Burbank Municipal Code Art. 20 Film PERMITS5

3-4-2001: DEFINITIONS:

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

“CHARITABLE FILMS” shall mean commercials, motion pictures, television, digital media 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 Charitable Film or from showing the Charitable Films, tapes, or photos.

“CHIEF OF POLICE” shall mean the Chief of Police of the City of Burbank, or the Chief’s designee.

“NEWS MEDIA” shall mean Filming Activities conducted by agents or employees of any organization whose main purpose is the dissemination of news, current or recent events or happenings, including but not limited to newspapers, news services, television or cable news shows or similar forums. This will also include spontaneous, unplanned television news broadcasts (breaking news) or reporting for print media by reporters, photographers or camerapersons.

“STUDIO” shall mean a fixed place of business certified as such by the City of Burbank Fire Department as either an “Approved Production Facility” or a “Production Studio,” as defined in the California Fire Code, Chapter 48, Sections 4801 et seq. (as may be amended), where Filming Activities (motion or still photography) are regularly conducted upon the premises. “STUDIO” shall not include a “Production Location” as defined by the California Fire Code, which is any area or facility outside a Studio used for the purpose of conducting Filming Activities. [Added by Ord. 19-3,920, eff. 11/1/19.]

3-4-2002: PERMITS AND EXEMPTIONS:

A. Permit required: No person shall use any public or private property, facility or residence for the purpose of engaging in Filming Activities without first applying for and receiving a permit from the Chief of Police.

B. Exemptions: No film permit shall be required for any of the following Filming Activities:

1. News Media: The provisions of this Article shall not apply to or affect reporters, photographers or camerapersons 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.

2. Personal/Family Video: The recording of visual images (motion or still photography) solely for private personal use, and not for commercial use unless extraordinary circumstances are involved as defined in the Film Permit Rules and Regulations.

3. Studio Filming: Filming Activities (motion or still photography) conducted at a Studio.

4. City Filming: Filming Activities conducted by the City or on their behalf. [Added by Ord. 19-3,920, eff. 11/1/19.]

3-4-2003: RULES AND REGULATIONS:

A. Rules: The Chief of Police is hereby authorized and directed to promulgate reasonable rules and regulations, subject to approval by the City Attorney or their designee, governing the form, time, and location of any film activity set forth within the City. The Chief of Police will 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.

B. Applicants/permittees shall comply with the rules and regulations and any modifications thereto.

C. A copy of the most current version of the rules and regulations shall be kept at the City Clerk’s Office and the Burbank Police Department, and posted on the City’s website at all times. [Added by Ord. 19- 3,920, eff. 11/1/19.]

3-4-2004: APPLICANTS AND ISSUANCE:

A. Issuing Authority: The issuing authority shall be the Chief of Police.

B. Applications: The following information shall be included in the application:

1. The representative of the property and their email address and cell phone number, as well as the address, email address and telephone number of the place at which the Filming Activities are to be conducted;

2. The specific location at such address or place;

3. The inclusive hours and dates when the Filming Activities will occur;

4. A general statement describing the character or nature of the proposed Filming Activities;

5. The name, address, email address, and cell phone number of the person or persons in charge of such Filming Activities;

6. The exact number of personnel to be involved;

7. Activity which may cause public alarm, such as the use of any animals, gunfire or pyrotechnics, low flying helicopters and/or unmanned aircraft systems (drones);

8. The exact amount/type of vehicles/equipment to be employed along with a parking plan; and

9. All applicable documentation (remote pilot certificate, UAS registration certificate, waivers, description of flight operations, etc.) if a UAS (drone) is being used.

C. Fee Schedule: The City may adopt a fee schedule for issuance of film permits.

D. Reimbursement for Personnel: The permittee shall reimburse the City for any personnel provided to the permittee (e.g., police, fire, traffic) for the purpose of assisting the Filming Activities.

E. Change of Date: Upon the request of the applicant, the Chief of Police will have the ability, 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. [Added by Ord. 19-3,920, eff. 11/1/19.]

3-4-2005: LIABILITY PROVISIONS:

A. Liability Insurance: Before a permit is issued, a certificate of insurance will be required in an amount established in the Rules and Regulations, naming the City of Burbank, as 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 of Burbank its officers, employees, agents, and volunteers, shall also be named as additional insureds. An applicant must provide evidence of insurance coverage that will not expire until the completion of all planned Filming Activities, including the strike and restoration of all locations. A copy of the certificate will remain on file. The required insurance shall be maintained by the applicant/permittee for the duration of the film permit and the applicant/permittee shall notify the City immediately, and cease all Filming Activities, if any required insurance coverage is cancelled prior to the expiration or termination of the film permit. The provisions of Section 3-6-302 shall not apply to the insurance coverage required by this Article in connection with the issuance of film permits.

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 film 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 when conducting Filming Activities on City-owned property (amount to be determined by the City). Upon completion of filming and inspection of the site by the City, if no verifiable damage has occurred, the security deposit shall be returned to the applicant. If damage has occurred to the property, the applicant/permittee shall pay for and repair the property to the reasonable satisfaction of the City, and the security deposit shall be returned in full upon the completion of such repairs. If the applicant/permittee fails to complete such repairs within a reasonable time, the City may repair such property and deduct the City’s actual repair costs from the security deposit, and the applicant/permittee shall pay for any difference in the City’s actual repair costs where such costs exceed the amount of the security deposit. [Added by Ord. 19-3,920, eff. 11/1/19.]

3-4-2006: VIOLATION:

If a person or entity violates any provisions of this ordinance or a film permit issued pursuant thereto, the City may provide the applicant/permittee with verbal or written notice of such violation. If the applicant/permittee fails to correct the violation, the City may revoke the film permit and all Filming Activities must cease. In addition, the matter may be referred to the City Prosecutor for criminal prosecution, as an infraction or misdemeanor. [Added by Ord. 19-3,920, eff. 11/1/19.]