As used in this chapter:
"Filming" or "filming activity"
means any and all activity, including set-up and strike time, attendant with the staging or shooting of motion pictures, television shows or programs, commercial photographs, videotapes, computer-based programs, or other visual reproduction technology now known or which may hereafter be created.
"Commercial film"
means the filming of any motion picture, television show or program, commercial photograph, videotape, computer-based program, or other visual reproduction technology now known or which may hereafter be created intended to be produced, marketed, distributed or presented for profit or which will be used for a commercial purpose.
"Charitable or student film"
means any motion pictures, television shows or programs, commercial photographs, videotapes, computer-based programs, or other visual reproduction technology now known or which may hereafter be created, produced by a nonprofit organization which qualifies under Section 501(c)3 of the Internal Revenue Code as a charitable organization, or by an accredited educational institution. Further, no person, directly or indirectly, shall receive a profit from the production, marketing, distribution, or presentation of the film, tape or photographs.
"News media"
means any person, journalist, reporter, photographer or camera operator filming or videotaping for the purpose of spontaneous unplanned television news broadcast.
"Private property"
means any property not owned by the city or other public entity or where filming would not interfere with the public right-of-way, access or safety.
"Film or filming location"
shall mean the public or private property at which the filming activity is conducted.
(Ord. 2277 § 2, 1997)
No person shall use any public or private property, facility or residence for any filming activity without first applying for and receiving a permit from the public information officer or his/her designee.
(Ord. 2277 § 2, 1997)
The provisions of this chapter shall not apply to or affect:
A. 
News media, reporters, photographers or cameramen in the employ of a newspaper, news service or similar entity engaged in on-the-spot coverage or broadcast of news events.
B. 
The filming, or taking of still photographs solely for private or family use.
C. 
Filming on private property which:
1. 
Does not require a parking variance;
2. 
Does not impact any public property or public rights-of-way;
3. 
Does not involve the use of any pyrotechnic device as defined in California Health & Safety Code Section 12526;
4. 
Does not intrude on the quiet enjoyment of surrounding properties.
(Ord. 2277 § 2, 1997)
A. 
An application for any filming or filming activity must be completed and submitted to the city at least two days prior to the first day of proposed filming. The application shall be accompanied by a nonrefundable application fee in such amount as set forth by resolution of the city council. The permit application shall be in a form the public information officer or his/her designee may reasonably require.
The applicant shall, at all times, maintain accurate application information with the city. If there is any change or modification of the information provided in the initial application, applicant shall provide the city with immediate written notification of such change.
B. 
The following information shall be included in the application:
1. 
The applicant's name, address, telephone number and facsimile number, if any;
2. 
The name, address and telephone number of the property owner of the filming location;
3. 
The specific area(s) at the filming location where filming will be conducted;
4. 
The inclusive dates and times such filming activity will occur;
5. 
A general statement of the character or nature of the proposed filming activity;
6. 
The name, address and telephone number of the designated person(s) in charge of the filming activity and film location;
7. 
The number of person(s) or personnel to be involved in the filming activity;
8. 
If any animal(s) will be used in the filming, the number and type of each animal to be used at the location;
9. 
If any pyrotechnic devices, as defined in California Health and Safety Code Section 12526 will be used in the filming, the number and description of each pyrotechnic device to be used at the location and the name and license number of the pyrotechnic operator.
10. 
A description and list of the number and types of equipment to be used for the filming activity, including but not limited to automobiles, trucks, buses, limousines, cameras, stage sets or props, and trailers.
11. 
Such additional information as the public information officer or his/her designee may reasonably require.
C. 
If deemed necessary, because of the nature of the proposed filming activity set forth in the application, the public information officer or his/her designee may refer the application to such appropriate city department(s) which may be impacted by the proposed filming activity for departmental review, evaluation, investigation and recommendation.
D. 
The public information officer or his/her designee shall approve or deny the application in a timely fashion and shall notify the applicant of the decision as soon as practical. A permit shall be issued pursuant to this chapter if it is determined that the following criteria have been met:
1. 
The applicant has paid the required fees for the permit, as required by this chapter, and has obtained any other license or permit that may be required under any other chapter of this code or other applicable laws;
2. 
The application is completed with all required information and the applicant has not made a material misrepresentation on the application;
3. 
The proposed filming activity will not unreasonably interfere with vehicular or pedestrian traffic, will not unreasonably interfere with or endanger the public peace or rights of nearby residents or businesses to the quiet, peaceable enjoyment of their property, or will not otherwise be detrimental to the public peace, health, safety and general welfare;
4. 
The proposed filming activity will not unduly impede, obstruct or interfere with the operation of emergency vehicles, equipment or personnel in, on or through the film location;
5. 
The proposed filming activity will not adversely affect the city's ability to perform its municipal functions or to furnish city services in, on or near the film location; and
6. 
The proposed filming activity will not constitute a fire or safety hazard and that the applicant will take all proper safety precautions as is reasonably necessary to protect the public peace, health, safety and general welfare.
(Ord. 2277 § 2, 1997)
A. 
Denial. The public information officer or his/her designee shall deny the permit if the conditions of this chapter or any other applicable laws and regulations have not been met or it is determined that the application contains incomplete or false information.
In the event the application for a permit is denied by the public information officer or his/her designee, written notice of such denial shall be given to the applicant specifying the ground or grounds of such denial. If an application has been denied for the failure to provide required information, and the applicant provides the additional information within the five days' time for appeal, the applicant shall not be required to pay the additional fees for an appeal. Once the additional information is received, the permit will be issued or notice of denial on other grounds will be served. Notice of denial of the application for the permit shall be deemed to have been served upon the date it is personally served on the applicant, or transmitted by facsimile or other similar means to the applicant to the facsimile number listed on the application, if any, or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her address as set forth in the application for the permit.
B. 
Revocation. A permit which has been granted pursuant to this chapter shall be immediately revoked if the public information officer or his/her designee determines that the conditions of this chapter or any other applicable laws and regulations are no longer being met or it is determined that the applicant has supplied false or incomplete information upon which the permit was based, or if there is a substantial change in circumstances which results in the proposed filming activity or location becoming detrimental to the public peace, health, safety and general welfare.
The permittee shall be notified of the revocation in person if filming is in progress, or by mailed, written notice if practicable. Notice of the revocation of the permit shall be deemed to have been served upon the date it is personally served on the applicant, or transmitted by facsimile or other similar means to the applicant to the facsimile number listed on the application, if any, or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her address as set forth in the application for the permit. Said notice shall also inform the permittee of his or her right to appeal the revocation of the permit to the city manager within five days of notice of the revocation. The revocation shall become effective immediately and the permittee shall cease all filming activity immediately upon receipt of said notice.
(Ord. 2277 § 2, 1997)
Any applicant or permittee whose application or permit has been denied or revoked may appeal such denial or revocation to the city manager within five days following the date of service of the decision and payment of the appeal fee prescribed by resolution of the city council. The date of filing of said notice of appeal shall be the date said notice and appeal fee are received by the city manager. The city manager shall act upon the appeal within ten days from the date of filing. The applicant shall be notified of the decision of the city manager by mailed, written notice. The applicant may appeal the decision of the city manager as set forth in Sections 5.24.170 and 5.24.180 of this code except that the city clerk shall forward the copy of the appeal to the public information officer who shall submit the record to the city council. Said appeal shall be filed within ten days from the date of written notice of the city manager's decision.
(Ord. 2277 § 2, 1997)
A. 
Insurance. Every permittee shall, at his/her sole cost and expense, procure and maintain in full force and effect during the term of the permit, a policy or policies of insurance with an insurer with a current A.M. Best's rating of no less than B+. The scope and amount of such insurance shall be that which, in the city's judgment, is adequate and necessary for the proper protection of any of its officers, employees or agents, during the term of the permit. Said policy or policies shall be in a form to be reasonably approved by the city and shall name the city, the city council, its officers, agents and employees as additional insureds by an endorsement to the policy. The city manager, or his/her designee may waive the requirements for insurance herein upon determination that the proposed filming activity does not present a liability exposure for the city, its officers, employees or agents.
The permittee shall furnish the city with original certificates and amendatory endorsements effecting coverage required by the city. The endorsements should be on forms provided by the city or on other than the city's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the city before filming commences. The city reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. 
The city, its officers, officials, employees, agents and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the permittee; and with respect to liability arising out of the filming activity. General liability coverage can be provided in the form of an endorsement to the permittee's insurance, or as a separate owner's policy.
2. 
The permittee shall comply with all applicable federal and state Workers' Compensation Insurance requirements for all applicable persons participating, involved with or present at the film location.
3. 
For any claims related to the filming activity, the permittee's insurance coverage shall be primary insurance as respects to the city, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the city, its officers, officials, employees, agents or volunteers shall be excess to the contractor's insurance and shall not contribute with it. The insurer shall waive all rights of subrogation against the city.
B. 
Indemnification and Hold Harmless. Permittee shall defend, indemnify and hold free and harmless the city, its officers, officials, employees, agents and volunteers from and against any and all damages to property or injuries to or death of any person or persons, and shall defend, indemnify, save and hold harmless the city, its officers, officials, employees, agents and volunteers from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, all civil claims, workers' compensation claims, and all other claims resulting from or arising out of the acts, errors or omissions of permittee, or its employees whether intentional or negligent, resulting from the granting or use of a permit issued pursuant to this chapter and/or resulting from any activities permitted hereunder.
(Ord. 2277 § 2, 1997)
A. 
Film Location Cleanup. Permittee shall keep the film location clean and free of trash and debris on a daily basis and throughout the term of the permit. Upon completion of the filming activities, the permittee shall restore the film location to its original condition.
The city manager or his/her designee may require that a permittee post a refundable faithful performance bond to ensure proper cleanup and restoration of the filming location. The amount of said bond shall be determined by the city manager or his/her designee at the time the application is submitted. Upon expiration of the permit and/or conclusion of all filming activities, the city reserves the right to inspect the film location for proper compliance. Upon satisfactory performance of all cleanup and restoration requirements at the film location, the city shall return the bond to the permittee.
B. 
Compliance with Laws. A permittee shall, for the entire term of the permit, comply with all city, state and federal laws, regulations and ordinances, and must obtain and maintain, for the entire term of the permit, at its sole cost and expense, any and all necessary permits and licenses which may be required prior to commencement of any filming activity.
C. 
Safety. The permittee shall conduct all filming activities in a safe, competent and orderly manner which includes, but is not limited to the safe and proper storage of equipment not in current use.
D. 
Private Property Use. Permittee shall lease, rent or obtain the written permission or consent of any private property owner of the filming location and shall submit a copy of same to the city upon submission of the application for a permit hereunder.
E. 
Special Authorization Required.
1. 
Parking Signs. If the permittee will be parking and/or storing equipment and/or vehicles in zones that do not normally permit such parking and/or storing, the permittee shall immediately request, and the city shall post, temporary "No Parking" signs to allow such activity.
2. 
Obstructions of Public Rights-of-Way. If necessary, the permittee shall obtain prior written authorization from the city to string cable across sidewalks, streets or other public rights-of-way, or from a generator to a service point.
F. 
Traffic Control. For any filming activity which may impair the regular flow of vehicular or pedestrian traffic, a permittee shall:
1. 
Use law enforcement or other emergency/safety personnel as may be required by the city manager or designee. Emergency/safety personnel includes, but is not limited to, police officers, California Highway Patrol officers and county sheriffs, fire and paramedic personnel. The permittee shall comply with all traffic control requirements deemed necessary by the city to ensure the public's health, safety and welfare.
2. 
A permittee shall take all appropriate safety precautions, including, but not limited to furnishing and installing advance warning signs and any other traffic control devices in conformance with the Manual of Traffic Controls, State of California, Department of Transportation.
3. 
During the filming activities, and based on the particular filming location, the permittee may be allowed to restrict vehicular traffic with appropriate emergency/safety personnel supervision. Such restriction shall be limited to one twelve-foot lane of traffic and/or such traffic may be stopped intermittently as determined by city.
4. 
Traffic shall not be detoured across double traffic lines without the prior written approval of the city manager or his/her designee.
5. 
Camera cars must observe all traffic laws and must be driven in the same direction as the regular flow of traffic, unless prior written authorization is obtained from the city manager or his/her designee.
6. 
With no exception, access roads and/or emergency service roads shall never be blocked by film crews or filming activities.
G. 
City Priority Over Filming. Any emergency road work or construction conducted by city crews and/or private contractors working under permits or contracts with the city, shall have priority over any filming activities permitted hereunder.
H. 
Filming in Parking Lots. When using a public or private parking lot, the permittee shall pay parking fees for the equivalent number of spaces used for either filming or parking at the current rate schedule.
I. 
The permittee shall not relocate, alter or remove any public or private structures, objects or property without prior written permission from the city or private property owner.
(Ord. 2277 § 2, 1997)
A. 
In addition to the permit application fees, if the permittee is required to utilize emergency/safety personnel for any filming activities, the permittee shall reimburse the appropriate public entity providing said service at the entity's then-current rates.
B. 
The permittee shall also be required to reimburse the city for use of any city property (i.e., streets, public rights-of-way, parks) used in the filming activities and for the cost of any city services resulting from the filming activities (i.e., repairs, cleanup). Reimbursement shall be at the current rates charged by the city for the use of said property or services rendered.
C. 
Notwithstanding the provisions of this section, the city reserves the right, in its sole discretion to waive any fees, costs or charges stated herein.
(Ord. 2277 § 2, 1997)
Any person violating any of the provisions of this chapter or who knowingly or intentionally misrepresents to any authorized representative of the city any material fact in procuring the permit herein provided for, or the waiver of any fee herein provided for or who violates any of the conditions or restrictions of any permit issued hereunder, shall be punished in accordance with Section 1.12.010 of this code.
(Ord. 2277 § 2, 1997)