Bradbury Municipal Code Art. IV Filming

Footnotes:

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Editor's note— Ord. No. 379, § 1, adopted Nov. 16, 2021, repealed the former Art. IV, §§ 13.02.600—13.02.650, and enacted a new Art. IV as set out herein. The former Art. IV pertained to moviemaking and television productions and derived from Prior Code, §§ 6250—6255.

This Article shall be known as the Bradbury Filming Ordinance. It is based upon the Model Filming Ordinance promulgated by the California Film Commission, in accordance with Government Code § 14999.20, and has been reviewed by the Commission prior to final adoption by the City Council.

(Ord. No. 379, § 1, 11-16-2021)

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

Charitable films shall mean commercials, motion pictures, television, digital media or still photography produced by a nonprofit organization, which qualifies under § 501(c)(3) of the Internal Revenue Code as a charitable organization. No person, directly or indirectly, shall receive a profit from the marketing and production of the film or from showing the films, tapes, or photos.

Motion picture, television, still photography shall mean and include all activity attendant to staging or shooting commercial motion pictures, television shows or programs, commercials, digital media, still photography and student films produced to satisfy a post-secondary school course requirement at an educational institution in any medium including film, tape or digital format.

News media shall mean the reporters, photographers, and supporting crew members in the employ of a newspaper, news service, or similar entity engaged in on-the-spot print media, publishing or broadcasting, of news events concerning those persons, scenes or occurrences which are in the news and of general public interest.

Personal/family video shall mean the recording of visual images (motion or still photography) solely for private personal use, and not for commercial use.

Studio shall mean a fixed place of business certified as such by a local fire authority having jurisdiction where filming activities (motion or still photography) are regularly conducted upon the premises.

Studio filming shall mean filming activities (motion or still photography) conducted at a studio.

(Ord. No. 379, § 1, 11-16-2021)

(a) Permit required. No person shall use any public or private property, facility or residence for the purpose of taking "motion pictures, television, still photography" as defined in this article including charitable films, without first applying for and receiving a permit from the City Manager or designee of the City.

(b) The provisions of this chapter shall not apply to or affect news media, personal/family video or studio filming.

(Ord. No. 379, § 1, 11-16-2021)

The City Manager is hereby authorized and directed to promulgate rules and regulations, subject to approval by the City Council, governing the form, time and location of any film activity set forth within the City. The City Manager shall also provide for the issuance of permits. The rules and regulations shall be based upon the following criteria:

(1) The health and safety of all persons;

(2) Mitigation of disruption to all persons within the affected area;

(3) The safety of property within the City; and

(4) Traffic congestion at particular locations within the City.

(Ord. No. 379, § 1, 11-16-2021)

(a) Issuing authority. The issuing authority shall be the City of Bradbury.

(b) Applications. Applicants shall complete all portions of the City's Film Permit Application Form.

(c) Fee schedule. The issuing authority may adopt a fee schedule.

(d) Change of date. Upon the request of the applicant, the issuing authority 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 in respect to time, location, and neighboring residents and associations have been notified at least five days prior to [when] the filming is to occur.

(Ord. No. 379, § 1, 11-16-2021)

Any person may appeal issuance or denial of the application, or the permit conditions to the City Council prior to or subsequent to issuance in the manner provided in Section 13.01.130.

(Ord. No. 379, § 1, 11-16-2021)

(a) Liability insurance. Before a permit is issued, a certificate of insurance will be required in an amount of not less than $2,000,000.00 naming the City as an additional insured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage. Higher liability limits or separate aerial coverage shall be required for the use of helicopters and/or drones. City officers and employees shall also be named as additional insured. The City Manager may permit lower limits for insurance in cases where $2,000,000.00 is impractical such as student films. An applicant must provide evidence of insurance coverage that will not expire until the completion of all planned production activities, including the strike and restoration of all locations, and for one year thereafter. A copy of the certificate will remain on file with the City until expiration.

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

(c) Hold harmless agreement. An applicant shall execute a hold harmless agreement as provided by the City prior to the issuance of a permit under this article.

(d) Security deposit. To ensure cleanup and restoration of location sites, an applicant may be required to submit a refundable deposit (amount to be determined by the City). Upon completion of filming and inspection of the site by the city/county, if no verifiable damage has occurred, the security deposit shall be returned to the applicant.

(Ord. No. 379, § 1, 11-16-2021)

(a) Any violation or failure to comply with any of the requirements of this article, the City's Film Policy, or a permit issued pursuant thereto, shall constitute a misdemeanor, subject to daily penalties as set forth in Section 1.03.010(d) of this Code.

(b) Notwithstanding the foregoing, at the discretion of the City Manager or designee, any such violation may be charged and prosecuted as an infraction, subject to the daily penalties set forth in Section 1.03.010(e) of this Code.

(c) Notwithstanding the foregoing, and in addition to, or in lieu of criminal prosecution, any violation of this article, the City's Film Policy, or a permit issued pursuant thereto, may be subject to administrative enforcement pursuant to Section 1.05.070 of this Code.

(d) In addition to the foregoing, if an applicant violates any of the provisions of this article, the City's Film Policy, or a permit issued pursuant thereto, the City may provide the applicant with verbal or written notice of such violation. If the applicant fails to correct the violation, the City may revoke the permit and all activity must cease.

(Ord. No. 379, § 1, 11-16-2021)