Banning Municipal Code Ch. 5.40 Motion Picture, Television, and Photographic Production Permits

Footnotes:

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Editor's note— Ord. No. 1608, § 2, adopted October 14, 2025, repealed the former Ch. 5.40, §§ 5.40.010—5.40.160, and enacted a new Ch. 5.40 as set out herein. The former Ch. 5.40 pertained to similar subject matter and derived from Code 1965, §§ 30-1—30-16.

This chapter shall be known as the "Motion Pictures, Television and Photographic Production Ordinance" of the City of Banning.

(Ord. No. 1608, § 2, 10-14-25)

This chapter establishes administrative rules and regulations for the review and issuance of filming permits involving motion picture, television, and photographic production in the city. The intent of this chapter is to facilitate and regulate the time, place, and manner of such filming activity while protecting the residents and property owners from the adverse impacts of filming activities.

(Ord. No. 1608, § 2, 10-14-25)

The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

City film permit. A permit issued by the city to allow the activities associated with filming activity, including the production, filming or videotaping of motion picture and television shows, programs, commercials and still photography.

City film permit coordinator (finance staff). The director of community development and economic development manager, or their designee.

Filming activity. All activity attendant to staging or shooting commercial motion pictures, television shows or programs, long form web-based media, commercials and the taking of single or multiple photographs for sale or commercial use involving a cast and crew of ten or more individuals where the photographer sets up stationary equipment in any one location for longer than five consecutive minutes. Filming activity also includes filming of commercial radio station promotional events. Filming activities include the following definitions:

A. Motion pictures. Audiovisual works consisting of a series of related images which, when shown in succession, impart an impression of motion, together with accompanying sounds, if any.

B. Television Shows. A series of episodes aired on television or an app-based streaming service, typically following a specific storyline or theme for broadcast or syndication. Television for the purposes of this chapter means an electronic system of transmitting transient images of fixed or moving objects together with sound over a wire or through space by apparatus that converts light and sound into electrical waves and reconverts them into visible light rays and audible sound.

C. Programs. A presentation or item on television, radio, or an app-based streaming service, especially one broadcast airing regularly between stated times (i.e. nature program). Radio for the purposes of this chapter means the use of electromagnetic waves for the wireless transmission of electric impulses into which sound is converted.

D. Commercials. An advertisement played on television, radio, or an app-based streaming service.

E. Still photography. A photograph that is not a video, movie, or moving image.

Filming location. Filming location means the actual property or properties that any filming activity for commercial motion picture or still photographic production is performed.

News media. The photographing, filming or videotaping for the purpose of spontaneous, unplanned reporting of news events concerning those persons, scenes or occurrences which are in the news and of public interest by reporters, photographers or camera operator in the employ of a newspaper, television station, news service, or similar entity.

Preparation. Preparation ("prep") means workdays preceding filming activities. These activities may include set construction, or dressing, painting, landscaping or rigging for stunts and special effects.

Private production. The filming or videotaping of motion pictures or taking of still photographs solely for private use.

Wrap/Strike (Project completion). The work at a filming location that includes the removal of equipment at the end of filming activities. These activities may include, but are not limited to, set removal, re-painting, re-landscaping, and unrigging from stunts and special effects.

Studio filming. A legally established commercial motion picture, television show, commercials, programs, or still photography place of business where filming activity, whether motion pictures, television shows, commercials, programs, or still photography, are regularly conducted inside a studio or on a stage located on the premises.

Student films. Motion pictures, television shows, or still photography that are produced to satisfy a course or curriculum requirement at an educational institution are student films. The student film maker must supply proof that they are currently enrolled in an educational institution. Proof may include documentation from an educational institution that indicates the student is covered by their liability insurance, and given permission to film a project beyond the boundaries of the campus.

(Ord. No. 1608, § 2, 10-14-25)

No person shall use any public or private property, building, facility, or residence for the purpose of filming activity, including producing or making motion pictures, television shows, programs, commercials, or still photography without first receiving a city film permit from the city film permit coordinator pursuant to the provisions of this chapter.

(Ord. No. 1608, § 2, 10-14-25)

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

A. News media;

B. Private production; and

C. Studio filming.

(Ord. No. 1608, § 2, 10-14-25)

An applicant must provide the following information:

A. Full legal name of applicant;

B. Business or educational institution name of applicant (if different);

C. Business or educational institution address of applicant;

D. Telephone number of applicant;

E. Location(s) of proposed filming or taping;

F. Date(s) and time(s) of proposed filming or taping;

G. Lists which include the approximate number of cast, crew, and production vehicles;

H. Services of city employees desired or required on location during filming;

I. A brief description of the type of production to be made;

J. Name of person in charge on location;

K. Such other information that includes impacts to the community at or around the filming location including but not limited to traffic control, use of public sidewalks, noise disturbances, use of pyrotechnics, large crowd scenes, etc.; and

L. A statement acknowledging that the applicant shall have a copy of its permit on site at all times during filming.

(Ord. No. 1608, § 2, 10-14-25)

A. City film permit application. Any person desiring a city film permit under the provisions of this chapter shall submit to the city film permit coordinator the following:

1. A complete application for a city film permit on a form provided by the city. The form must be signed by the applicant and accompanied by all required fees, deposits, indemnification agreement, and the insurance certificate required by this chapter and the city's administrative rules and regulations before the city film permit coordinator may process the city film permit application. An applicant must submit a complete application, in person, at least two working days prior to the date of the filming activity for which the permit is required. If such activity interferes with traffic, including road closures, or involves potential public safety hazards, such as stunts, pyrotechnics or special effects, the applicant shall submit the application at least five working days prior to the date of the filming activity for which the permit is required.

2. Notification of all businesses and residents within two hundred feet of the filming activity is suggested.

a. An applicant will be required to submit a city film permit request at least two working days prior to the date on which such person desires to conduct filming activity for which a permit is required, unless closure of a public street is involved in which case minimum notification time shall be one week.

3. City film permit fee as established by city council resolution and other applicable deposits as described in Section 5.40.080.

4. Evidence of insurance as required in Section 5.40.140.

5. A fully executed indemnification agreement, on a form approved by the city attorney, as required in Section 5.40.140.

6. If determined to be necessary by the city film permit coordinator, written evidence of permits and/or conditions with other public agencies as may be required upon submission of an application for a city film permit. The requirements of these responsible agencies shall be the requirements of this permit. Examples of such agencies include, without limitation, the state highway patrol, the county sheriff's department, the Federal Aviation Administration, city fire protection district, and the bureau of land management.

7. Any other information as required by the city's administrative rules and regulations.

8. An applicant shall obtain the property owner's permission, consent, and/or lease for use of property.

B. City film permit issuance.

1. The city film permit coordinator in coordination with the planning department shall be responsible for the issuance of city film permits under this chapter, when, from a consideration of the application and from such other information as may be otherwise obtained, they find that:

a. The conduct of such activity will not unduly interfere with traffic or pedestrian movement or endanger public safety and that no streets will be completely closed to traffic for an unreasonable period of time;

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; and

c. At the determination of the city's public works department, the city police department, the city fire protection district, and the city engineer, as required, that the condition of such activity will not constitute a fire hazard or any other type of hazard and all proper safety precautions will be taken as determined by the department's director, or their designee.

2. The city film permit coordinator may impose any conditions found necessary to protect the public's health, safety, and welfare. The permittee shall comply with any conditions or restrictions the city may impose as a condition to issue a city film permit. No changes to such conditions shall be made without first obtaining the city film permit coordinator's prior written approval. Failure to comply with the terms and conditions of a city film permit shall be grounds for permit revocation by the city film permit coordinator.

3. Following issuance of a city film permit, the permittee must notify residents within a two-hundred-foot radius of the location of the proposed filming activity by distributing a fully completed filming location notification form, including the production company's contact information, at least forty-eight hours prior to the first day of filming activity. Residential notification is not required for still photographic productions with cast and crew of less than ten people. An extended radius of five-hundred feet for any major special effects, stunts or pyrotechnics will be required.

4. The decision of the city film permit coordinator to issue, conditionally issue, or not issue a city film permit shall be final unless appealed pursuant to Section 5.40.160.

5. A film permit shall be issued for the number of days requested.

6. An applicant shall comply with all conditions or restrictions of the permit.

(Ord. No. 1608, § 2, 10-14-25)

Each application for a city film permit shall be accompanied by:

A. A security deposit, in an amount established by city council resolution, to ensure cleanup and restoration of the site of the filming activity. The deposit, in full or part thereof, may be returned to the permittee upon completion of filming activity and inspection of the site by the city.

B. A city film permit fee in an amount 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 filming activity.

C. The city film permit fee and the security deposit shall not apply to or affect:

1. City produced or city-sponsored government or educational access productions;

2. Student films; and

3. Productions by charitable organizations that have been issued 501(c)(3) status by the Internal Revenue Service and are in good standing.

D. If deemed necessary by the city film permit coordinator, additional police personnel, code enforcement personnel, a film monitor and/or other city services shall be provided for the purpose of protecting, assisting, and regulating the proposed filming activity, at a cost billed to the permittee. The cost of providing such additional services shall be paid in advance to the city by the permittee. Should the filming surpass the permitted time, with approval of an officer, the permittee will be billed for overages for the city personnel's time. Additional city services will be provided and coordinated through the city film permit coordinator.

E. A permittee shall conduct operations including preparation and project completion in a time frame as agreed by the city and permittee. The area used shall be cleaned of trash and debris upon completion of shooting at the scene and restored to the original condition before leaving the site. The city may require a faithful performance bond or refundable security deposit to ensure cleanup and restoration of the site after inspection. The bond or security deposit shall be returned to the applicant within thirty days.

(Ord. No. 1608, § 2, 10-14-25)

Temporary "NO PARKING" signs shall be posted by the city., All parking of equipment or cars on public streets, stringing cable on sidewalks or from generator to service point, sidewalk shots, driving scenes shall require signage indicating such activities are taking place and shall be posted by the city.

(Ord. No. 1608, § 2, 10-14-25)

For filming that would impair traffic flow, a permittee shall coordinate traffic control with the police department and, if deemed necessary by the city film permit coordinator, the California Highway Patrol and/or county sheriff, and shall comply with all traffic control requirements deemed necessary by the city permit film coordinator.

A. The permittee shall furnish and install advance warning signs and any other traffic control devices in conformance with the Manual of Traffic Control, State of California, Department of Transportation, and take all appropriate safety precautions.

B. Traffic may be restricted or stopped intermittently upon the city's authorization and under the city's direction.

C. The permittee shall not detour traffic across a road with double lines without the city's prior approval.

D. Unless otherwise authorized by the city, the permittee shall not drive camera cars (or cause camera cars to be driven) against the flow of oncoming traffic and shall observe all traffic laws.

E. Any emergency road work or construction by city, county crews, and/or private contractors, under permit or contract to the city shall have priority over filming activities.

(Ord. No. 1608, § 2, 10-14-25)

The permittee shall perform all external filming activities between the hours of 10:00 p.m. and 6:00 a.m. without undue noise and nuisance, unless otherwise approved by the city film permit coordinator with sufficient notice informing residents of the filming activity. Production companies will be mandated to comply with any relevant state/local law or regulations related to vehicles, road closures, and/or traffic.

(Ord. No. 1608, § 2, 10-14-25)

The city film permit coordinator is authorized and directed to promulgate administrative rules and regulations, subject to approval by resolution of the city council, governing the time, place and manner of any filming activity, included in this chapter, within the city. The administrative rules and regulations shall be based upon the criteria set forth in this chapter.

(Ord. No. 1608, § 2, 10-14-25)

All applicants for a city film permit shall submit the following with a completed application for a city film permit:

A. Liability insurance. If filming activity will be conducted on public property, a certificate of insurance shall be submitted to the city film permit coordinator evidencing the following:

1. General liability with limits no less than as stipulated by the city;

2. Auto liability with limits no less than as stipulated by the city;

3. Workers' compensation coverage as required by law; and

4. Employer's liability with limits no less than as stipulated by the city.

The general liability and auto liability policies shall name the city, its officers, employees, agents, and volunteers as additional insured to protect the city against any liability, or claims of liability related to or resulting from film production in the city. Such policies shall be provided by an insured permitted to do business in the state with an AM Best rating of at least A:VII or a Standard & Poor's Rating (if rated) of at least BBB, unless specific approval for a lower rating has been granted by the City. The certificate shall not be subject to cancellation or modification until after thirty days' written notice to the city. Such insurance shall be evidenced by the standard general liability special endorsement form mandated by the state film commission, which will remain on file with the city's risk manager. When filming in a flood control channel, the Riverside Flood Control and Water Conservation District shall be named as an additional insured. The certificate Holder must be the "City of Banning" and the Certificate Holder's address must be the address of the respective department.

B. Indemnification agreement. The applicant must submit with its application for a city film permit an indemnification agreement, on a form approved by the city attorney, in which the applicant agrees to defend, indemnify, and hold harmless the city, its officers, agents, employees and volunteers from all claims and liability arising from the filming activity or issuance of the city film permit.

C. An endorsement to each policy shall be added stating that such policy shall not be cancelled by either party or reduced in coverage except after thirty days prior written notice to City and that the policy shall apply on a primary noncontributing basis in relation to any insurance or self-insurance, primary or excess, maintained by or available to the City or any official, employee or agent of City.

(Ord. No. 1608, § 2, 10-14-25)

A. The city film permit coordinator may revoke city film permits for the following reasons:

1. Misrepresentation on the city film permit application, including, without limitation, the type or manner of film production, the location of filming activity, or the parameters or the need for stunts or special effects.

2. Any violations of this code, state or federal law, and/or the city's administrative rules and regulations for filming activity.

3. Any violation of the conditions imposed on a conditionally approved city film permit.

B. The city police department and the city fire protection district are authorized to suspend any filming activity not authorized by the necessary permit or when permit conditions are violated or where the city's filming rules and regulations, laws, or ordinances are violated. A written notice of suspension shall be provided to the permittee and the city film permit coordinator within twenty-four hours of the suspension.

C. The decision of the city film permit coordinator to revoke a city film permit shall be final unless appealed pursuant to Section 5.40.160.

D. No acts of lewd conduct etc. will be allowed to be filmed or photographed in any public setting within city jurisdiction.

(Ord. No. 1608, § 2, 10-14-25)

A. Notwithstanding any other provision of this code to the contrary, any person who causes, permits, or suffers a violation of any provision of this chapter, or who fails to comply with any obligation or requirement of this chapter, is guilty of a misdemeanor violation punishable in accordance with Chapters 1.24 and 1.28 and is also subject to administrative citations in accordance with Chapter 1.20.

B. Each person shall be guilty of a separate offense for each day, or part thereof, during which a violation of this chapter, or of any law or regulation referenced herein, is allowed, committed, continued, maintained or permitted by such person, and shall be punishable accordingly.

C. This chapter does not exclusively regulate filming activity in the city, and the remedies provided in this chapter are in addition to other applicable remedies and penalties authorized by the Banning Municipal Code, or by the laws of the state or of the United States.

(Ord. No. 1608, § 2, 10-14-25)

The decision of the city film permit coordinator to issue, conditionally issue, not issue, or revoke a city film permit may be appealed in writing to the city manager within five working days of the decision. The appeal must include copies of all pertinent material necessary to support the permittee's position on appeal. Any actions of the city manager shall be final.

(Ord. No. 1608, § 2, 10-14-25)