Chino Municipal Code Ch. 5.48 Filming, Photography, Videography and Television Productions

For the purpose of this section certain words and phrases shall be construed as set forth, unless it is apparent from the context that a different meaning is intended.

A. "Motion picture, television, still photography" means and include all activity attendant to staging or shooting commercial motion pictures, television shows, commercials or programs, and commercial still photography.

B. "Charitable films" means 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.

C. "News media" means the filming, video taping or still photography for the purpose of spontaneous, unplanned television news broadcast by reporters, photographers or cameramen.

(Ord. 89-24 § 2, 1990.)

It is the policy of the city to permit the motion picture and television production industry to utilize the variety of backdrops afforded within the city as location for filming, photography or videography in motion picture, television productions, and still photography so long as the use of locations within the city does not unreasonably interfere with the public health and safety or unreasonably endanger any property. It is the purpose of this section to provide for rules and regulations governing the issuance of permits for filming, photography or videography on locations within the city in order to ensure that motion picture production companies, television production companies and commercial still photographers wishing to use locations within the city will not be unduly restricted so long as their activities in this regard are not inconsistent with considerations of the public health and safety and the protection of property.

(Ord. 89-24 § 3, 1990.)

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 the city manager or his designee.

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 or still photography solely for private-family use. This provision exempts video production companies and still photographers from all sections of this chapter when providing photography or videography services for private family use, or other commercial studio still photography uses, i.e., wedding and studio portraits.

3. Charitable Films. Projects which qualify under Section 501 (C)(3) of the Internal Revenue Code will be exempt from paying any additional permit fees. All charitable projects, however, must complete the required permit form, and comply with all other sections of this chapter.

4. The city's current franchised cable television company(ies) will be exempt from paying any additional permit fees. The cable company, however, must complete the required permit form, and comply with all other sections of this ordinance.

5. Any person who is producing a video production as part of an educational/classroom project will be exempt from paying the business permit fees. However, the permittee will be held responsible for all other costs incurred by the city for staff time, police crowd control, and related costs. All requests for exemptions under this subsection will require the permittee to submit a letter on the letterhead of the school district or other educational agency, signed by the instructor and head administrator of the school for which the project is being completed as part of the classroom instruction. The letter must be received by the city prior to issuance of the permit and commencement of project production. Specifically. the letter shall also contain the following information:

a. The names of students involved in the production;

b. The instructor responsible for production;

c. The dates of production;

d. That the project is part of classroom instruction;

e. A complete description of the production.

(Ord. 92-31, 1992; Ord. 89-24 § 4, 1990.)

A. Change of Permit Date. Upon 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 his designated representative is hereby authorized and directed to present rules and regulations, subject to the approval by resolution of the city council, governing the form, time, location, conditions, and all related fees.

(Ord. 89-24 § 5, 1990.)

A. Issuing Authority. The issuing of permits shall be administered by the department of management services business license division.

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, photography or videography activity;

5. The name, address and telephone number of the person or persons in charge of such location filming, photography or videography activity;

6. The exact number of personnel to be involved;

7. Use of any animals, pyrotechnics, stunts or special effects;

8. The exact amount, type of vehicles and equipment to be involved;

9. A description of the impact to or upon public property (i.e., streets, alleys, parks, etc.) and duration relative to the requested permit; and

10. Such other information as the city manager or his designee may deem necessary or desirable.

C. Requirement for Use and Reimbursement for Personnel. The production company shall be required to use city or fire district employees and reimburse the city for any personnel (i.e. police, fire, public works) provided to the company for the purpose of assisting the production as deemed necessary and required by the city. This cost will be calculated as stated in the user fee schedule.

D. A city business license must be obtained by the applicant in addition to the filming, photography and videography permit.

(Ord. 89-24 § 6, 1990.)

A. Liability Insurance. It shall be a condition of the issuance and continued validity of any permit granted pursuant to this section that the applicant first obtain, pay for and maintain a policy of general liability insurance approved in an amount and 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 acts or omissions of the applicant, his 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 permit was issued. The amount of coverage to be provided by such policy shall be not less than one million dollars combined single limit. The applicant 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 insured. 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 permanent file.

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. Indemnity. It shall be a condition of the insurance of any permit granted pursuant to this section that the applicant shall agree to defend and to hold harmless the city and its officers and employees from any and all claims of liability of any and all kind whatsoever resulting from or arising out of the issuance of such permit and the subsequent permit activity.

D. Faithful Performance Bond. To ensure cleanup and restoration of the site, an applicant may be required to post a refundable faithful performance bond or deposit approved in an amount and as to form by the city attorney at the time the application is submitted to the city. The amount of the bond or deposit to be provided by such policy shall be not less than one thousand dollars. Upon completion of the permit activity and inspection of the site by the city, the bond or deposit may be returned to the applicant. The city shall reserve any and all judgment on site restoration. Furthermore, the applicant shall have no recourse against the city whatsoever for a performance bond or deposit withheld either in full or in part.

(Ord. 89-24 § 7, 1990.)

If an applicant violates any provision of this chapter, rules and regulations, or permit issued pursuant thereto, the city may cancel the permit. The applicant shall forfeit any and all moneys paid to the city as a result of the canceled permit. Violation of the chapter, rules and regulations, or terms and conditions of the filming, photography and videography permit, or permit issued pursuant thereto, is considered a misdemeanor.

(Ord. 89-24 § 8, 1990.)