Colton Municipal Code Ch. 5.38 Film Permits

For the purposes of this chapter, the Following words or phrases Shall have the meanings as set out herein.

"Charitable Films" means Motion Pictures 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 film, tapes or photos.

"Chief of Police" means Chief of Police or his Designee.

"City" means any Department or staff.

"City Manager" means City Manager or his Designee.

"Film Permit" means that Permit required to be obtained from the City prior to engaging in staging or shooting Motion Pictures within the City boundaries.

"Motion Pictures" means and include all activity attendant to staging or shooting commercial Motion Pictures, television shows or programs, video tapes, documentaries, advertisements or commercials and still photography.

"News Media" means the filming, televising or video taping for the purpose of spontaneous, unplanned television news broadcast by reporters, photographers or cameramen.

"Production Company" means any entity or individual writing, editing, recording or shooting Motion Pictures, Charitable Films or Student Films within the City boundaries.

"Student Films" means Motion Pictures produced as Part of the instructional program of an accredited School or college.

(Ord. 0-3-99 § 1 (part), 1999)

A. No Production Company Shall Use any public or Private Property Facility or residence for the purpose of making Motion Pictures without first obtaining a filming Permit from the City unless exempt under Section 5.38.070, Permit exemptions.

B. The City Council may, at such time as they deem necessary, establish a Permit issuance Fee. Such Permit issuance Fee Shall not exceed the reasonable cost of issuing the Permit, and Shall be in addition to any Fee payable for the Use of Public Property for such purposes.

(Ord. 0-3-99 § 1 (part), 1999)

A. Filing.

1. Applications Shall be filed at least three Business Working Days prior to initiating any staging or production on the identified location.

2. The Film Permit issuing authority Shall be the City Manager.

3. Applications May be obtained and Shall be filed with the City Manager's Office or the official Designated by the City Manager as the Film Permit coordinator.

B. Fee Schedule.

(Ord. 0-3-99 § 1 (part), 1999)

A. The Production Company Shall reimburse the City for City personnel provided to the company (i.e., police, utilities, fire and Streets) for the purpose of assisting the production.

B. A deposit May be required based on the City Department staffing and activity, referred to in subsection A of this section, if the actual cost cannot be determined prior to the start of the production.

(Ord. 0-3-99 § 1 (part), 1999)

A. Rules. As the issuing authority for the City, the City Manager is authorized and directed to promulgate rules and regulations, governing the form, time and location of any Motion Picture activity set forth within the City. All the rules and regulations governing the Motion Pictures 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 selected area;

3. The safety of Property; and

4. Traffic congestion at selected locations.

B. Regulations.

1. The Production Company Shall be required to submit a Film Permit Application request at least three Business Working Days prior to the date on which such entity desires to conduct an activity for which the Film Permit is required. Should any Part of the activity interfere with traffic or involve potential public safety hazards, the City Manager May require at least fifteen Working Days Notice in advance to issue the Film Permit.

2. No Motion Pictures, including set up, dismantling or other production activity Shall be done before six a.m. or after ten p.m. Should the Production Company requests to film outside these hours (i.e., earlier than six a.m. or later than ten p.m.), in a residential area, the Production Company is required to notify the affected parties (e.g., neighbors) three Days prior to initiating production. This Notice Must include the date(s), hours, company, and contact name and telephone number in order to accommodate any telephone inquiries.

3. The Production Company Must note the Use of gunfire, explosions, sirens, public address systems, animals, bullhorns, or other Noise-creating devices on the Application. Such Uses May require the City assign standby personnel to the site (Section 5.38.030). Failure to notify the City regarding these types of Uses May result in immediate suspension or revocation of the Film Permit by the City Manager.

4. The Production Company Shall conduct operations in an orderly fashion with continuous attention to the storage of equipment and the cleanup of trash and debris. The area Used Shall be clean of trash and debris upon completion of production at the site and restored to its original state before leaving the site.

5. The Production Company Shall obtain the Property Owner's Written Permission and/or lease for Use of Property not owned or controlled by the City. Written Permission Must be received from affected Property Owners and Tenants at least three Business Working Days in advance of initiating production. Said Written authorizations Shall be available for review by the City when deemed necessary.

6. A parking plan Shall be submitted for all Vehicles parked on the City Streets and roads. This parking plan Shall be Attached to the Application when submitted to the City Manager or his Designee for review. Prior to parking equipment, trucks, and/or cars in no parking zones, the Production Company Shall obtain proper clearance from the Chief of Police.

7. When filming in a Flood control channel the Production Company Must vacate the channel when the Permit indicates, to allow for water releases. When filming in or on Flood control Properties, the Flood control agency Must be named as an additional insured.

8. For Motion Pictures that would impair traffic flow, the Production Company Shall consult with and comply with the orders of the Chief of Police. As deemed necessary or requested by the Chief of Police, the Production Company 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 Must be taken and Approved by the Chief of Police.

9. For Student Films, the Production Company Shall submit a letter Written on School letterhead by a School Administrator or instructor stating the Applicant is currently enrolled in a recognized U.S. Education Institution. This letter Shall indicate the Motion Picture is not for commercial release and that the Production Company agrees in writing to pay the City all waived Fees in the event the Motion Picture is released for Commercial Purposes.

(Ord. 0-3-99 § 1 (part), 1999)

Upon the request of the Production Company, the City Manager 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.

(Ord. 0-3-99 § 1 (part), 1999)

A. The provisions of this chapter Shall not apply to or affect reporters, photographers and/or cameramen in the employ of a newspaper, news service, or similar entities 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.

B. The production of Motion Pictures solely for private-Family Use.

C. The production of Motion Pictures for Use by the City of Colton.

D. The production of Charitable Films.

E. The production of Student Films.

(Ord. 0-3-99 § 1 (part), 1999)

A. Liability Insurance. Before issuing a Permit, a certificate of insurance will be required in an amount not less than one million dollars naming the City as a co-insured for protection against claims of third Persons for personal injuries, wrongful deaths, and Property damages. The City Officers and Employees Shall be named 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 file.

B. Workers Compensation Insurance. The Production Company Shall comply with all applicable Federal and State requirements for workers compensation insurance for all Persons operating under a Permit.

C. Hold Harmless Agreement. The Production Company Shall execute a hold harmless agreement as provided by the City prior to the issuance of the Film Permit.

D. Faithful Performance Bond. To ensure cleanup and restoration of the site, the Production Company May be required to post a refundable faithful performance bond (amount to be determined based on the activity) at the time Application is submitted. Upon completion of production at the site and inspection of the site by the City, the bond May be returned to the Responsible Party.

(Ord. 0-3-99 § 1 (part), 1999)

A. Failure to comply with the terms of the Film Permit Shall constitute grounds for its revocation by the City Manager or Designee.

B. Violation of the terms and conditions of the Film Permit or Violations of any provision of this chapter is considered a misdemeanor.

(Ord. 0-3-99 § 1 (part), 1999)