Alhambra Municipal Code Ch. 5.41 Filming of Commercial Motion Pictures

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CITY MANAGER. The title referenced shall refer to the actual City Manager or her/his designee.

FILMING ACTIVITY. The act of filming motion pictures, television shows, commercials, digital media, and commercial still photography, for profit or for personal consumption.

NON-PROFIT FILMING. The act of filming motion pictures, television shows, commercials, digital media, and commercial still photography, by a nonprofit organization, which qualifies under Section 501 (c) of the Internal Revenue Code as a charitable organization.

(Ord. 4664, passed 10-13-14)

(A) No person shall use any public or private property, facility or residence for the purpose of Filming Activity without first applying for a Photography/Filming Permit from the City of Alhambra.

(B) A completed application, and all related forms and documents, must be submitted to the Administrative Services Department at least five (5) business days prior to the date of normal filming.

(C) All application requirements, including completed application, submission of all fees and required deposits, certificate of insurance, statement of indemnification, and approval of activities by adjacent neighbors, must be accomplished before the photography/filming permit can be issued by the City, and prior to the commencement of photo/filming activities. Should the permittee cancel a project location, notification must be given in writing to the City and forfeiture of the application fee will apply.

(D) Filming activities shall not be conducted, established or operated in any manner without the approval and maintenance of a valid photography/ filming permit. The permit must be kept at the filming location site at all times during filming activities.

(E) Filming, including setup and dismantling of Filming Activity, shall not occur before 7:00 a.m. or after 10:00 p.m. The City Manager may extend these hours upon a showing of necessity and upon showing the exception would not disturb the public.

(F) Filming permits shall not be issued for parking, when the filming is occurring outside of the City. A parking use on private property may require the application and approval of a discretionary land use permit.

(‘86 Code, § 5.41.010) (Ord. 3759, passed - -; Am. Ord. 4132, passed - -; Am. Ord. 4664, passed 10-13-14) Penalty, see § 1.12.010

(‘86 Code, § 5.41.015) (Ord. 4132, passed - - )

(A) The permittee shall be responsible for completing all City forms. The City retains the right to alter, remove or add any forms they so choose. The applicant must also comply with any insurance requirements necessary to obtain a photography/ filming permit. Filming activities may be subject to additional licenses, inspections, or permits required by applicable local, state or federal requirements.

(B) Permit application information may be given by the permittee to city by telephone or may be filed in person; however, the signed application and any required information must be filed and applicable fees paid prior to filming.

(‘86 Code, § 5.41.020) (Ord. 3759, passed - - ; Am. Ord. 4132, passed - -; Am. Ord. 4664, passed 10-13-14)

(A) Before granting a photography/filming permit, the City shall review the application to determine if the conduct of the activity regulated by this chapter or proposed location will interfere with the public health, safety and general welfare of the community, or unreasonably endanger any property.

(B) If, during the course of the investigation, the City desires additional information to assist in the determination of whether such a permit should be issued, the City is authorized to require the applicant to furnish such additional information. The Chief of Police shall be authorized to request additional information to assist in the investigation of the application for a film permit.

(‘86 Code, § 5.41.040) (Ord. 3759, passed - - ; Am. Ord. 4664, passed 10-13-14)

(A) In granting a film permit, any reasonable conditions may be imposed as necessary to protect public health, safety, and general welfare or property. Factors which may be taken into consideration include, but are not limited to: noise, traffic congestion, traffic hazards, fire hazards, environmental issues, interference with street maintenance work and possible violations of federal, state or local law. Conditions which may be attached to the film permit may include, but are not limited to: use of City employees, such as Fire and Police at the permittee’s expense; implementation of traffic control measures at the permittee’s expense; cleanup and restoration of property used in the filming activity at permittee’s expense, as well as restrictions of firearms and noise-creating or hazardous devices, pyrotechnics, vehicle crashes, and other hazardous materials and/or activity; time of filming activity.

(B) Issuance of the permit shall depend on the availability of Police, Fire and other necessary personnel and equipment. A minimum of two Police officers and one Fire watch personnel shall be on location at all times to ensure that all photo/film production is done safely with a minimum amount of disruption to the citizens of Alhambra. Their purpose is not to act as security for the photo/film production company. The City Manager may temporarily suspend filming activities when Police and Fire personnel assigned to the location are required to respond to an emergency elsewhere in the City. If it can be demonstrated to the satisfaction of the Chief of Police and/or the Fire Chief that proper safety measures will be in place for the filming activity and throughout the duration of the filming activity, the Police and Fire personnel requirement may be waived at the City’s sole discretion.

(C) A permit may be revoked if it can be shown that there has been a material misrepresentation in the permit application with respect to the nature of the filming activity, the number of personnel or equipment, or other relevant matter; and whereby the filming activity, as conducted, has become a hazard to persons or property, or unduly disruptive to neighboring businesses or residents.

(‘86 Code, § 5.41.050) (ord. 3759, passed - - ; Am. Ord. 4664, passed 10-13-14)

(A) A completed application, and all related forms and documents, shall be submitted to the Administrative Services Department. The City will endeavor to process the completed application in an expeditious manner.

(B) Processing time.

(1) The application processing time is five (5) working business days, except as provided in numbers 2 and 3 below.

(2) The application processing time for filming which includes stunts is six (6) business days.

(3) The application processing time for filming which requires road closures along the major thoroughfares is ten (10) business days.

(C) Issuance of permit shall be contingent upon filing of all required documents and payment of all fees due.

(Ord. 4664, passed 10-13-14)

(‘68 Code, § 5.41.055) (Ord. 4132, passed - - )

(A) The fee for permits issued pursuant to this ordinance shall be established by resolution of the City Council, which may be amended from time to time. The applicant shall pay the photography/filming permit application fee upon filing an application for a permit. An amount representing the cost of reimbursement of City personnel required for the filming activity shall be paid at the time of the permit issuance.

(B) The photography/filming permit application fee shall be included with the application form and is non-refundable.

(C) Business license fees shall not be collected when city filming permit application fees are being charged.

(‘86 Code, § 5.41.060) (Ord. 3759, passed - - ; Am. Ord. 4132, passed - - ; Am. Ord. 4587, passed 6-27-11; Am. Ord. 4588, passed 7-11-11; Am. Ord. 4664, passed 10-13-14)

(A) Permit riders, a written attachment to the permit that accommodates minor changes, may be allowed at the City’s sole discretion.

(B) Change of date: upon the request of the applicant, the City Manager shall have the power, upon a showing of good cause, to change the date for which the permit has been issued, provided established limitations are complied with respect to time and location, as well as availability of requested police and fire personnel.

(‘86 Code, § 5.41.065) (Ord. 4132, passed - - ; Am. Ord. 4664, passed 10-13-14)

(A) The provisions of this chapter shall not apply to filming activities of a noncommercial nature or personal use, such as a family video or photography taken at a wedding or other entertainment venue, moving pictures of competitive athletic events, a parade, or other similar events of a public nature; nor does it apply to or affect reporters, photographers or camera operators in the employ of a newspaper, news service, public access and local origination programs for cable television systems franchised within the City, or similar entity engaged in covering newsworthy events. It also does not apply to filming activities conducted at a studio.

(B) Non-profit filming activities and student films (motion pictures, television programs, digital media or still photography made for the purpose of a school project) must obtain a permit and reimburse the city for the reasonable cost of personnel and equipment, but may seek exemption from film permit fees by providing a letter from a school or proof of non-profit status.

(‘86 Code, § 5.41.070) (Ord. 3759, passed - - ; Am. Ord. 4664, passed 10-13-14)

('86 Code, § 5.41.075) (Ord. 4132, passed - - )

The City Manager or his/her designee is authorized to enforce the provisions of this chapter, and the Chief of Police and Fire Chief shall render such assistance in the enforcement thereof as may from time to time be required by the City Manager.

(‘86 Code, § 5.41.080) (Ord. 3759, passed - - ; Am. Ord. 4132, passed - - ; Am. Ord. 4664, passed 10-13-14)