Chapter 5.46
REGULATION OF COMMERCIAL FILM PRODUCTION

Sections:

5.46.001    Purpose and Intent.

5.46.005    Definitions.

5.46.010    Permit Required.

5.46.020    Exceptions.

5.46.030    Application for Permit.

5.46.040    Issuance of Permit.

5.46.045    Conditions of Approval.

5.46.050    Notice of Approval or Disapproval.

5.46.060    Appeal or Call for Review.

5.46.070    Cost of Additional City Services.

5.46.080    Bond and Insurance.

5.46.001 Purpose and Intent.

The City Council of the City of Newport Beach finds and declares that commercial film production in the City and surrounding region provides unique and significant contributions to the economy in the areas of hotels, restaurants, catered food, leases of equipment and property, transportation and wages and salaries. The purpose and intent of this chapter is to create an environment conducive to the production of commercial film and ensure the public health, safety and welfare through the regulation of commercial film production so as to:

A.    Provide for pedestrian and driving safety and convenience;

B.    Prevent unreasonable interference with the flow of pedestrian or vehicle traffic, including ingress to or egress from any residence or place of business, or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles;

C.    Maintain and protect the value of surrounding properties;

D.    Reduce exposure of the City to personal injury and/or property damage, claims and litigation;

E.    Protect the public’s right to collect, gather and distribute information;

F.    Streamline the film permit process and facilitate issuance of a permit for commercial film production; and

G.    Ensure the public health, safety and welfare. (Ord. 2009-19 § 1 (part), 2009)

5.46.005 Definitions.

For the purposes of this chapter certain words are defined as follows.

A.    “Film Liaison” means an individual employed by or retained by the City of Newport Beach whose primary responsibility is to oversee, coordinate and/or manage the permit process required by this chapter and the activities allowed by permits granted under this chapter.

B.    “Journalistic activity” means the staging, shooting, making, capturing, taking or recording of images for noncommercial First Amendment protected purposes such as activities conducted by a newspaper reporter in the scope of their employment.

C.    “Student film” means the staging, shooting, making, capturing, taking or recording of images for purposes resulting from enrollment in or in connection with high school, junior college, college, university, specialty education institution such as trade schools, film schools or art schools or any other educational program. (Ord. 2009-19 § 1 (part), 2009)

5.46.010 Permit Required.

No person shall use any property zoned or utilized for a residential use, public property or public facility for the purpose of staging, shooting, making, capturing, taking or recording of images for any commercial or business purpose without first applying for and receiving a permit from the City Manager or Film Liaison. (Ord. 2009-19 § 1 (part), 2009: Ord. 88-5 § 1, 1988: Ord. 1262 § 1 (part), 1968)

5.46.020 Exceptions.

The provisions of this chapter shall not apply to amateur photographers or any person involved in journalistic activities. (Ord. 2009-19 § 1 (part), 2009: Ord. 1262 § 1 (part), 1968)

5.46.030 Application for Permit.

A.    Application Filing Deadline. Any person desiring to use any residentially zoned property, public property or facility for the purpose of staging, shooting, making, capturing, taking or recording of images for any commercial or business purpose shall, not less than fourteen (14) days before the date on which such person desires to conduct such activity, file an application for a permit with the City Manager or the Film Liaison, on a form furnished by the City. The City Manager or the Film Liaison may in his/her discretion waive the requirement that applications be filed fourteen (14) days prior to the date on which the activity is to be conducted.

B.    Application Contents. The application shall be verified and shall contain any information or documents requested by the City Manager or Film Liaison as well as the following information:

1.    The name, address and telephone number of the person wishing to conduct such activity.

2.    The name, address and telephone number of the person who will be in charge of the activity and be responsible for its conduct.

3.    The date or dates and hours when such activity is to be conducted.

4.    The approximate time when such activity will begin and end.

5.    The location or locations within the City where such activity will take place.

6.    The approximate number of persons who will engage in such activity.

7.    A list of major equipment to be used, including but not limited to trucks, buses, limousines and cameras.

8.    A general statement of the character or nature of the proposed activity.

C.    Application and Permit Fees. Each application, except applications for a student film, shall be accompanied by an application fee as established by resolution of the City Council. Applicants shall be required to file an application for each separate filming activity. If said permit is approved, it shall not be necessary for the permittee to obtain a City business license to carry on the activities authorized by said permit, unless such permittee maintains a permanent place of business within the City. The permittee, except those producing student films, shall pay to the City a permit fee as established by resolution of the City Council for each day or portion of a day during which such activities are conducted. (Ord. 2009-19 § 1 (part), 2009: Ord. 1738 § 12, 1977: Ord. 1678 § 1, 1976: Ord. 1277 § 1, 1968: Ord. 1262 § 1 (part), 1968)

5.46.040 Issuance of Permit.

The City Manager or the Film Liaison shall issue a permit, with appropriate conditions, as provided for herein when, from a consideration of the application and from such other information as may otherwise be obtained, he/she finds based on all of the relevant information that:

A.    The conduct of such activity will not unduly interfere with traffic or pedestrian movement, or tend to interfere with or endanger the public peace or rights of nearby residents to the quiet, peaceable and unmolested enjoyment of their property, or otherwise be detrimental to the public peace, health, safety or general welfare.

B.    The conduct of such activity 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 costs or expenditures in either money or personnel not reimbursed in advance by the applicant.

C.    The conduct of such activity will not constitute a fire hazard, and all proper safety precautions will be taken.

D.    The conduct of such activity will not require the diversion of so great number of police officers of the City to properly police the area of such activity as to interfere with normal police protection for other areas of the City. (Ord. 2009-19 § 1 (part), 2009: Ord. 1262 § 1 (part), 1968)

5.46.045 Conditions of Approval.

The City Manager or the Film Liaison shall have the authority to impose any special permit conditions determined to be necessary to protect the public health, safety and welfare. If approved, the permit shall contain the following standard conditions:

A.    The permittee shall defend, indemnify, release and hold harmless the City, its City Council, boards, commissions, officers and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the permitted activities. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys’ fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee, City, and/or the parties initiating or bringing such proceeding.

B.    The permittee shall at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted.

C.    The permit shall not be transferred to any other person or entity.

D.    The permittee shall place on deposit with the City the estimated costs to be incurred by the City related to the activities conducted under the permit and the permittee shall reimburse the City for any additional costs incurred by the City within ten (10) days of receiving notice from the City of any additional costs. (Ord. 2009-19 § 1 (part), 2009)

5.46.050 Notice of Approval or Disapproval.

The City Manager or the Film Liaison shall act upon the application within ten (10) days after the filing thereof and shall at such time mail to the applicant a notice of his action. If the application is disapproved, said notice shall state the reasons for such disapproval. (Ord. 2009-19 § 1 (part), 2009: Ord. 1262 § 1 (part), 1968)

5.46.060 Appeal or Call for Review.

A.    Decision of Film Liaison. Any person aggrieved by the decision of the Film Liaison shall have the right to appeal the approval or disapproval of the application to the City Manager within five calendar days after notice of the decision of the Film Liaison is mailed. The City Manager shall review the application de novo and shall render a decision within fourteen (14) days.

B.    Decision of City Manager. Any person aggrieved by the City Manager’s decision shall have the right to appeal the approval or disapproval of the application to the City Council within five calendar days after notice of the decision is mailed. The City Council shall review the application de novo and act upon the appeal within sixty (60) days after the filing thereof.

C.    Call for Review. A member of the City Council, in their official capacity, may call for review any action of the Film Liaison or City Manager under this chapter for the purpose of bringing the matter in front of the entire body for review. A call for review shall be filed with the City Clerk, on a form provided by the Clerk, within five calendar days after notice of the decision is mailed. The City Council shall review the application de novo and act upon the call for review within sixty (60) days after the filing thereof. (Ord. 2015-9 § 7, 2015: Ord. 2009-19 § 1 (part), 2009: Ord. 1262 § 1 (part), 1968)

5.46.070 Cost of Additional City Services.

A.    The fully loaded hourly cost of City staff and/or Film Liaison time used to review and/or process an application for a permit, shall be charged to the permittee.

B.    If deemed necessary by the City Manager or the Film Liaison, additional police, fire and other City services shall be provided for the purpose of protecting, assisting and regulating the proposed activity. The cost of providing such additional services shall be paid to the City by the applicant. (Ord. 2009-19 § 1 (part), 2009: Ord. 1262 § 1 (part), 1968)

5.46.080 Bond and Insurance.

The City Manager or the Film Liaison may require, as a condition of issuing such a permit, that the applicant furnish a bond, insurance or both to protect the City against claims of third persons for personal injury, wrongful death and property damage and to indemnify the City for damage to City property arising out of the permittee’s activities. (Ord. 2009-19 § 1 (part), 2009: Ord. 1262 § 1 (part), 1968)