for which necessary precautions will be taken.
B. 
The decision of the city manager or designee to issue or conditionally issue a permit, or the city manager's decision to deny a permit shall be final unless appealed in writing within five working days of the decision by requesting a hearing before the city council at the next available meeting or a designated subcommittee of the city council authorized to render a final decision on the appeal on behalf of the city. An appeal hearing shall be open to any interested member of the public.
(Ord. 1055 § 1, 2013)
A. 
The issuing authority shall be the city manager or designee.
B. 
The following information shall be included in the application:
1. 
The name, mailing address, email address and telephone number of the owner (or representative) of the subject property or properties where the proposed film activity will take place;
2. 
The specific location of the subject property or properties where the proposed film activity will take place;
3. 
The inclusive hours and dates when the proposed film activity will occur;
4. 
A general statement of the character or nature of the proposed filming activity;
5. 
The name, address, email address, and telephone number of the person or persons in charge of the proposed filming activity;
6. 
The exact number of on-location personnel to be involved;
7. 
Activity which may cause public concern with the potential disruption of the quiet enjoyment of someone's property such as the use of any animals, gunfire or pyrotechnics and low flying aircraft; and
8. 
The exact amount/type of vehicles/equipment to be employed along with a parking plan.
C. 
Any person applying for a permit under the provisions of this chapter shall complete and submit the application provided by the city.
1. 
The form must be signed and accompanied by all required fees, deposits, hold harmless agreement and insurance certificate required by this chapter before it will be processed.
2. 
If the application satisfies the criteria of this chapter, the permit shall be issued as expeditiously as reasonably practicable.
3. 
If the application fails to satisfy the criteria of this chapter, the permit may be denied only by the city manager.
(Ord. 1055 § 1, 2013)
A. 
Each application shall be accompanied by the following fees:
1. 
A processing fee in an amount established by resolution of the city council to cover the estimated costs to be incurred by the city for the staff time required to evaluate the application and establish conditions of approval. Such processing fee may be waived for state or federally registered charitable and nonprofit organizations at the discretion of the city manager or city council.
2. 
An impact fee in an amount established by resolution of the city council to cover the estimated costs to be incurred by the city for the staff time required to monitor the activity, as well as to compensate the city for the use of public property and its unavailability for ordinary and usual purposes resulting from the filming activity. This fee shall be waived for the following:
a. 
Productions which do not interfere with public rights-of-way, traffic circulation and pedestrian movement and flow;
b. 
Student productions directed or produced by a person currently enrolled in courses related to film production.
B. 
Upon the request of the permittee, the city manager or designee may, upon a showing of good cause, change the date for which the permit has been issued, provided established limitations regarding time and location are met, at no cost to the permittee.
(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)
A. 
Before a permit is issued, a certificate of insurance shall be provided in the amount of one million dollars naming the city as an additional insured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage. Certain city officials and designated staff shall also be named as additional insureds. The certificate shall not be subject to cancellation or modification without thirty days prior written notice to the city.
B. 
An additional five million dollars of general liability insurance coverage shall be required in the event aircraft or pyrotechnics will be used in the course of the permitted filming activity. Such insurance shall be evidenced by the standard general special endorsement form or the certificate of insurance (public liability) form deemed acceptable by the city attorney.
C. 
The applicant shall comply with all applicable federal and state requirements for workers' compensation insurance for all persons operating under a permit. Applicant shall also submit verification that adequate workers' compensation insurance coverage is maintained or proof of exemption from workers' compensation insurance in a form deemed acceptable by the city attorney.
(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)
A. 
Failure to comply with any provision of this chapter shall constitute a public nuisance and a misdemeanor violation. Upon conviction thereof any violation shall be punishable by a fine not to exceed one thousand dollars, or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. In lieu of issuing a misdemeanor citation, the city may issue a Notice of Violation or an administrative citation, and/or assess an administrative fine of up to one thousand dollars for each violation of this chapter pursuant to the procedures set forth in Title 14.
B. 
A separate offense occurs for each day any violation of this chapter is continued and/or maintained, and the remedies provided herein are not to be construed as exclusive remedies, and in the event of violation, the city may pursue any proceedings or remedies otherwise provided by law.
(Ord. 1055 § 1, 2013)