Brawley Municipal Code Ch. 11A Filming Permit Process

As used in this chapter, the following words, terms and phrases shall have the meanings:

"Charitable films" shall mean commercials, motion pictures, television, video tapes, or still photography produced by a nonprofit organization, which qualifies under Section 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, and commercials.

"News media" shall mean the filming or video taping for the purpose of spontaneous, unplanned television news broadcast by reporters, photographers, or cameramen.

(Ord. 90-01, § 1.)

(a) Permit Required. No person shall use any public or private property, facility, or residence for the purpose of taking commercial motion pictures or television pictures or commercial still photography without first applying for and receiving a permit from department of economic and community development.

Exemptions:

(1) News Media. The provisions of this chapter shall not apply to or affect reporters, photographers, or cameramen in the employ of a newspaper, news service, or similar entity engaged in on-the-spot broadcasting of news events concerning those persons, scenes, or occurrences which are in the news and of general public interest.

(2) The filming or video taping of motion pictures solely for private-family use.

(3) Charitable films: Projects which qualify under section 501(c)(3) of the Internal Revenue Code.

(Ord. No. 90-01, § 2.)

(a) 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 and location.

(b) Rules. The city manager or designee is hereby authorized and directed to promulgate rules and regulations, subject to approval by resolution of the council, governing the form, time, and location of any film activity set forth within the city. He/she 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) Avoidance of undue disruption of all persons within the affected area;

(3) The safety or property within the city; and

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

(Ord. No. 90-01, § 3.)

(a) Issuing Authority. The issuing authority shall be the city designee.

(b) Applications. The following information shall be included in the application:

(1) The name of the owner, the address, and telephone number of the place at which the activity is to be conducted;

(2) The specific location at such address or place;

(3) The inclusive hours and dates such activity will transpire;

(4) A general statement of the character or nature of the proposed filming activity;

(5) The name, address, and telephone number of the person or persons in charge of such filming activity;

(6) The exact number of personnel to be involved;

(7) Use of any animals or pyrotechnics; and

(8) The exact amount/type of vehicles/equipment to be involved.

(c) No use fees are required.

(d) Reimbursement for Personnel. The production company shall reimburse the city for any personnel provided to the company (i.e. police, fire, traffic) for the purpose of assisting the production.

(Ord. No. 90-01, § 4.)

(a) Liability Insurance. Before a permit is issued, a certificate of insurance will be required in a minimum amount of one million dollars naming the city as a coinsured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage. The city officers and employees shall be named as additional insureds. The certificate shall not be subject to cancellation or modification until after thirty days written notice to the city. A copy of the certificate will remain on file in the office of the city clerk.

(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 chapter.

(d) Faithful Performance Bond. To ensure cleanup and restoration of the site and reimbursement to the city, an applicant may be required to post a refundable faithful performance bond (amount to be determined) at the time application is submitted. Upon completion of filming and inspection of the site by the city, and reimbursement to the city for costs incurred, the bond may be returned to the applicant.

(Ord. No. 90-01, § 5.)

If an applicant violates any provision of this chapter or a permit issued pursuant thereto, the city may cancel the permit. Violation of the terms and conditions of the film permit is considered a misdemeanor.

(Ord. No. 90-01, § 6.)