Brea Municipal Code Ch. 5.224 Motion Picture and Television Production

The purpose of this chapter is to provide rules and regulations governing the issuance of permits for filming, video taping or any related activity on location within the city, to assure that such activity is consistent with considerations of the public health, safety, and general welfare and the protection of property. The requirements provided in this chapter shall be separate and in addition to those provisions of this code regarding business regulation and licensing. Any and all fees provided in this chapter are intended to cover the cost of investigation and processing permits for filming, as specified herein, and shall be in addition to all other applicable licenses and/or permits provided in this code.

(1961 Code, § 13C.1; Ord. 839)

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

"Charitable purposes."

Filming or video taping for a motion picture or television production conducted by an organization in which no individual either directly or indirectly receives a profit from the production, marketing or showing of the films or tapes.

"City."

The city of Brea, a municipal corporation formed and operating pursuant to the laws of the state.

"City clerk."

The City Clerk of the city.

"City council."

The City Council of the city.

"City manager."

The City Manager of the city, or his or her designee.

"Film or filming."

Feature motion pictures, video tapes, television, motion pictures, and commercials.

"News purposes."

Filming or video taping for television news broadcasting by reporters, photographers or camera persons in the employ of a newspaper, news service, or similar entity, of new events concerning those persons, scenes, or occurrences which are in the news and of general public interest. The filming or video taping of such shall be for regularly scheduled news programs (but not magazine or documentary programs) and special news programs which are not preplanned and are broadcast within twenty-four (24) hours after the event.

"Permittee."

Any person, firm, corporation, or group or combination acting as a unit to whom or which a film permit is granted by the city under the provisions of this chapter.

"Person."

Any individual, firm, corporation, association, or group or combination acting as a unit.

"Production."

The activity of making a film for commercial or noncommercial purposes on property owned by the city or on private property within the jurisdiction of the city.

(1961 Code, § 13C.2; Ord. 839)

Except as otherwise provided, it shall be unlawful for any person to engage in the business or activity of filming, video taping or producing motion pictures on motion picture film or electronic video tape for public exhibition as motion pictures or for television, at any place within the city, other than at or in an established motion picture or television studio or entirely within an enclosed structure or building, with no outside storage of filming equipment, without a film permit from the City Clerk. Any person interested in filming within the city shall complete in full a film permit application as stated in this chapter and provide to city all the information requested in § 5.224.050.

(1961 Code, § 13C.3; Ord. 839)

The provisions of this chapter shall not apply to:

A. The filming or video taping of motion pictures solely for private or family use;

B. The filming or video taping of motion pictures for use in a criminal investigation, civil proceeding, and emergencies such as fires, floods, police actions, and the like;

C. The filming or video taping of motion pictures for news purposes (but not magazine or documentary programs);

D. Education, government, and public access and local origination programs for cable television systems franchised within the city;

E. The filming or video taping of motion pictures by the city itself (e.g. video taping of sewer lines and media-services programming); and

F. Any other activity as deemed in the public interest by the City Manager.

(1961 Code, § 13C.4; Ord. 839)

The City Clerk shall furnish application for such film permit. Such application form(s) shall request the following information:

A. Name, permanent street address, and telephone of the applicant;

B. If the applicant is a corporation, the name, principal address and telephone of the applicant shall be as shown in the most recent statement of corporation on file with the applicable Secretary of State;

C. If the filming or video taping for motion picture or television production is conducted by a nonprofit organization which qualifies under § 501(c)(3) of the Internal Revenue Code or Cal. Rev. & Tax. Code § 23701 as a charitable organization, and no person, directly or indirectly, receives a profit from the marketing and production of film or from showing the film, tapes, or photos, the applicant must state this on the application form;

D. Name, address, and telephone number of the person in charge of the location and responsible for its conduct;

E. The name, address, and twenty-four (24) hour phone number of at least two (2) persons to be contacted in the event of emergency conditions which might alter the conditions of the film permit;

F. Name of film/project;

G. Location(s), date(s), time(s) and activity of the proposed filming or taping. If the proposed filming or taping involves the use of private property, the full name and address of the property owner where the filming/taping is to take place and a signed affidavit from the property owner granting permission for the proposed use of the property in question shall be provided to the City Clerk;

H. Approximate number of individuals in cast and crew;

I. List of types and number of vehicles and other equipment;

J. Statement if overnight parking and locations are needed;

K. Requests for special assistance at the location, including, but not limited to street closure, traffic control, and emergency services;

L. Special conditions or requests by the applicant;

M. Dated signature of applicant;

N. If the applicant is a corporation, the application shall be signed by two (2) principal officers of the corporation; and

O. In addition to the provisions of this chapter, any applicant whom or which will engage in any activity which requires compliance with any federal, state or local regulations, including additional licenses or permits, shall present evidence of satisfactory compliance with such regulations.

(1961 Code, § 13C.5; Ord. 839)

Applications shall be presented to the City Clerk at least ten (10) business days in advance of the time that the proposed filming, taping or production is to commence.

(1961 Code, § 13C.6; Ord. 839)

A. Each application shall be accompanied by a nonrefundable application and investigation fee payable to the city which shall be set by resolution of the City Council; provided, however, that no fee shall be required of applicants filming or video taping for motion picture or television production for charitable purposes, as defined in § 5.224.050.C.

B. In the event that weather conditions or other circumstances beyond the control of the permittee require that the date(s) or time(s) of the proposed filming or taping need to be altered, no additional application and investigation fee shall be required because of such alteration of the date(s) or time(s) so long as the City Clerk is given at least one (1) business day notice of the alteration, but an additional fee will be charged if minor changes, additions, deletions and extensions to the original filming permit are requested which are not beyond the control of the permittee. Said additional fee shall be set by resolution of the City Council. A minor change, addition, deletion, or extension to the original filming permit request must be filed with the City Clerk. Only one (1) such request per permit will be allowed.

C. If the City Manager determines that any potential danger to the public's health, safety, or general welfare, or property would be eliminated by the presence of police or fire protection at the site of the filming or video taping for motion picture or television production, the City Manager may grant the film permit upon condition that the permittee pay in advance to the city the costs of such police or fire protection as may be required.

D. For filming permits which necessitate the city to provide services to the permittee in addition to police or fire protection, service charges shall be imposed. Such charges will be determined by the applicable servicing city department(s) and shall be based on the actual cost incurred by the city in providing such services. Such service charges shall include, but shall not be limited to, charges for labor, supervision, overhead, administration and the use of any and all city equipment, supplies, and the like. Additional charges may be imposed to cover the cost of extraordinary film permit investigation and/or staff costs, if the City Manager feels this is necessary.

E. In addition to the fee(s) required herein, a business license tax (whatever the current rate may be) shall also be required and shall be payable to the city.

(1961 Code, § 13C.7; Ord. 839)

Before granting any film permit pursuant to this chapter, the City Manager shall determine that such filming or video taping for motion picture or television production will not unreasonably interfere with the public health, safety and general welfare or unreasonably endanger any property. In making this determination, the City Manager shall take into consideration the noise, traffic hazards, fire hazards and other environmental problems, including health and safety which are likely to be caused by such activities. In granting the permit, the City Manager may further impose any reasonable conditions as are necessary to protect the public health, safety, and general welfare or property.

(1961 Code, § 13C.8; Ord. 839)

A. Any applicant aggrieved by any decision of the City Manager with respect to a film permit may appeal such decision to the City Council within ten (10) days following notice of such decision.

B. A written request for such appeal shall be filed with the City Clerk and all such requests shall contain the following information:

1. The name and address of the applicant;

2. The date of the decision in question;

3. The reasons for the appeal; and

4. The grounds relied upon for relief.

C. The appeal request shall be accompanied by a non-refundable appeal fee in an amount to be set by resolution by the City Council. Upon receipt of the appeal request, the City Clerk shall set the matter for hearing at a regular meeting of the City Council no later than thirty (30) days following the date the appeal request was filed. Notice of the time and place of the hearing shall be mailed to the applicant, by certified mail, no later than ten (10) days prior to the date set for hearing. Said notice may also designate certain records that the applicant is required to produce at the time of the hearing.

D. At the hearing as prescribed by this section, the applicant and the city may submit any and all evidence as they believe to be relevant. The City Council may require the presentation of additional evidence from either the applicant or the city, or from both, and may continue the hearing from time to time for the purpose of allowing the presentation of additional evidence. Upon conclusion of the hearing, the City Council may, by resolution with findings, approve, reverse, or modify the decision of the City Manager and any such decision of the City Council shall be final.

(1961 Code, § 13C.9; Ord. 839)

Use of any public facility within the city may require an additional rental or use agreement.

(1961 Code, § 13C.10; Ord. 839)

A permittee shall conduct operations in an orderly fashion. The area used shall be cleaned of trash and debris upon completion and before leaving the site(s). A deposit to assure that a permittee removes all trash and debris from filming site(s) may be required. This requirement and the amount thereof shall be determined by the City Manager.

(1961 Code, § 13C.11; Ord. 839)

For filming that would impair traffic flow, an applicant shall use city law enforcement personnel at the applicant's expense.

A. If required for traffic safety or as a condition of the film permit, an applicant shall furnish and install advance warning signs and any other traffic-control devices in conformance with the Manual of Traffic Controls, State of California, Department of Transportation. All appropriate safety precautions shall be taken.

B. All interruptions of normal pedestrian or vehicular traffic must be authorized on the permit. Police officers assigned to on-site supervision may further restrict operations based on safety concerns.

C. Traffic shall not be detoured without prior approval by the city.

D. Unless authorized by the city, camera cars shall be driven in the direction of traffic and shall observe all traffic laws.

E. Any emergency roadwork or construction by state or local government agencies and/or private contractors under permit or contract to the city shall have priority over filming activities.

(1961 Code, § 13C.12; Ord. 839)

For the convenience of the general public, all activity by a permittee between the hours of 10:00 p.m. and 6:00 a.m. may be restricted. As a condition of film permit approval, all surrounding residents and/or businesses within a three hundred (300) foot radius of the filming activity may be required to be notified of date(s) and time(s) in which late evening and early morning filming is to take place.

(1961 Code, § 13C.13; Ord. 839)

A. It shall be a condition of the issuance and continued validity of any film permit granted pursuant to this chapter that the permittee first obtain, pay for, and maintain a policy of general liability insurance approved as to form by the City Attorney which shall insure the city, its officers, and employees against any liability, or claims of liability, brought or made by or on behalf of any person for personal injury or property damage caused by or arising out of any negligent act or omission of either the permittee, his or her agents or employees, including any officers or employees of the city, or caused by or arising out of the condition of any city-owned or controlled property, whether real or personal, and occurring during the period and as a result of the activities for which such film permit was issued. The amount of coverage to be provided by such policy shall be determined by the City Manager. The permittee may satisfy the requirement imposed by this section through the presentation of a certificate of insurance, for at least the required amount of coverage, which indicates that, by endorsement thereto, the city, its officers, and employees have been added as additional insureds. Such certificates shall additionally provide that the required insurance will not be modified, changed, or terminated unless a written notice thereof has been transmitted to the City Clerk.

B. A bond/cash deposit may also be required for purposes of repairing any damage and restoring the city's facilities to their original condition. The amount shall be determined by the City Manager. In the event of such damage, the city shall provide written notice to the permittee specifying the damage to be repaired and/or city facilities to be restored within seven (7) days of receipt of said notice. If, after providing permittee with such written notice, the requested repairs and/or restoration of city facilities have not been commenced or completed, the city may draw upon the bond/cash deposit to effect said repairs and/or restoration of city facilities. In the event of damage requiring emergency repairs and/or restoration of city facilities by the city, the permittee shall be required to reimburse the city in full for all costs incurred within thirty (30) days receipt of invoice from city.

C. It shall be a condition of the issuance of any film permit granted pursuant to this chapter that the permittee shall agree to defend and to hold the city, its officers and employees harmless, from any and all claims and liability of any kind whatsoever resulting from or arising out of the issuance of such film permit.

(1961 Code, § 13C.14; Ord. 839)

Any film permit issued pursuant to the terms of this chapter may be subject to immediate suspension if it is found necessary for the protection of public health, safety, or general welfare. Such suspension shall only be instituted upon the recommendation of the city that immediate protective action is necessary. In the event of such a suspension, the City Manager shall within twenty-four (24) hours after the suspension: (1) cause to be served upon the film permit holder a written statement containing the grounds for suspension and a notice of hearing to show cause before the City Manager as to why the film permit should not be suspended pending revocation hearings; and (2) cause to be served upon the film permit holder a notice of revocation hearing before the City Council as provided in § 5.224.160. The hearing before the City Manager shall be held not later than five (5) days following the service of the notice to the film permit holder.

(1961 Code, § 13C.15; Ord. 839)

A. Any film permit granted or issued pursuant to the provisions of this chapter may be revoked after a public hearing before the City Council. A film permit may be revoked under the following circumstances:

1. Where it has been determined that the permittee has violated or has failed to comply with any of the terms or conditions of the film permit;

2. Where it has been determined that the permittee has violated or has failed to comply with any of the ordinances, resolutions, or applicable regulations of the city;

3. Where it has been determined that the film permit has been granted pursuant to false or fraudulent information contained in the film permit application;

4. Where it has subsequently been determined that filming activity will fail to meet the criteria enumerated in this chapter for granting a film permit; or

5. Where it has been determined that the preservation of the public health, safety, and general welfare-demand revocation of the film permit.

B. A notice of revocation shall be mailed to permittee, by certified mail, stating the grounds for revocation and providing a date within thirty (30) days of mailing of such notice for a public hearing before the Council. Upon the conclusion of the public hearing, the Council may, by resolution with findings, revoke or modify the film permit and the decision of the City Council shall be final and conclusive as to all matters in controversy.

(1961 Code, § 13C.16; Ord. 839)

Any filming, video taping, or related activity conducted contrary to the provisions of this chapter shall be and is hereby declared to be an unlawful action and a public nuisance. The city may commence an action at law or in equity in the name of the city in any court of competent jurisdiction against the permit holder to ensure compliance of the terms and provisions of this chapter. All remedies prescribed herein will be cumulative and the use of any one (1) or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter.

(1961 Code, § 13C.17; Ord. 839)