This chapter shall be known as the "Motion Picture, Television,
Radio and Photographic Production Ordinance."
(Prior code § 6600; Ord. 88-162 § 1, 1988; Ord. 98-524 § 1, 1998)
As used in this chapter:
shall mean all activity attendant to broadcasting, staging
or shooting (video taping or filming) commercial motion pictures,
television shows, programs or commercials, 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.
(Prior code § 6601; Ord. 88-162 § 1, 1988; Ord. 98-524 § 2, 1998)
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 5.80.020 without a permit issued pursuant to the provisions of this chapter.
(Prior code § 6602; Ord. 88-162 § 1, 1988; Ord. 98-524 § 2, 1998)
The provisions of this chapter shall not apply to the following:
a.
Current
news productions, which includes 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.
b.
Productions
which are conducted by the city's public, education and government
access organizations or the West Hollywood Marketing Corporation and
its subsidiaries.
c.
Productions
which are conducted within legally established commercial motion picture/television/radio/
photography studios.
d.
Video
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.
Video
or multimedia broadcast on the Internet.
(Prior code § 6603; Ord. 88-162 § 1, 1988; Ord. 92-348 § 1, 1992; Ord. 98-524 § 3, 1998)
Any person desiring a permit under the provisions of this chapter
shall make application on the appropriate form provided by the City's
Film Office or by the Entertainment Industry Development Corporation/Los
Angeles Film Office or by furnishing the required information by telephone,
fax machine or the Internet to the City's Film Office. 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. If the application satisfies the criteria of
this chapter, the permit shall be issued within two working days of
submittal, or within four working days of submittal if the activity
requires traffic control in excess of three minutes or includes stunts
or special effects, or within ten working days of submittal if activities
require road closures.
(Prior code § 6604; Ord. 88-162 § 1, 1988; Ord. 91-308 § 1, 1991; Ord. 98-524 § 4, 1998)
Each application shall be accompanied by the following fees:
a.
A processing
fee in an amount established by resolution of the City Council to
reimburse the city for the staff time required to evaluate the application
and establish conditions of approval. The processing fee shall be
waived for charitable and nonprofit organizations which qualify under
Section 501(c)(3) of the United States Internal Revenue Code.
b.
A daily
property use fee in an amount established by resolution of the City
Council to reimburse 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. The property use fee shall be waived for
the following:
1.
Productions
conducted by a cable television company operating under a franchise
granted by the city which are not conducted on public property., do
not interfere with public rights-of-way, and which involve fewer than
two motor vehicles;
2.
Productions
for wholly charitable or educational purposes and from which no profit
is derived, either directly or indirectly; and
3.
Student
filming – productions directed or produced by a person currently
enrolled in courses related to the production.
(Prior code § 6605; Ord. 88-162 § 1, 1988; Ord. 91-308 § 1, 1991; Ord. 92-348 § 1, 1992; Ord. 98-524 § 5, 1998)
The City Manager or his or her designee shall issue a permit
as provided for in this chapter when, from a consideration of the
application and from such other information as may be otherwise obtained,
he/she finds that:
a.
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. Seventy-two hours notice of any street closure shall be given
in accordance with the provisions of Los Angeles County Code Section
15.64.140, incorporated into this code as part of the Traffic Ordinance.
b.
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 not reimbursed in advance by the applicant.
c.
At the
determination of the City Manager or his or her designee as well as
the Los Angeles County Sheriff's Department, Los Angeles County Fire
Department and the City's Department of Transportation and Public
Works, that the condition of such activity will not constitute a fire
hazard or any other type of hazard and all property safety precautions
will be taken as determined by the heads of the aforementioned departments
or their designees.
|
The decision of the City Manager or his or her designee to issue,
conditionally issue, or 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.
|
(Prior code § 6606; Ord. 88-162 § 1, 1988; Ord. 88-202 § 2, 1988; Ord. 92-348 § 1, 1992; Ord. 98-524 § 6, 1998)
If deemed necessary by the City Manager or his or her designee,
additional sheriff, code enforcement, fire, and other city services
shall be provided for the purpose of protecting, assisting and regulating
the proposed activity. The cost of providing such additional services
shall be paid in advance to the city by the applicant. Any additional
city services will be provided/coordinated through the City Manager
or his or her designee.
(Prior code § 6607; Ord. 88-162 § 1, 1988; Ord. 92-348 § 1, 1992)
As a condition of issuing such a permit, the applicant shall
furnish insurance in an amount to be determined by the City Manager
but in no event in an amount less than one million dollars ($1,000,000.00)
to protect the city against claims of third persons for personal injury,
wrongful death and property damage and to indemnify the city for damage
to the city property arising out of the permittee's activities. An
additional minimum of five million dollars ($5,000,000.00) of such
general liability insurance coverage shall be required in the event
aircraft or helicopters are used in the activity. Such insurance shall
be evidenced by the standard General Special Endorsement Form or the
Certificate of Insurance (Public Liability) form provided by the City's
Film Office. Applicant shall also submit verification that adequate
worker's compensation insurance coverage is maintained.
(Prior code § 6608; Ord. 88-162 § 1, 1988; Ord. 91-308 § 1, 1991; Ord. 98-524 § 7, 1998)
The applicant shall execute a hold harmless agreement as provided
by the city prior to the issuance of any permit.
(Prior code § 6609; Ord. 88-162 § 1, 1988)
The applicant shall maintain a copy of the motion picture, television,
radio and photographic permit on-site at all times.
(Prior code § 6610; Ord. 88-162 § 1, 1988; Ord. 98-524 § 8, 1998)
The applicant shall conduct operations in an orderly fashion
with continuous attention to the storage of equipment not in use,
maintenance of the area, and the cleanup of trash and debris. The
area used shall be cleaned of trash and debris within two hours of
the completion of the activity or within such other time established
in the permit to the city's satisfaction. The applicant shall be responsible
for restoring any area damaged or disrupted before leaving the site.
If the site is not repaired or restored to the city's satisfaction,
the City Manager or his or her designee shall have the necessary restoration
and/or repairs performed and the applicant shall reimburse the city
for such work within ten days of completing filming. In the event
the applicant fails to so reimburse the city, the city may secure
its reimbursement from either a cash or surety bond which shall be
posted with the city to ensure faithful performance of such restoration.
Such faithful performance bond shall be filed at the time of the application
in an amount of $500 or in any higher amount determined by the City
Manager or his or her designee to be reasonably required under the
circumstances. The amount of the bond shall in no way limit the applicants
liability or responsibility for the costs of repairs or restoration
in the event these costs exceed the bond amount.
(Prior code § 6611; Ord. 88-162 § 1, 1988; Ord. 91-308 § 1, 1991)
The City Manager and his or her designee is hereby authorized
to promulgate and enforce administrative regulations in the implementation
and enforcement of this chapter.
(Prior code § 6612; Ord. 88-162 § 1, 1988)
