Chapter 9.50
FILMING POLICY

Sections:

9.50.010    Title.

9.50.020    Definitions.

9.50.030    Permits and exemptions.

9.50.040    Rules and regulations.

9.50.050    Applicants and issuance.

9.50.060    Permit fees.

9.50.070    Liability provisions.

9.50.080    Violation.

9.50.010 Title.

This chapter shall be known as, and may be cited as, the “Palmdale film ordinance.” (Ord. 1295 § 1, 2007)

9.50.020 Definitions.

(A) “Charitable films” shall mean motion picture, television or still photography produced by a nonprofit organization, which qualifies under Section 501(c)(3) of the Internal Revenue Code as a charitable organization. No person, directly or indirectly, shall receive a profit from the marketing and production of the film or from showing the films, tapes, or photos.

(B) “City” shall mean the City of Palmdale.

(C) “City-produced public access films” shall mean motion picture, television or still photography produced by or in association with the City of Palmdale. No person, directly or indirectly, shall receive a profit from the marketing and production of the film or from showing the films, tapes, or photos.

(D) “Family video” shall mean the filming or videotaping of motion pictures or taking of still photographs solely for private and/or family use.

(E) “Film Liaison” shall mean a City official designated by the City Manager to promote photography and film production within the City of Palmdale and to administer the provisions of this chapter.

(F) “Motion picture, television, still photography” shall mean and include all activity attendant to staging or shooting commercial motion pictures, television shows or programs, and commercials and to the taking of single or multiple photographs for sale or commercial use.

(G) “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, stringers or camera operators.

(H) “Student films” shall mean motion picture, television or still photography produced to satisfy a course or curriculum requirement at an educational institution. The student filmmaker must supply proof that he/she is currently enrolled at an educational institution.

(I) “Studio” shall mean legally established, commercial, motion picture/television/still photography places of business where filming activities (motion or still photography) are regularly conducted inside the premises. (Ord. 1295 § 1, 2007)

9.50.030 Permits and exemptions.

(A) Permit Required. No person shall use any public or private property, public right-of-way, facility or residence for the purpose of taking motion pictures or television pictures or still photography without first applying for and receiving a permit issued pursuant to the provisions of this chapter.

(B) Exemptions. The provisions of this chapter shall not apply to:

(1) News media.

(2) City-produced public access films.

(3) Family video.

(4) Studio Filming. Filming activities (motion or still photography) conducted in a studio. (Ord. 1295 § 1, 2007)

9.50.040 Rules and regulations.

The Film Liaison is hereby authorized and directed to promulgate rules and regulations governing the form, time and location of any film activity set forth within the City. He/she shall also set forth the procedures for the issuance of permits. The rules, regulations, and procedures shall be based upon the following criteria:

(A) The health and safety of all persons;

(B) Avoidance of undue disruption of all persons within the affected area;

(C) The safety of property within the City; and

(D) Traffic congestion at particular locations within the City. (Ord. 1295 § 1, 2007)

9.50.050 Applicants and issuance.

(A) Any person desiring a permit under the provisions of this chapter shall make application on the appropriate form provided by the Film Liaison. The form must be signed and, except where otherwise provided, accompanied by all required fees, deposits, forms and insurance certificates required by this chapter before it will be processed.

(B) Issuing Authority. The Film Liaison shall be responsible for issuing permits under this chapter.

(C) Issuance. The Film Liaison shall issue, conditionally issue, or not issue a permit as provided for in this chapter after consideration of the application and such other information as may be otherwise obtained. The decision of issuance will be final unless appealed in writing within five working days of the decision by requesting a hearing of the City Manager and/or the City Manager’s designated appeal officer. The appeal shall be heard within five working days of receipt of the applicant’s written appeal.

(D) Upon the request of the applicant, the Film Liaison shall have the authority, upon a showing of good cause, to change the date for which the permit has been issued, provided established limitations are complied with in respect to time and location. (Ord. 1295 § 1, 2007)

9.50.060 Permit fees.

(A) Each application shall be accompanied by a processing fee in an amount to be established by resolution of the City Council to reimburse the City for staff time required to evaluate the application and establish conditions of approval and to monitor the activity. The processing fee shall not apply to or affect:

(1) Charitable films; and

(2) Student films.

(B) Each application shall be accompanied by a daily property use fee in an amount established by resolution of the City Council 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 not apply to or affect:

(1) Charitable films;

(2) Student films; and

(3) Productions conducted wholly on private property, or the property under the jurisdiction of another agency, where no vehicles or equipment are parked or stored on City property or rights-of-way, where no traffic control measures are required and where the production activity will not in any respect interfere with the use and enjoyment of City property, public streets and neighboring property.

(C) Reimbursement for Personnel. The permittee shall reimburse the City for any personnel required for the purpose of assisting the motion picture, television or still photography production. (Ord. 1295 § 1, 2007)

9.50.070 Liability provisions.

(A) Liability Insurance. Before a permit is issued, a certificate of insurance evidencing general liability insurance, in an amount not less than $1,000,000, will be required naming the City of Palmdale, including its agencies, officers, employees and agents, as an additional insured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage and to indemnify the City for damage to City property arising out of the permittees’ or their agents’, employees’ or contractors’ activities. The certificate of insurance shall not be subject to cancellation or modification until after 30 days’ written notice to the City.

(B) Vehicle Insurance. For all applicant’s vehicles that are operated in the public right-of-way under the permit, a certificate of insurance will be required for auto coverage with limits of no less than $1,000,000 and scheduled under any umbrella policy. At the request of the applicant, the City Attorney may waive the requirement to obtain insurance, and provide proof thereof, as to one, some or all of the vehicles operated under the permit. Certificates of insurance evidencing vehicle insurance are not required to be submitted with the initial permit application as provided for in PMC 9.50.050. However, a film permit shall not be valid until proof of insurance for all vehicles required to have insurance under this subsection is provided to the Film Liaison.

(C) Worker’s Compensation Insurance. An applicant shall conform to all applicable federal and state requirements for worker’s compensation insurance for all persons operating under a permit.

(D) Additional Insurance. The City Attorney shall have the authority to require higher insurance limits or additional insurance if, in his or her opinion and discretion, the type of activity permitted is of such a nature as to warrant greater risk protection. Certificates of insurance evidencing additional insurance are not required to be submitted with the initial permit application as provided for in PMC 9.50.050. However, a film permit may be conditionally issued upon obtaining insurance, and providing proof thereof, as provided for in this subsection.

(E) Hold Harmless Agreement. An applicant shall execute an agreement to indemnify, defend and hold harmless the City and its agencies, officers, employees and agents, from any and all claims and liability of any kind whatsoever resulting from or arising out of the issuance of a film permit by the City.

(F) Security Deposit. To ensure cleanup and restoration of the site, an applicant may be required to post a security deposit in the form of a refundable security deposit or faithful performance bond (amount to be determined). Upon completion of filming and inspection of the site by the City, the security deposit or faithful performance bond may be returned to the applicant. The security deposit is not required to be submitted with the initial permit application as provided for in PMC 9.50.050. However, a film permit may be conditionally issued upon posting a security deposit as provided for in this subsection. (Ord. 1295 § 1, 2007)

9.50.080 Violation.

(A) Suspension or Revocation of Permit. The Film Liaison 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, as determined by the authority having jurisdiction, the Film Liaison shall have the authority to immediately suspend a permit pending a hearing.

(B) Violation of the terms of this chapter, or any permit issued thereto, shall constitute a misdemeanor and subject the offender to the penalties set forth in Chapter 1.12 PMC. (Ord. 1295 § 1, 2007)