Compton Municipal Code § 9-27 Motion Pictures, Television and Photographic Production

[Added 7-2-2019 by Ord. No. 2312]

This section shall be known as the "Motion Pictures, Television and Photographic Production Ordinance" of the City of Compton.

[Added 7-2-2019 by Ord. No. 2312]

This section is to establish administrative rules and regulations for the review and issuance of filming permits for motion picture, television and photographic production in the City of Compton. The intent of this section is to facilitate and regulate the time, place and manner of such filming activity and to mitigate the potential impact filming activities may have on residents and business owners.

[Added 7-2-2019 by Ord. No. 2312]

For purposes of this section, the following definitions shall apply:

CHARITABLE FILMS

Commercials, motion pictures, television (digital, film or tape) 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.

CITY PERMIT COORDINATOR

The City employee or body designated by the City Manager as responsible for issuing permits pursuant to this section.

FAMILY VIDEOS

The filming, videotaping of motion pictures or taking of photographs solely for private and/or family use.

FILM

Includes, but not be limited to feature motion pictures, video recordings, television motion pictures, commercials, digital media and still photography.

FILMING ACTIVITY

All activity attendant to staging or shooting commercial motion pictures, television shows or programs, web-based media, commercials and the taking of single or multiple photographs for sale or commercial use where the photographer sets up stationary equipment in any one location for longer than five consecutive minutes. "Filming activity" also includes filming of commercial radio station promotional events.

FILMING LOCATION

Actual property or properties at which any filming activity is performed.

NEWS MEDIA

An individual or individuals or organizations filming or videotaping for the purpose of breaking, spontaneous, unplanned reporting of news events concerning those persons, scenes or occurrences which are in the news and of general public interest by reporters, photographers or camera persons in the employ of a newspaper, television station, news service or similar entity.

PREPARATION (PREP)

The work day or days preceding filming activities. These activities may include, but are not limited to, set construction, dressing, painting, landscaping and/or rigging for stunts and special effects.

PRODUCTION

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

STRIKE

The work at a filming location that includes the removal of equipment at the end of filming activities. These activities may include, but are not limited to, set removal, re-painting, re-landscaping and/or un-rigging from stunts and special effects.

STUDENT FILMS

The motion pictures, television programs or commercials or still photography produced to satisfy a course or curriculum requirement at an educational institution. The student filmmaker must supply proof that he/she is currently enrolled.

STUDIO

A legally established commercial motion picture/television/still photography place of business where filming activities (motion or still photography) are regularly conducted inside a studio/stage on the premises.

[Added 7-2-2019 by Ord. No. 2312]

a. No person shall use any public or private property, building, facility or residence for the purpose of filming activity, including but not limited to producing, making or taking commercial motion pictures or television pictures (digital, film or tape) or commercial still photography, without first applying for and receiving a permit from the City.

b. Except where otherwise indicated herein, the provisions of this section shall not apply to the following:

1. Noncommercial filming, videotaping or photography activities conducted solely for private or family use;

2. Filming, videotaping or photography activities conducted for spontaneous, unplanned or breaking news purposes, as defined herein;

3. Filming activities conducted for use in a criminal investigation or civil or criminal court proceeding;

4. Filming activities conducted for education, government, public access and local origination programs for cable television systems franchised within the City;

5. Any activity deemed to be in the public interest by the City Manager of his/her designee; or

6. Studio filming.

c. Nothing in this section shall limit the right of the City to suspend filming or videotaping activities exempted herein when found necessary for the protection of the public health, safety or general welfare, and when such filming activity poses an immediate hazard to persons and/or property.

[Added 7-2-2019 by Ord. No. 2312]

a. Permit Applications. Any person desiring a permit under the provisions of this section shall submit the following to the City Permit Coordinator:

1. A completed application for a permit on a form provided by the City. The form must be signed and accompanied by a nonrefundable permit application fee and security deposit (unless exempted pursuant to § 9-27.6), and if applicable, written permission of private property owner(s), as required by this section and the City's administrative rules and regulations before the permit will be processed. Each application must include:

(a) The name, address, telephone number and email address of the applicant or duly authorized representative, the location manager and, if available, of the director, first assistant director and/or the unit production manager;

(b) The name, address, telephone number and email address of the individual or production company to whom the permit is to be issued;

(c) The name, address, telephone number and email address of the owner or representative of the property at which the activity is to be conducted;

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

(e) The inclusive hours and dates such activity will occur, including but not limited to the preparation and cleanup of the location;

(f) A general statement of the character or nature of the proposed filming activities, including any other activity which would affect the use of public facilities in the area;

(g) The estimated number of personnel to be involved;

(h) If applicable, a statement indicating that the applicant intends to use either animals, chemicals, explosives, fire or pyrotechnics or intends to engage in any other hazardous activities such as stunts;

(i) The exact amount/type of vehicles/equipment to be involved;

(j) The location of a base camp for the production, if any; and

(k) Such additional information as the City may deem necessary.

2. Permit fee as established by City Council ordinance or resolution and other applicable deposits as described in Subsection 9-27.6.

3. If determined to be necessary by the City Permit Coordinator, written evidence of permits and/or conditions with other public agencies as may be required upon submission of an application for a permit. Requirements of these responsible agencies shall be requirements of this permit. Examples of such agencies include, but are not limited to, the California Highway Patrol, the Los Angeles County Sheriff's Department, Federal Aviation Administration, the Compton Fire and Public Works Departments.

4. Any other information as required by the City's administrative rules and regulations.

b. Permit Issuance.

1. The City Permit Coordinator shall be responsible for the issuance of permits under this section, when, from a consideration of the application and from such other information as may be otherwise obtained, he/she finds that:

(a) The conduct of such activity will not unduly interfere with traffic or pedestrian movement or endanger public safety and that no streets will be completely closed to traffic for an unreasonable period of time;

(b) The conduct of such activity will not unduly interfere with normal governmental or City operations, threaten to result in damage or detriment to public property, or result in the City incurring costs or expenditures in either money or personnel not reimbursed in advance by the applicant; and

(c) At the determination of the City's Public Works Department, as well as the City's authorized law enforcement agency, City Fire Department and the City Engineer, as required, that the condition of such activity will not constitute a fire hazard or any other type of hazard and all proper safety precautions will be taken as determined by the Department Director(s) or their designee(s).

2. The City Permit Coordinator may impose any conditions found necessary to protect the public's health, safety and welfare. The permittee shall comply with any conditions or restrictions the City may impose as a condition to issuing a permit. No changes to such conditions shall be made without first obtaining the City Permit Coordinator's prior written approval. Failure to comply with the terms and conditions of a permit shall be grounds for permit revocation by the City.

3. Following issuance of a permit under this section, the permittee shall notify residents and businesses within a 500-foot radius of the location of the proposed filming activity by distributing a fully completed "Filming Location Notification Form," including the production company's contact telephone numbers, at least 24 hours prior to the first day of filming activity. Notification is not required for still photographic productions with cast and crew of less than 10 people.

4. The decision of the City Permit Coordinator to issue, conditionally issue or not issue a permit shall be final unless appealed pursuant to Subsection 9-27.9.

c. Permit Processing. Review and processing of a completed application shall be completed, when reasonably possible, within four to eight City business days of submission, unless an extension of time is agreed to in writing by an applicant. The processing of a film permit application submitted for a small or routine request should generally be conducted within four City business days, but may be extended beyond that time based on a reasonable determination made by the City Permit Coordinator. The processing of more complex or multi-faceted permit applications may extend beyond the four to eight City business days, but within a reasonable period of time. When an applicant does not agree to extend the permit application review process beyond the four to eight City business days, the City Permit Coordinator is authorized to deny the application and to refund all monies paid by the applicant with a letter describing the reasons for denial.

d. General Permit Conditions. Any applicant granted a permit pursuant to this section shall comply with all of the following conditions:

1. The applicant shall conduct operations in an orderly fashion with continuous attention to the storage of equipment not in use and the cleanup of trash and debris. The area used shall be cleaned of trash and debris upon completion of shooting at the scene and restored to the original condition before leaving the site.

2. An applicant is required to obtain the property owner's written permission, consent and/or lease for use of property not owned or controlled by the City.

3. If the applicant must park equipment, trucks and/or cars in zones that will not permit it, temporary "No Parking" signs shall be posted by the applicant, if required by the City. The applicant must also obtain permission to string cable across sidewalks or from a generator to a service point.

4. For filming that would impair traffic flow, an applicant must use the City's authorized law enforcement agency personnel and comply with all traffic control requirements deemed necessary.

(a) 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 must be taken.

(b) Traffic may be restricted by lane closure(s) and/or stopped intermittently. The period of time that traffic may be restricted will be determined by the City, based on location.

(c) Traffic shall not be detoured across a double line without prior approval of the appropriate City department representative.

(d) Unless authorized by the City, camera cars must be driven in the direction of traffic and must observe all traffic laws.

(e) Emergency road work or construction by City crews, other governmental entities, public utilities and/or private contractors, under permit or contract to the appropriate department shall have priority over filming activities. However, at the City's discretion, the City shall attempt to work with the permittee to find an equitable solution, if possible.

(f) No relocation, alteration or moving of City-owned structures or property will be permitted without prior approval.

5. City fire safety officers or advisors may be required if warranted by the activities; such as use of special effects, indoor filming, large crews, projectile pyrotechnics and filming during fire season or in fire-sensitive areas.

6. Compliance with the City's administrative rules and regulations.

[Added 7-2-2019 by Ord. No. 2312]

Each application for a permit shall be accompanied by:

a. A security deposit, in an amount established by City Council ordinance or resolution, to ensure cleanup and restoration of the site of the filming activity. The deposit, in full or part thereof, may be returned to the applicant upon completion of filming activity and inspection of the site by the City; and

b. A nonrefundable permit application fee in an amount established by ordinance or resolution of the City Council to reimburse the City for staff time required to evaluate and process the application and establish conditions of approval and to monitor the activity.

c. The security deposit and permit application fee shall not apply to or affect:

1. City-produced or City-sponsored government or educational access productions;

2. Student films; and

3. Productions by charitable organizations that have been issued 501(c)(3) status by the Internal Revenue Service and are in good standing.

d. If deemed necessary by the City Permit Coordinator, additional law enforcement agency, code enforcement, film monitor and/or other City services shall be provided for the purpose of assisting, regulating or providing security or protection to the applicant and/or public for the proposed activities conducted under the permit, at a cost billed to the permittee. The cost of providing such additional services shall be paid in advance to the City by the permittee. Additional City services shall be provided/coordinated through the City Permit Coordinator. Additionally, if City property is destroyed or damaged by reason of permittee's use, event or activity, the permittee shall reimburse the City the actual replacement or repair cost of the destroyed or damaged property.

[Added 7-2-2019 by Ord. No. 2312]

If the permit application is approved, before the permit shall be issued, the applicant/permittee (both for-profit, nonprofit and student filming activities) shall submit the following:

a. Liability Insurance. If the activity will be conducted on public property, a certificate of insurance shall be submitted evidencing the following: 1) general liability with limits no less than $1,000,000; 2) auto liability, if applicable, with limits no less than $1,000,000; 3) workers' compensation coverage as required by law; and 4) employer's liability with limits no less than $1,000,000. The general liability and auto liability policies shall name the City, its officials, officers, employees, agents and volunteers as additional insureds to protect the City against claims of third persons for personal injuries, wrongful death and property damage and to indemnify the City for damage to City property arising out of the permittee's activities. An additional aggregate may be required for the use of pyrotechnics or when other conditions warrant greater insurance liability. Such policy(ies) shall be provided by an insured permitted to do business in the State of California and shall not be subject to cancellation or modification until after 30 days written notice to the City.

b. Hold Harmless Agreement. An applicant must execute and submit a hold harmless agreement in a form approved by the City Attorney, agreeing to defend, indemnify and hold harmless the City, its officials, officers, agents, employees and volunteers against losses and liabilities incurred from the activities of the permittee or issuance of the permit.

[Added 7-2-2019 by Ord. No. 2312]

a. A permit may be revoked by the City for any of the following reasons:

1. Misrepresentation(s) on the permit application, including but not limited to the type or manner of film production, the location of activity or the parameters or the need for stunts or special effects.

2. Any violations of the local, state or federal law, and/or the City's administrative rules and regulations for filming activity.

3. Any violation of the conditions imposed on the permit.

b. The City's authorized law enforcement agency, City Fire Department, Code Enforcement and/or the City Permit Coordinator are authorized to suspend any filming activity not authorized by the necessary permit or when permit conditions are violated or where the City's filming rules and regulations, laws or ordinances are violated. A written notice of suspension shall be provided to the permittee and the City Permit Coordinator within 24 hours of the suspension.

1. Depending on the nature of the violation, the City may issue a verbal or written notification to the permittee demanding that the violation(s) be immediately addressed and corrected before a suspension or revocation of the permit.

c. The decision of the City Permit Coordinator to revoke a City film permit shall be final unless appealed pursuant to Subsection 9-27.9.

[Added 7-2-2019 by Ord. No. 2312]

The decision of the City Permit Coordinator to issue, conditionally issue, not issue, suspend or revoke a permit may be appealed in writing to the City Manager within two City business days of the decision. The appeal must include copies of all pertinent material necessary to support the permittee's position on appeal. The appeal shall be heard by the City Manager, or his/her designee, within two City business days after the appeal is filed and he/she shall render a decision within two City business days after the appeal hearing. Any actions of the City Manager shall be final.

[Added 7-2-2019 by Ord. No. 2312]

a. Change of Date. Upon the request of the applicant, submitted a minimum of 24 hours in advance, the City Permit Coordinator or his/her designee 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/her designee is authorized and directed to promulgate rules and regulations, subject to approval by resolution of the City Council, governing the time, place and manner of any film activity within the City. The rules and regulations shall be based upon the criteria set forth in this section.

[Added 7-2-2019 by Ord. No. 2312]

a. Notwithstanding any other provision of the Compton Municipal Code to the contrary, any person who has been issued a filming permit or any person responsible for conducting filming activities within the City of Compton without first obtaining a filming permit, causes or permits a violation of any provision of this section, or who fails to comply with any obligation or requirement of this section, is guilty of a misdemeanor violation, or at the discretion of the City Attorney, an infraction, punishable in accordance with § 1-6 of Chapter 1 of the Compton Municipal Code.

b. This section does not exclusively regulate filming activity in the City, and the remedies provided in this section are in addition to other applicable remedies and penalties authorized by the Compton Municipal Code, or by the laws of the State of California or of the United States.