Agoura Hills Municipal Code Ch. 6 Motion Picture, Television, Commercial, Digital Media, and Still…

Footnotes:

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Editor's note— Ord. No. 17-428, § 2, adopted August 9, 2017, amended chapter 6 in its entirety to read as herein set out. Former chapter 6, §§ 6600—6611, pertained to motion picture and television productions, and derived from Ord. No. 72, 12-19-84.

This chapter shall be known as the Motion Picture, Television, Commercial, Digital Media, and Still Photography Production Ordinance of the City of Agoura Hills ("City").

(Ord. No. 17-428, § 2, 8-9-2017)

For purposes of this chapter, the following definitions shall apply:

(a) City-produced projects means a motion picture, television, commercial, digital media or still photography production produced by or in association with the city.

(b) Filming permit means a permit issued by the city manager or his or her designee pursuant to this chapter that authorizes motion picture, television, commercial digital media, or still photography production or film production within the city in accordance with the terms of the permit and this chapter.

(c) Motion picture, television, commercial, digital media or still photography production or film production means all activity attendant to staging, making, filming, or videotaping commercial motion pictures, television shows, commercials, digital media and/or still photography, except it does not include the taking of a single or multiple photographs for sale or use for a commercial purpose where the photographer sets up stationary equipment on public or private property or the public right-of-way in any one (1) location for less than five (5) consecutive minutes.

(d) Private filming means photographing, filming or videotaping solely for non-commercial use.

(e) News media filming means photographing, filming or videotaping of current breaking news, which includes reporters, photographers or cameramen in the employment of a newspaper, news service, broadcasting station or similar entity engaged in the broadcasting of news events.

(f) Student filming means photographing, filming or videotaping produced to satisfy a course or curriculum requirement at an educational institution. In order to qualify as student filming, the student filmmaker must supply evidence he or she is currently enrolled in an educational institution upon request by a city employee or official.

(Ord. No. 17-428, § 2, 8-9-2017)

No person shall use any public right-of-way, or public or private property, building, facility or residence for motion picture, television, commercial, digital media or still photography production without a permit issued pursuant to the provisions of this chapter.

(Ord. No. 17-428, § 2, 8-9-2017)

The provisions of this chapter shall not apply to the following:

(a) News media filming;

(b) City-produced projects, provided that any person working in conjunction with the city on a city-produced project must obtain a letter identifying that it is a city-produced project;

(c) Private filming;

(d) Student filming; and

(e) Productions which are conducted by a cable television company operating under a franchise granted by the city and which involve fewer than two (2) motor vehicles.

(Ord. No. 17-428, § 2, 8-9-2017)

Any person desiring a permit under the provisions of this chapter must complete and submit to the city manager or his or her designee a filming permit application. Such application shall be submitted at least three (3) working days prior to the date on which film production is scheduled to begin. If film production will interfere with traffic or involves potential public safety hazards, an application must be submitted two (2) weeks in advance. If applicable, written evidence of permits and/or coordination with other public agencies shall be submitted with an application for a filming permit. Examples of such agencies include, but are not limited to, the California Highway Patrol, Los Angeles Sheriff's Department, and the Los Angele County Fire Department.

(Ord. No. 17-428, § 2, 8-9-2017)

Each filming permit application shall be accompanied by the following:

(a) A filming permit fee determined by a fee schedule to be established by resolution of the city council.

(b) If applicable, a park fee determined by a fee schedule to be established by resolution of the city council.

In the event that a film production is cancelled after a filming permit is issued, but before the film production is scheduled to begin, then the city may charge a cancellation fee determined by a fee schedule to be established by resolution of the city council.

(Ord. No. 17-428, § 2, 8-9-2017)

The city manager or his or her designee shall issue a filming permit when, after considering the application and such other information as may be otherwise obtained, the city manager finds that:

(a) The conduct of such activity will not unduly interfere with traffic or pedestrian movement or endanger public safety and that no residential streets will be completely closed to traffic.

(b) The conduct of such activity will not unduly interfere with normal governmental or city operations, threaten to result in damage or detriment to private or 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 or any other type of hazard and all proper safety precautions will be taken.

The decision of the city manager to issue, conditionally issue, or not issue a permit shall be final unless appealed in writing within five (5) working days of the decision by requesting a hearing of the city council at the next available meeting.

(Ord. No. 17-428, § 2, 8-9-2017)

(a) Film production may occur between the hours of 7:00 a.m. and 9:00 p.m., Monday through Saturday. Film production may not occur on Sunday.

(b) Conditions of approval included in permits issued by other public agencies with jurisdiction over the film production shall be incorporated into the filming permit.

(c) The city manager or his or her designee may impose any conditions found necessary to protect the public health, safety, and welfare.

(d) The applicant shall comply with any conditions or restrictions the city may impose as a condition to issuing a filming permit. No changes shall be made to conditions without first obtaining the city's approval.

(Ord. No. 17-428, § 2, 8-9-2017)

If deemed necessary by the city manager or his or her designee, additional sheriff, fire, and other city services shall be provided for the purpose of protecting, assisting and regulating the film production. The cost of providing such additional services shall be paid to the city by the applicant. Any additional city services will be provided and coordinated through the city manager or his or her designee.

(Ord. No. 17-428, § 2, 8-9-2017)

(a) General liability insurance. The city shall require, as a condition of issuing a filming permit, that the applicant furnish insurance from an omitted California carrier with an "A+" rating in an amount no less than one million dollars ($1,000,000.00) to protect the city against claims of third persons for personal injury, wrongful death and property damage and agree to indemnify the city for damage to city property or any claims against the city arising out of the permittees' activities. A copy of the policy will remain on file with the application. The city and its officers and employees shall be named as additional insureds under the policy, which shall not be subject to cancellation or modification until after fifteen (15) days' written notice to the city. Such insurance shall be evidenced by the standard general liability special endorsement form required by the city.

(b) Worker's compensation insurance. The applicant shall conform to all applicable federal and state requirements for worker's compensation insurance for all persons operating under a permit.

(Ord. No. 17-428, § 2, 8-9-2017)

The applicant shall execute a hold-harmless agreement as provided by the city prior to the issuance of any filming permit.

(Ord. No. 17-428, § 2, 8-9-2017)

The applicant shall conduct operations in an orderly fashion with continuous attention to the storage of equipment not in use and the cleanup of trash and debris. The area used shall be cleaned of trash and debris within two (2) hours of the completion of the activity to the satisfaction of the city. The applicant shall be responsible for restoring any area damaged or disrupted before leaving the site. If the site is not repaired or restored to the city's satisfaction, the city manager shall have the necessary restoration and/or repairs performed at the expense of the applicant.

(Ord. No. 17-428, § 2, 8-9-2017)

The city manager or his or her designee is authorized and directed to promulgate rules and regulations governing the form, time and location of any film production within the city. He or she shall also set forth the procedures for the issuance of film permits. The rules, regulations, and procedures shall be incorporated into the city's filming permit requirements and administrative procedures guidelines.

(Ord. No. 17-428, § 2, 8-9-2017)