Barstow Municipal Code Ch. 5.92 Motion Pictures, Television and Photographic Production

Footnotes:

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State Law reference— Uniform Film Permit Act, Government Code § 14999.30 et seq.; authority of any city to adopt ordinance or regulations governing issuance of commercial film permits, Government Code § 14999.36.

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

(Code 1969, § 5.92.010; Ord. No. 861-2010, § 1, 3-1-2010)

This chapter is to establish administrative rules and regulations for the review and issuance of filming permits for 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 potential adverse impacts of filming activities.

(Code 1969, § 5.92.020; Ord. No. 861-2010, § 1, 3-1-2010)

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 means 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 means the director of community and economic development or his designee.

Family video means the filming or videotaping of motion pictures or taking of still photographs solely for private use.

Filming activity means all activity attendant to staging or shooting commercial motion pictures, television shows or programs, 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 location means actual property or properties that any filming activity for commercial motion picture or still photographic production is performed.

News media means 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 general public interest by reporters, photographers or camera operator in the employ of a newspaper, television station, news service, or similar entity.

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

Strike means 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, relandscaping, and unrigging from stunts and special effects.

Student films means motion picture, television, or still photography produced to satisfy a course or curriculum requirement at an educational institution. The student film maker must supply proof that he is currently enrolled in an educational institution.

Studio filming means a legally established commercial motion picture/television/still photography place of business where filming activity, whether motion or still, are regularly conducted inside a studio/stage upon the premises.

(Code 1969, § 5.92.030; Ord. No. 861-2010, § 1, 3-1-2010)

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

(1) News media.

(2) Family video.

(3) Studio filming.

(Code 1969, § 5.92.040; Ord. No. 861-2010, § 1, 3-1-2010)

No person shall use any public or private property, building, facility or residence for the purpose of filming activity, including, but not limited to, producing or making motion pictures, television, or still photography without first applying for and receiving a city film permit from the city film permit coordinator pursuant to the provisions of this chapter.

(Code 1969, § 5.92.050; Ord. No. 861-2010, § 1, 3-1-2010)

(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:

(1) A complete application for a city film permit on a form provided by the city. The form must be signed 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 permit will be processed. Such complete application shall be submitted at least two working days prior to the date in which such person desires to conduct the activity for which a 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, an application shall be submitted at least five working days prior to the date of the filming activity.

(2) Approval in the form of a petition, signature card, letter, consent form or email from a minimum of 75 percent of all property owners and/or tenants, over the age of 18, for each parcel located within 500 feet of the perimeter of the property on which the filming activity is to take place. Applications that fail to submit the minimum amount of consent required in this subsection shall require approval from the city council at the next available meeting.

(3) City film permit fee as established by city council resolution and other applicable deposits as described in section 5.92.100.

(4) Evidence of insurance as required in section 5.92.110(a).

(5) A fully executed indemnification agreement, on a form approved by the city attorney, as required in section 5.92.110(b).

(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. Requirements of these responsible agencies shall be requirements of this permit. Examples of such agencies include, but are not limited to, the state highway patrol, the county sheriff's department, 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.

(b) City film permit issuance.

(1) The city film permit coordinator 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, he finds 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 as well as the city police department, 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 departments 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 issuing 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 500-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 telephone numbers, at least 24 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.

(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 5.92.080.

(Code 1969, § 5.92.060; Ord. No. 861-2010, § 1, 3-1-2010)

(a) City film permits may be revoked by the city film permit coordinator for the following reasons:

(1) Misrepresentation on the city film permit application including but not limited to 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 the Barstow Municipal 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 the city film permit.

(b) The city police 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 24 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 5.92.080.

(Code 1969, § 5.92.070; Ord. No. 861-2010, § 1, 3-1-2010)

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.

(Code 1969, § 5.92.080; Ord. No. 861-2010, § 1, 3-1-2010)

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

(Code 1969, § 5.92.090; Ord. No. 861-2010, § 1, 3-1-2010)

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

(1) 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 applicant upon completion of filming activity and inspection of the site by the city.

(2) 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 activity.

(3) The city film permit fee and the security deposit shall not apply to or affect:

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

b. Student films; and

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

(4) If deemed necessary by the city film permit coordinator, additional police department, Code enforcement, a film monitor and/or other city services shall be provided for the purpose of protecting, assisting and regulating the proposed 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. Additional city services will be provided/coordinated through the city film permit coordinator.

(Code 1969, § 5.92.100; Ord. No. 861-2010, § 1, 3-1-2010)

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

(1) 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:

a. General liability with limits no less than $1,000,000.00;

b. Auto liability with limits no less than $1,000,000.00;

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

d. Employer's liability with limits no less than $1,000,000.00.

The general liability and auto liability policies shall name the city, its officers, employees, agents and volunteers as additional insured's 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 V:12. The certificate shall not be subject to cancellation or modification until after 30 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.

(2) 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.

(Code 1969, § 5.92.110; Ord. No. 861-2010, § 1, 3-1-2010)

(a) Notwithstanding any other provision of the Barstow Municipal 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 section 1.01.150 and is also subject to administrative citations in accordance with chapter 6.30.

(b) Each person shall be guilty of a separate offense for each and every 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 Barstow Municipal Code, or by the laws of the state or of the United States.

(Code 1969, § 5.92.120; Ord. No. 861-2010, § 1, 3-1-2010)