Chapter 5.36
FILM PRODUCTION

Sections:

5.36.010    Purpose.

5.36.020    Definitions.

5.36.030    Permit required.

5.36.040    Permit fees.

5.36.050    Permit requirements and issuance.

5.36.060    Exemptions.

5.36.070    Suspension or revocation of permit.

5.36.080    Appeal.

5.36.010 Purpose.

The City Council declares that film production is an important economic activity, which benefits the community. Nevertheless, such activity requires regulation to ensure that impacts on property, vehicle and pedestrian traffic, circulation, the safety of bystanders and crew are protected and that the least possible amount of disruption to the community occurs. (Ord. 1644 § 3, 2003)

5.36.020 Definitions.

For purposes of his chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

A. “Charitable Films” shall mean motion pictures, television, still photography, or videotapes, produced by a nonprofit organization, which qualifies under Section 501 (c)(3) of the Internal Revenue Code as a charitable organization.

B. “Film Production” shall mean and include all activity attendant to staging or shooting motion pictures, television shows or programs, still photography, and commercials.

C. “News Media” shall mean the photographing, filming or videotaping for the purpose of spontaneous, unplanned television news broadcast or reporting for print media by reporters, photographers or cameramen.

D. “Student Filming” shall mean the photographing, filming or videotaping for educational purposes with a letter from the school verifying the student status.

E. “Studio” shall mean a fixed place of business where film production is regularly conducted upon the premises. (Ord. 1644 § 3, 2003; prior code § 6-1.402)

5.36.030 Permit required.

All film production in the city shall be subject to the requirements set forth in this chapter and the policies adopted and administered by the community development director or their designee necessary to implement this chapter. No person shall use any public or private property, facility or residence within the city of Gardena for film production without first applying for and receiving a film production permit from the city, unless exempted as provided in this chapter. (Ord. 1726 § 28 (part), 2011; Ord. 1644 § 3, 2003; prior code § 6-1.403)

5.36.040 Permit fees.

Issuance of any permit pursuant to this chapter shall be subject to the payment by the applicant of any fee(s) established by resolution of the City Council. (Ord. 1644 § 3, 2003)

5.36.050 Permit requirements and issuance.

A. The applicant for a film production permit shall complete and file a permit application, in a form provided by the City, which shall include, but not be limited to, the following:

1. Evidence of Workers’ Compensation Insurance coverage demonstrating conformance with all applicable federal and state requirements for worker’s compensation insurance for all persons operating under the permit, including any off-duty City employee e.g., off-duty police officer, who is directly employed by the film production.

2. The applicant has submitted a policy of general liability insurance of not be less than $1,000,000.00 single limit which insures the city, its officers and employees against any liability, or claims of liability, brought or made by or on behalf of any person for personal injury or property damage caused by or arising out of any negligent act or omission of either the applicant, its agents or employees, including any officers or employees of the city, or caused by or arising out of the condition of any city-owned or controlled property, whether real or personal, and occurring during the period and as a result of the activities for which the permit is to be issued; and for all vehicles operated by applicant under the permit, Business Auto Coverage under standard ISO form including symbol 1 (All Auto) auto coverage with limits of no less than $1,000,000.00 and scheduled under any umbrella policy. However, the community development director or designee shall have the authority to require higher limits if, in his or her opinion and discretion, the type of activity thus permitted is of such a nature as to warrant greater risk protection. It shall be permissible in satisfaction of the requirement imposed by this subsection that the applicant cause the issuance of a certificate of insurance, for at least the required amount of coverage, which indicates that, by endorsement thereto, City of Gardena, its officers, employees and agents have been added as additional insureds.

3. Applicant has executed an agreement to defend and to hold the City, its officers and employees harmless, from any and all claims and liability of any kind whatsoever resulting from or arising out of the issuance of a film production permit by the City.

4. Designation of City facilities or public streets applicant requests to use in the activity for which the film production permit is to be obtained. Use of such City facilities or public streets is subject to a permit fee as provided in chapter 11.08 of this Code or by resolution of the City Council.

5. Designation by applicant of any on-duty City personnel necessary and requested to assist the film production. Applicant shall deposit with the City the reasonable estimated costs for on-duty City personnel to assist in the film production, which costs shall account for the hourly rates for such employees as indicated in the salary schedule maintained by the City, employee benefits, and the City’s administrative costs in providing such personnel. Applicant shall be responsible for and pay the cost of all City personnel, whether on-duty or off-duty, used for film production during the period of this permit.

6. Payment of all permit and business license fees required by this title.

7. Proof of Filming Permit from Los Angeles County Fire Department.

8. The following information:

a. The name of the property owner, address and telephone number of the location at which the film production is to be conducted;

b. The specific location of film production within such address or place;

c. The inclusive hours and dates such activity will transpire;

d. A detailed statement of the nature of the proposed film production;

e. The name, address and telephone number of the person or persons in charge of such film production;

f. The exact number of personnel to be involved in such activity;

g. Description of any animals or pyrotechnics to be used in the activity; and

h. The exact amount and type of vehicles and equipment to be involved in the activity.

B. No permit shall be issued unless the community development director or their designee makes the following findings:

1. The film production will not unduly interfere with vehicular traffic, pedestrian movement or with the rights of nearby residents to the quiet enjoyment of their property, and will not be detrimental to the public peace, health, safety or general welfare.

2. The film production 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 significant costs or expenditures, in either money or personnel, not reimbursed by the applicant.

3. The applicant will take all proper safety precautions such that the film production will not constitute a fire hazard.

4. The film production will not require the diversion of such a large number of police officers to adequately police the activity so as to interfere with the normal level of police protection for all other areas of the City.

5. The applicant has submitted a complete application and the information contained therein is not found to be false in any material detail.

6. The film production will not violate federal, state or local law, including license and permit requirements.

C. In order to make the findings required in paragraph B of this section, reasonable conditions may be imposed on the time, place and manner of film production in the City as the City deems necessary to protect the public health, safety or general welfare of the community. Such conditions may include, but are not limited to, the following:

1. Requirements for the presence of Gardena Police Department or public works department employees, when required for the particular film production, at the applicant’s expense;

2. Posting of no parking signs and placement of other traffic control devices at the applicant’s expense;

3. Restrictions on the use of gunfire, pyrotechnics, and other noise-creating or hazardous devices;

4. Restrictions on days and hours of film production;

5. Notice of the film production to affected property owners. (Ord. 1726 § 28 (part), 2011; Ord. 1644 § 3, 2003)

5.36.060 Exemptions.

A. The following film production is exempt from this chapter:

1. News media activities.

2. Film production conducted at a licensed studio.

3. Photographing, filming or videotaping conducted solely for private, non-commercial use, provided such activity will not unduly interfere with vehicular traffic, pedestrian movement or with the rights of nearby residents to the quiet enjoyment of their property, and will not be detrimental to the public peace, health, safety or general welfare.

B. The following film production is exempt only from the permit fee requirements and shall be subject to all other provisions of this chapter:

1. Charitable films.

2. Student Filming. (Ord. 1644 § 3, 2003)

5.36.070 Suspension or revocation of permit.

The community development director or his/her designee shall have the authority, after notice and an opportunity for a hearing, to suspend or revoke any permit issued hereunder where the terms and conditions of said permit have been violated or ignored or where the public safety or welfare is endangered by the permitted activity. Provided however, that whenever there is an imminent danger to the public health, safety or welfare from activities conducted by the permittee to the extent that immediate action is necessary to protect the public, the community development director or their designee shall have the authority to immediately suspend a permit pending a hearing. (Ord. 1726 § 28 (part), 2011; Ord. 1644 § 3, 2003)

5.36.080 Appeal.

Any person aggrieved by the decision of the community development director or their designee to grant, deny, suspend or revoke a permit hereunder shall have the right to appeal that decision subject to the notice, hearing and appeal procedures set forth in chapter 1.12 of this code. (Ord. 1726 § 28 (part), 2011; Ord. 1644 § 3, 2003)