It is the purpose and intent of this city council in adopting this chapter to provide requirements and procedures to facilitate filming and video taping within the city, to assure that such activity is consistent with the public health, safety and general welfare and the protection of property.
(Ord. 885 § 1, 1996)
For the purpose of this chapter, the terms used in this chapter are defined as follows:
"Filming or video taping"
means producing motion pictures on motion picture film or electronic video tape.
"News purposes"
means filming or video taping for television news broadcasting by reporters, photographers or cameramen in the employ of a newspaper, news service, or similar entity, of news events concerning those persons, scenes or occurrences which are in the news and of general public interest to be viewed within twenty-four hours. This does not include magazine or documentary programs.
(Ord. 885 § 1, 1996)
No person shall engage in the business or activity of filming, video taping or producing motion pictures on motion picture film or electronic video tape for public exhibition as motion pictures or for television without first applying for and receiving a permit therefor from the city council as provided in this chapter.
(Ord. 885 § 1, 1996)
The provisions of this chapter shall not apply to:
A. 
The filming or video taping solely for private or family use;
B. 
The filming or video taping for use in a criminal investigation, civil proceeding, and emergencies such as fires, floods, police actions and the like;
C. 
The filming or video taping for news purposes;
D. 
The filming or video taping of community access programs for cable television systems franchised within the city;
E. 
The filming or video taping for the purposes of a school project;
F. 
Any other activity deemed in the public interest by the city manager or his or her designee.
(Ord. 885 § 1, 1996)
Any person desiring to obtain a permit to engage in the business or activity of filming or video taping shall file a written, signed application with the city clerk on or before five p.m. on the Monday preceding the next regular city council meeting. Before a permit is considered by the city council, the city manager or his or her designee shall review the application and determine that such filming or video taping will not unreasonably interfere with the public health and safety or unreasonably endanger any property. Written authorization, as specified in this chapter, from each owner of property on which filming will occur shall be attached to the permit application.
(Ord. 885 § 1, 1996)
The permit fee shall be established by resolution of the city council. The city manager, or his or her designee, shall prepare on an annual basis, to be revised as needed, a city services fee schedule, including fees for the use of city-owned buildings and facilities, which shall set forth daily charges of all city services utilized in connection with such filming or video taping. The permit fee and minimum service fees shall be collected before the approved permit is issued. The permittee will be billed by the city for any services used over the minimum. Payment of said fees is due within ten days of billing.
(Ord. 885 § 1, 1996)
Upon review of the permit application/proposed filming agreement, the city council shall determine if special circumstances exist and may impose conditions to the issuance of the permit. Special conditions include:
A. 
Noise. Filming activities which produce unusual noise such as gunfire, pyrotechnics, explosions, sirens, public address systems, bull horns, construction or other loud noises, may be regulated to mitigate the effects of the activity. An additional permit shall be required for the use of explosives or pyrotechnics (see Section 5.57.080). An acoustical consultant may be employed at the applicant's expense to develop a mitigation plan to minimize any noise impacts upon the city.
B. 
Aircraft. Aerial filming and/or helicopter landings are not permitted without explicit written permission from the city council, in addition to any permits required from the Federal Aviation Administration. This written authorization shall be filed with the application.
C. 
Streets and Sidewalks. Filming that requires street closures, sidewalk closures, or take place in any public right-of-way, including stringing cables across public sidewalks, will require authorization from the public works director and a public works permit. The request for such authorization shall be submitted at least five days in advance of such activities taking place.
D. 
Public Safety Personnel and Services. Police and/or fire personnel requirements shall be determined by those departments. The expense for the required personnel will be collected from the permittee according to the city services fee schedule. Public safety employees shall enforce all city regulations and are employees of the city, not the permittee. Arrangements for police services for traffic control shall be made no later than five days in advance.
At the discretion of the fire chief, fire department personnel may be assigned to act as a fire safety officer. Prior to filming and during filming the fire safety officer shall be responsible for preventing and abating fire and other safety hazards on the set. Prior to filming and during any filming, the fire safety officer shall also coordinate any filming activities which include the use of pyrotechnics and/or explosives requiring a separate fire department permit.
E. 
Assigned Personnel. The permittee shall designate as a single source, one contact person to be at the premises wherever and whenever filming is taking place. The contact person shall be readily available by pager or cellular phone. At the city council's discretion, an on-site city liaison may be assigned to be present during filming. The hourly cost of said liaison will be paid for by the permittee.
(Ord. 885 § 1, 1996)
Filming activities which include the use of pyrotechnics and/or explosives require a separate permit issued by the fire department. The permit application for the use of pyrotechnics and/or explosives shall be filed with the fire marshal no less than five days prior to the date said activities are scheduled to commence.
(Ord. 885 § 1, 1996)
A parking plan for all vehicles associated with the production, including equipment vans, trailers, personal transportation for staff members, and catering trucks must be submitted with the permit application. At a minimum the parking plan shall provide for mitigation measures for all vehicles associated with the production. The plan should detail location, size of spaces, ingresses and egresses, lighting, and any and all temporary improvements necessary to implement the plan. The city council shall determine whether or not the parking plan is sufficient to mitigate parking impacts upon the city and fully accommodate all vehicles relative to the production.
(Ord. 885 § 1, 1996)
It shall be the responsibility of the permittee to provide notification a minimum of forty-eight hours in advance to the following affected persons. A diagram, map or list of residences and/or businesses notified shall be submitted and approved by the city manager or his or her designee.
A. 
If filming in a residential area, either indoors or outdoors, notification shall be given to all residents and businesses located within three hundred feet of the filming location.
B. 
If filming in a commercial area or in the downtown area referred to as Lordsburg, written notification including a parking plan shall be provided to all businesses and residents within three hundred feet.
C. 
If filming involves pyrotechnics, explosives, or large assembly, written notification requirements may be expanded to include all residents and businesses within one thousand feet of the filming location.
D. 
Notification shall also be advertised in the local newspapers.
(Ord. 885 § 1, 1996)
A. 
A complete filming schedule listing a complete detail of the hours of filming activities shall be submitted with the application.
B. 
No filming or video taping, set-up, staging, dismantling or other operations shall take place prior to seven a.m. or after seven p.m. without the express written authorization of the city council, upon recommendation of the city manager. Such authorization shall be filed with the application.
C. 
In the event that the permittee does not strictly adhere to the authorized hours of operation, the city manager or his or her designee may impose a financial penalty to be collected from the permittee's deposit, suspend or revoke the permit. The permittee may appeal such a decision utilizing the process set forth in Section 5.57.190.
(Ord. 885 § 1, 1996)
For productions that take place on property not owned or controlled by the city, permittee must obtain written permission from the property owner(s) and tenant(s) and/or enter into a lease agreement for the use of any property. Copies of such permission or agreement shall be filed with the permit application.
(Ord. 885 § 1, 1996)
The city shall have access to the premises covered by this permit for inspection purposes at any or all times during the length of the permit.
(Ord. 885 § 1, 1996)
A five thousand dollar conditionally refundable deposit shall be required to ensure clean-up, restoration of all filming locations and adherence to authorized operating hours. The permittee shall conduct operations in an orderly fashion with continuous attention to the safe storage of equipment not in use, general care of the filming site and the clean-up of debris upon completion of shooting.
(Ord. 885 § 1, 1996)
The applicant shall, at its sole expense, provide the city with evidence of insurance for general liability and workers compensation benefits for accidents or injuries which occur or are sustained in the course of carrying out this activity. The current insurance requirements shall be listed on the permit application. The certificate of insurance must name the city as additional insured. Where it is proposed that filming activities will occur in or about the facilities of the Los Angeles Flood Control District, the certificate shall also designate the district as an additional insured.
(Ord. 885 § 1, 1996)
The applicant shall agree to indemnify, defend and hold the city free and harmless from any and all liability, claims, damages or injuries to any person or property, including injury to the permittee's employees and all claims which arise from or are connected with the negligent performance of or failure to perform work or other obligations or the permitted activity, or are caused or claimed to be caused by the negligent acts of the city, its agents or employees, and all expenses of investigating and defending against the same.
(Ord. 885 § 1, 1996)
Any permit issued pursuant to the terms of this chapter shall be subject to immediate suspension if it is found necessary for the protection of the public health, safety or general welfare. In the event of such suspension, the city manager or his or her designee, shall within one working day cause to be served upon the permit holder a written statement containing the grounds for suspension. The permit holder may appeal to the city council, at a city council meeting, regarding suspension. The city manager may temporarily suspend filming when police and/or fire personnel assigned to the location are required to respond to an emergency elsewhere in the city.
(Ord. 885 § 1, 1996)
The city manager or his or her designee may revoke a film permit issued pursuant to this chapter under the following circumstances:
A. 
Where it is determined that the permittee violated or failed to comply with any of the applicable ordinances, resolutions or regulations of the city;
B. 
Where it is determined that the permittee violated or has failed to comply with any of the terms or conditions of the film permit;
C. 
Where it is determined that the film permit was granted pursuant to false or fraudulent information contained in the film permit application;
D. 
Where it is determined that the preservation of the public health, safety and general welfare require revocation of the permit.
(Ord. 885 § 1, 1996)
Upon imposition of a financial penalty, suspension or revocation of a film permit issued pursuant to this chapter, the permittee may appeal directly to the city council during the next regularly scheduled council meeting.
(Ord. 885 § 1, 1996)