Chapter 5.20
MOTION PICTURE FILMING PERMIT
Sections:
5.20.010 Definitions.
5.20.020 Purpose.
5.20.030 Scope – Exceptions.
5.20.040 Application – Procedure.
5.20.050 Application – Requirements.
5.20.060 Movie filming permit requirements.
5.20.070 Interagency notification.
5.20.080 Permits at Farnham Martin Park.
5.20.010 Definitions.
As used in this chapter:
A. "Charitable films" means all commercials, motion pictures, television, video tapes or still photographs 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. "Motion picture, television, photography" means and includes all activity attendant to staging or shooting commercial motion pictures, television shows or programs, and commercials.
C. "News media" means the filming or video taping for the purpose of spontaneous, unplanned news events for the purpose of television news broadcasts by reporters, photographers or cameramen. (Ord. 476 § 1 (part), 1988)
5.20.020 Purpose.
The purpose of this chapter is to regulate the filming of motion pictures within the city to minimize disruptions and health and safety risks to the citizens of the city caused by the presence of the equipment and personnel used to film motion pictures on city property, including city streets. This chapter is also designed to encourage the filming of motion pictures within the city’s boundaries while at the same time seeing to it that the costs associated with the same are paid for by the filming party and not by the citizens of the city. (Ord. 476 § 1 (part), 1988)
5.20.030 Scope – Exceptions.
A. Permit Required for Motion Picture Filming. No person shall use any public or private property, facility or residence for the purpose of taking commercial motion pictures or television pictures without first applying for and receiving a permit from the city manager.
B. Permit Required for Still Photography on Public Property. No person shall use any public property or facility for the purpose of taking commercial still photographs without first applying for and receiving a permit from the city manager. In issuing such a permit, the city manager may impose all or some of the requirements set forth in Section 5.20.060 as conditions of approval of the permit if, in his or her discretion, such requirements are necessary to prevent the proposed commercial still photography from creating adverse impacts on the public property or facility at which it is to occur, or on surrounding public or private properties. For purposes of this section, "commercial still photograph" shall not include any photograph which meets all of the following criteria: (i) it is taken at the request of an individual or individuals; (ii) it is intended to become the property of the individual(s) requesting the photograph; (iii) the subject of the photograph is the individual(s) and/or his or her family members or friends; and (iv) it is not used or intended to be used as part of any advertising medium.
C. Exemptions.
1. Current News. The provisions of this chapter shall not apply to or affect reporters, photographers or cameramen in the employ of a newspaper, news service or similar entity engaged in on-the-spot broadcasting of news events concerning those person, scenes or occurrences which are in the news and of general public interest.
2. Personal Family Use. The provisions of this chapter shall not apply to the filming or video taping of motion pictures solely for personal family use.
3. Still Photography on Private Property. The provisions of this chapter shall not apply to commercial still photography conducted on private property provided any and all applicable business licenses have been applied for and granted. (Ord. 621 § 13, 1999; Ord. 476 § 1 (part), 1988)
5.20.040 Application – Procedure.
All applications for a motion picture filming permit shall be reviewed by the city manager who shall either approve or deny each such complete application. In the case of an application which the city manager is uncertain meets or fails to meet the permit requirements, the city manager may refer the application evaluation to the city council. The council shall make the final determination as to the issuance of any such permit. Should any other permit also be required, the city council may consider the issuance of the subject permits together. (Ord. 476 § 1 (part), 1988)
5.20.050 Application – Requirements.
Each application for a motion picture filming permit shall include a schedule of the proposed filming including:
A. The filming dates including estimates and projections as to the possibility of delays and postponements;
B. The hours of filming, which must be consistent with the permit requirements listed below; and
C. The locations of the proposed filming described by street addresses. (Ord. 476 § 1 (part), 1988)
5.20.060 Movie filming permit requirements.
The city manager or city council shall not grant a permit for the filming of a motion picture unless they find the permit application clearly indicates:
A. Filming Frequency and Hours. Except as otherwise permitted by this subsection, no more than one permit for filming at any private residence shall be issued in any calendar year. Filming allowed under such permit shall be conducted only during the hours of eight a.m. to seven p.m., and all days of filming under the permit shall be consecutive; provided, however, that no filming shall be permitted on Sundays or any holiday established by the California Government Code. With the unanimous written consent of all landowners or tenants in possession of occupied property within three hundred feet of the lot boundaries of the residence at which filming is to occur, additional filming permit(s) may be issued during any calendar year, and/or filming may be permitted during hours or on days not otherwise permitted by this subsection. In no event, however, shall more than eight days of actual filming be permitted at any private residence in any calendar year. For purposes of this restriction, set-up and clean-up (or strike-down) days shall not be counted as days of actual filming.
B. General Fee. The permit shall contain a contractual provision between the city and the permit applicant in which the permit applicant shall contract to pay a nonrefundable permit fee to the city. The amount of the general fee and fees provided for in subsections C, D and E of this section shall be designated by resolution and subject to adjustment by subsequent resolution.
C. Daily Use Fee. The permit shall contain a contractual provision between the city and the permit applicant in which the permit applicant covenants to pay a commercial zone daily use fee for each day that filming takes place in commercial zones within the city and/or a residential zone daily use fee for each day filming takes place in residential zones.
D. Coastal Zone Fee. The permit shall contain a contractual provision between the city and the permit applicant in which the permit applicant covenants to pay a coastal zone fee for each day that filming occurs in coastal zones.
E. Parklands Fee. The permit shall contain a contractual provision between the city and the permit applicant in which the permit applicant covenants to pay a parkland fee per day for each day that filming occurs on city parklands. The parklands daily use fee and the coastal zone daily use fee are not mutually exclusive, and if both apply, then both are applicable. No permit will be granted unless it is clear that no damage will be done to the parklands.
F. Police Supervision. The permit shall provide that the city’s police department may supervise the motion picture filming by assigning off-duty officers or reserve officers in a reasonable number deemed appropriate by the chief of police to be present at all times during motion picture filming.
1. Each permit shall include a contractual provision between the permit applicant and the city’s police department in which the permit applicant covenants to pay any off-duty police officer assigned by the city’s police department to supervise motion picture filming at a rate of time and a half of the officer’s regular hourly wage. Any reserve officer assigned by the city’s police department to supervise motion picture filming shall be paid at a rate equal to that reserve officer’s regular hourly wage.
2. The permit applicant shall pay an administrative surcharge to the city’s police department for scheduling the supervising officers in an amount equal to fifty percent of gross wages paid to any off-duty officer plus twenty percent of gross wages paid to any reserve officer pursuant to this section.
G. Disruption Clause. Each permit shall contain a contractual provision between the permit applicant and the city in which the permit applicant covenants to halt or interrupt filming upon instruction from a uniformed officer of the city’s police department. The city covenants not to instruct that such a halt or interruption take place unless in its discretion it perceives that the filming shall cause or coincide with interference with traffic movement, disturbance of the peace, destruction of property, violation of the law, or a threat to the public peace, health or safety. Each permit further shall include a contractual provision wherein applicant covenants to defend, indemnify and hold harmless from any and all damages which may result from the city’s police department representative exercising the city’s right under this provision of the permit.
H. Liability Insurance. A certificate of insurance will be required in an amount not less than one million dollars naming the city as a coinsured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage before a permit is issued. The city officers and employees shall be named as additional insureds. The certificate shall not be subject to cancellation or modification until after thirty days’ written notice to the city. A copy of the certificate will remain on file.
I. Workers’ Compensation Insurance. An applicant shall conform to all applicable federal and state requirements for workers’ compensation insurance for all persons operating under a permit.
J. Hold Harmless Agreement. An applicant shall execute a hold harmless agreement as provided by the city prior to the issuance of a permit under this chapter.
The fees set out in this section are collected for purposes of paying for resident notification, traffic control, police services over and above those explicitly provided for herein, public works, detour placement and necessary environmental protection safeguards. (Ord. 656 § 1, 2004; Ord. 579 § 1, 1994; Ord. 523 § 1, 1991; Ord. 476 § 1 (part), 1988)
5.20.070 Interagency notification.
The city manager shall notify the city’s police department at least two days before filming is to commence so that the police supervision as provided for in Section 5.20.060(F) may be available to oversee the movie filming. (Ord. 476 § 1 (part), 1988)
5.20.080 Permits at Farnham Martin Park.
Farnham Martin Park is recognized by the city as having unique characteristics, based upon its immediate contiguity to residential property on one side, and its use as the entrance way to the Malaga Cove Library located on the other side. Commercial use of Farnham Martin Park for motion picture filming or still photography would, therefore, create significant adverse impacts to both private property and the public in general if permitted to occur without control.
Notwithstanding any provision of this chapter to the contrary, in no event shall any permit for commercial still photography required by subsection B of Section 5.20.030 and/or for motion picture filming be issued to permit such use of Farnham Martin Park at any time that the Malaga Cove Library is open. (Ord. 621 § 14, 1999)