A. No person
shall engage in the business or the activity of filming, taking or
producing motion pictures for educational, entertainment or other
commercial purposes, other than for news purposes, at any time and
at any place other than at or in an established motion picture or
television studio in the city and no person shall engage in such business
or activity for such purposes, other than for news purposes, anywhere
at any time if the services of city employees, or if the rental or
other use of city-owned personal property and/or utilities, other
than utilities paid for by private service users serviced by the city,
is or are involved, unless a permit for such business or activity
during such period of time has first been granted by the city manager
or a designee.
B. In no event shall such activities be performed or conducted in excess of the time period for which the permit provided for in subsection
A of this section is issued.
(Ord. 5972 § 5, 2021; Ord. 5989 § 2, 2022)
A. No permit required by Section
5.92.010 shall be issued until after: (1) the applicant has first completed, signed and dated an application for the permit on forms provided by the city manager or a designee; (2) the applicant has deposited with the city manager or a designee all other sums of money and/or completed documents as may be required under this code.
B. The
amount or rate of any permit, license, charge or other fee under this
chapter shall be established and/or modified by resolution of the
city council. The schedule for the fees shall remain on file and be
available in the office of the city clerk. The city manager or a designee
shall review the fees charged at least once annually and shall recommend
changes to the council when appropriate.
(Ord. 5972 § 5, 2021; Ord. 5989 § 2, 2022)
A. The city manager or a designee shall prepare and supply a form for application for the permit required by Section
5.92.010. The form shall require the following information and shall be signed and dated by the applicant:
1. Full
legal name of applicant;
2. Business
name of applicant (if different);
3. Business
address of applicant;
4. Business
telephone of applicant;
5. Location
of proposed filming or taping;
6. Dates
and times of proposed filming or taping;
7. Services
of city employees desired or required on location during filming or
taping;
8. Description
of scene to be filmed or taped;
9. Name
of person in charge on location; and
10. Any other information as the city manager may deem necessary or desirable.
B. An original
application submitted for processing and review may be amended or
revised before the effective date of the permit.
(Ord. 5972 § 5, 2021; Ord. 5989 § 2, 2022)
A. A charge is imposed for the use or occupation of city-owned or controlled real property, including public streets, when the proposed use or occupation may be exclusive or otherwise disruptive of the free public use by either motor vehicles or pedestrians, or both, for the purposes designated in Section
5.92.010.
B. A charge is imposed for the services of each city officer or employee, including public safety personnel, used for any purpose arising out of or connected with the issuance of a permit under Section
5.92.010.
C. A charge
is imposed for each inspection by fire division personnel of the location
of the proposed filming or taping.
D. A charge
is imposed for costs of overhead and administration incurred by the
city.
E. A charge is imposed for each item of city-owned or controlled personal property and/or utilities, other than utilities paid for by private service users serviced by the city, used for any purpose arising out of or connected with the issuance of a permit under Section
5.92.010. The amount of the charge, if not provided elsewhere in this code, shall be in accordance with a rate schedule to be approved by the city manager.
(Ord. 5972 § 5, 2021; Ord. 5989 § 2, 2022)
It shall be a condition of the issuance and continued validity of any permit granted under Section
5.92.010 that the permittee first take out, pay for and maintain insurance. Insurance requirements prior to obtaining such permits shall be determined by the city attorney.
(Ord. 5972 § 5, 2021; Ord. 5989 § 2, 2022)
The city manager or a designee shall issue a permit as required by Section
5.92.010 unless the city manager finds that any information or statement contained on the permit application form is untrue or that the public health, safety or welfare will be, or has been, adversely affected to a significant degree by any one or more of the following:
A. Anticipated
or actual:
2. Disruption
or obstruction of traffic, parking or business,
3. Length
of time required to conduct specified activity;
B. Attitude
of neighborhood;
C. Number
of permits granted previously for specified location;
D. Past
performance of permittee in adhering to conditions.
(Ord. 5972 § 5, 2021; Ord. 5989 § 2, 2022)
A. The day charge set forth in Section
5.92.040(A) shall not be applicable to a public affairs program (as defined by the Federal Communications Commission) under the following circumstances:
1. When
the proposed use or occupation is of a public street, provided that
the use is not exclusive or otherwise disruptive of the free public
use by motor vehicles, pedestrians or both;
2. When
the proposed use is of city-owned or controlled real property other
than public streets.
B. For
nonprofit corporations, organizations or associations (as defined
by
Revenue and Taxation Code Sections 23701d and 23701(1)), public
affairs programs (as defined by the Federal Communications Commission),
and for students who are enrolled in a school, college or university
(as defined by
Business and Professions Code Section 18629) and who
are filming or videotaping as part of a class project, any application
fee, service charge, or transaction fee for the obtaining of a permit
shall be discounted to no more than 50% of standard rates for such
permit.
(Ord. 5972 § 5, 2021; Ord. 5989 § 2, 2022)