The City Council finds that the uncontrolled use of public property and facilities for commercial filming can adversely affect the public health, safety and welfare through obstructing or interfering with the normal use of public streets, parks, buildings and other public facilities, that it can adversely affect the economic well-being of the business community by obstructing free access to business establishments within the City and by reflecting adversely on Carmel-by-the-Sea's established public image. Therefore, the City Council determines that it is unlawful for any person, on any public property within the City, to film or videotape or otherwise record any scenes or actions or to use or obstruct any public property while filming on private property without a written permit from the City.
(Ord. 88-2 § 3 (Exh. C), 1988; Ord. 89-5 § 1, 1989)
CMC § 5.28.010 shall not apply to amateurs making noncommercial films and assisted by no more than one other person, nor shall this section apply to the filming of news events by accredited representatives of news agencies.
(Ord. 88-2 § 3 (Exh. C), 1988; Ord. 89-5 § 1, 1989)
A. 
Any person wishing to film or videotape scenes or actions requiring a permit under CMC § 5.28.010 shall submit, in writing, not less than 14 working days prior to filming, a request for a permit to the Community Activities Department, which shall be accompanied by an application fee. Upon approval of application, the balance of all fees due, including the refundable deposit, shall be paid to the City. Additional costs are identified in CMC § 5.28.040. In the event filming is cancelled, the City shall retain the permit application fee to compensate the City for administrative costs in processing the application. The permit application fee and deposit shall be reviewed annually and calculated to recover the percentage of costs reasonable borne by the City in providing this service. City Council shall adopt, by resolution, the annual amount of a deposit and permit application fee for filming permits.
B. 
The request for a filming permit shall include the following information:
1. 
Name of person, firm, or corporation employing the persons who will be performing the filming;
2. 
Name of the person who will be responsible for the filming crew on location in this City;
3. 
The title and general outline of the film and its subject matter;
4. 
The specific location of each scene to be shot involving City property, including the date and time of anticipated arrival and departure;
5. 
The extent to which permission is desired for the obstruction of or interference with normal use of the public property to be used;
6. 
The number of vehicle parking spaces which would be occupied beyond the normal time limits, their locations and the anticipated hours of required use.
C. 
Upon receipt of an application for a filming permit, the Community Activities Department shall inform the applicant it is mandatory that s/he, or some informed member of the company applying for the license, personally appear before the Chief of Police or his/her designee to present the application. The Chief of Police or his/her designee may:
1. 
Recommend to the Community Activities Department issuance of the permit, which shall specify the times and any locations of use of any City property, any special conditions or restrictions, and any additional fees which may be required to compensate the City for the use of City property. The Chief of Police, in recommending issuance of any permit, shall find that the granting of such a permit will not adversely affect the public health, safety or welfare, nor the economic welfare of the community. Note: A major production shall also require the approval of the City Council before a permit is issued.
2. 
Recommend that the Community Activities Department deny the application on the basis that granting it would be prejudicial to the public health, safety or welfare, or that it would adversely affect the economic welfare of the business community, or inconvenience residents or businesses, or interfere with or endanger the public peace or rights of residents to the quiet, peaceful, and unmolested enjoyment of their property.
D. 
Any decision made or conditions applied by the Chief of Police may be appealed to the City Council by filing with the City Clerk, in writing, a request for appeal and a statement of the reasons therefor. Any appeal must be filed within 24 hours of serving of notice to the applicant of the decision of the Chief of Police.
E. 
The filing of an appeal shall suspend any action taken by the Chief of Police until acted upon by the City Council. Any decision of the City Council shall be final and not subject to further appeal.
F. 
Upon final issuance of a permit by the Community Activities Department or by the City Council, the Community Activities Department shall immediately provide a copy of the permit to the applicant, the Police Department, the City Administrator, City Council, City Department Directors and the City Clerk. Any permit granted shall be effective only upon collection of any required fees from the applicant.
(Ord. 88-2 § 3 (Exh. C), 1988; Ord. 89-5 § 1, 1989; Ord. 2017-02 § 2 (Exh. A), 2017)
The City shall be compensated for the use of any municipal property or facilities to the extent that such use constitutes a cost to the public. The City shall also be compensated for the time of any City personnel expended for or because of such use for filming or for any projected revenue loss.
(Ord. 88-2 § 3 (Exh. C), 1988; Ord. 89-5 § 1, 1989)
The Chief of Police, or his/her designee, shall be responsible for insuring that the terms of any filming permit are not exceeded by the applicant. The Community Activities Department shall be responsible for the issuance of the permit and the collection of any fees or compensation.
(Ord. 88-2 § 3 (Exh. C), 1988; Ord. 89-5 § 1, 1989; Ord. 2017-02 § 2 (Exh. A), 2017)