The purpose of this chapter is to provide rules and regulations
for the issuance of commercial filming and still photography permits.
The development and application of such rules and regulations are
intended to ensure that commercial filming activities are consistent
with considerations of public health, safety and the protection of
property and to facilitate filming within the City.
(§ 1, Ord. 791, eff. November 24, 2006)
For purposes of this chapter, unless otherwise apparent from
the context, certain words and phrases used in this chapter are defined
as follows:
shall mean a non-profit organization which qualifies under
Section 501(c)(3) of the Internal Revenue Code or Section 23701 of
the California Revenue and Taxation Code as a charitable organization.
No person, directly or indirectly, shall receive a profit from the
marketing and production of the film or from the showing of the film,
slides, tapes or photographs.
shall mean regularly scheduled news programs, excluding documentary
programs and special news programs which are not pre-planned and are
intended to be broadcasted within 72 hours after filming. Reporters,
photographers or camera persons engaged in the employment of newspaper,
news service, broadcasting station or similar entity engaged in the
broadcasting or reporting of current news events shall be included
in the definition of current news.
shall mean and include all activity within the City limits
attendant to staging, making, rehearsing, shooting, videotaping and
still photography for a commercially produced magazine, book, motion
picture, television show, program or commercial and any noncommercial
filming that obstructs, delays or otherwise interferes with the ordinary
use of City streets, parking facilities, sidewalks, parks and other
rights-of-way.
shall be the representative of the City designated by the
City Manager to work directly with the applicant for film permits
and to handle the processing, issuance, review and collection of all
fees for film permits.
shall mean any filming by, and for the use of, a public entity.
shall mean an applicant who has submitted a letter written
on school letterhead by a school administrator or instructor stating
that the applicant is currently enrolled in a recognized United States
educational institution and that the film is not for commercial release.
(§ 1, Ord. 791, eff. November 24, 2006)
No person shall engage in, conduct or use any public or private
property, building, street, facility or residence in the City for
filming without first obtaining a City film permit pursuant to this
chapter. Permittee shall have a copy of the current permit on the
site of the event or activity at all times. A copy of the current
permit shall be made available upon request by any official or employee
of the City.
(§ 1, Ord. 791, eff. November 24, 2006)
(a)
Applicability. Property in any zone may be used as a location
for filming, including filming of motion pictures, videotaping and
still photography, subject to the conditions of a film permit issued
by the City pursuant to this chapter.
(b)
Permit exemptions. No film permit shall be required for
the filming of current news.
(c)
General film permit conditions.
(1)
No filming, including the setup and dismantling of film activity,
shall be done before 7:00 a.m. or after 10:00 p.m. Upon good cause
shown, the Film Permit Officer may extend these hours.
(2)
No gunfire, explosions, sirens, public address system, bull horns
or other noise-creating devices shall be used, except when otherwise
approved by the Police Department, Fire Department and film permit
officer.
(3)
The film permit officer may impose permit conditions to carry out
the intent and purpose of this chapter, including, but not limited
to, parking limitations, security, traffic/crowd control measures,
insurance requirements, performance bonds, indemnify and hold harmless
agreements and other conditions for permit approval.
(4)
A notification letter to all occupants and business owners within
300 feet of a private property film location must be delivered at
least 24 hours prior to commencement of filming activity. The notification
letter must be typed on film company letterhead with the telephone
number of the company noted.
(5)
A notification letter to all occupants and business owners on streets
where pedestrian flow, vehicle traffic or parking will be affected
must be delivered at least 24 hours prior to commencement of filming
activity.
(d)
Residential filming conditions. The film permit officer
may impose special residential area filming conditions for the protection
of the public, including, but not limited to, the following:
(1)
Filming frequency at a single residential site is restricted to three
consecutive days per six month period, commencing with issuance of
the first film permit for a maximum of six days per year in a residential
area. Film companies may exceed this limit with the written approval
of all adult occupants living on the parcel adjacent to the film site
or across any street from the film site;
(2)
Generally, the City will not permit filming on Sundays or the day
of Citywide festivals and on the following holidays: New Year's Day,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas
Day;
(3)
Restricting parking to those locations shown in an approved parking
plan for all vehicles connected with the proposed filming session;
(4)
Attendance during the setup and the filming session by uniformed
police officers or firefighters, at the applicant's sole cost and
expense.
(e)
Additional conditions. The City Council may, by resolution,
adopt additional conditions and policies affecting the issuance of
a film permit.
(§ 1, Ord. 791, eff. November 24, 2006)
(a)
Application. Any person or entity desiring a film permit
shall file for a "film permit" with the Film Permit Officer on the
City application form which satisfies all of the requirements set
forth herein and such additional requirements which the City Council
may, by resolution, adopt, at least 10 days prior to the contemplated
filming. The Film Permit Officer shall review the application and
may request additional information, verification of owner/neighbor/occupant
approvals or of other facts or may require proof of adequate insurance
if any City street or other City property is involved or impacted.
The Film Permit Officer may issue the permit if he or she determines
the location will not unreasonably impact traffic and it complies
with all City standards. The Film Permit Officer may impose such limitations
or conditions on the permit as he or she deems necessary to ensure
the public safety and welfare.
(b)
Processing fee. Prior to processing an application, the
City's processing fee for film permit applications shall be paid by
the applicant in an amount set by resolution of the City Council.
The processing fee shall be nonrefundable.
(c)
Permit fee. Prior to issuance of a film permit by the Film
Permit Officer, the applicant shall pay the applicable film permit
fee in an amount set by resolution of the City Council.
(d)
City services. In the event that any applicant requires
direct services from the City, as determined by the Film Permit Officer
during location-filming activities, including, but not limited to,
the use of City property, equipment or personnel, the applicant shall
pay all applicable facility use fees and reimburse the City for the
cost of any such services provided.
(e)
Deposits. Refundable deposits may be collected from the
applicant to ensure compliance with film permit conditions.
(f)
Film permit fee exceptions. No film permit fee, as described in Section 3-8.05(c) shall be required for the following:
(1)
Governmental filming;
(2)
Filming by a charitable institution or an individual when such activities
are not for profit and for his or her personal use or entertainment;
(3)
Filming for use in current news gathering, investigative reporting;
(4)
Public access exhibitions not for profit; and
(5)
Filming by a student in that capacity.
(§ 1, Ord. 791, eff. November 24, 2006)
(b)
The
film permit officer or designee shall have the authority to issue
a written stop notice if there is any violation of the film permit
conditions. Filming and all other associated activities shall cease
until the violation has been corrected and the stop notice is released,
in writing, by the film permit officer or designee.
(c)
Any
person, firm, company or corporation who is convicted of violating
the provisions of this chapter may be prohibited from obtaining a
film permit for a period of one year from the date of the conviction.
(§ 1, Ord. 791, eff. November 24, 2006)
