Delano Municipal Code Ch. 5.06 Motion Picture, Television and Still Photography Production

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

A. "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 films or from showing the films, tapes, or photos.

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

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

D. "Studio" means a fixed place of business where filming activities are regularly conducted upon the premises.

(Ord. 922 (part), 1991).

No person shall use any public or private property, facility or residence for the purpose of producing, taking or making any motion picture or television production or engaging in still photography without a permit issued pursuant to the provisions of this chapter.

(Ord. 922 (part), 1991).

Provisions of this chapter shall not apply to the following:

A. News Media. 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 interest;

B. Studios. Motion picture, television or photography studios operating at a lawfully established fixed place of business in the city;

C. Private Use. The filming, still photography or video taping of motion pictures solely for private family use;

D. Charitable Films. Productions which are conducted or carried on solely for a charitable purpose or for which no profit is derived, either directly or indirectly.

(Ord. 922 (part), 1991).

The provisions of this chapter are intended to augment and be in addition to any other ordinance of the city requiring additional permits or licenses or other fees.

(Ord. 922 (part), 1991).

Any person desiring a permit under the provisions of this chapter shall make application on a form prescribed and provided by the city manager or his designated representative. Application for a permit must be filed with the city manager or his designated representative a minimum of two working days in advance of the date the film activity is to begin; except that an application for a permit which includes traffic controls exceeding three minutes, minor stunts, or minor special effects shall be filed a minimum of four working days in advance of the date the film activity is to begin, and those which include street closures, major stunts or pyrotechnics must be filed a minimum of ten working days in advance of the first day of the filming activity.

The city manager or his designated representative may waive the requirement that applications be filed in advance as set out above when, in his opinion, neither the city nor the general public will be adversely affected.

(Ord. 922 (part), 1991).

Upon reasonable written notice by the permittee in advance of the filming activity the city may change the date for which the film permit has been issued.

(Ord. 922 (part), 1991).

A twenty-five dollar processing fee will be charged and collected for each application for a permit.

(Ord. 922 (part), 1991).

The city manager or his designated representative shall issue a permit as provided for in this chapter when, from a consideration of the application and from such other information as may be otherwise obtained, he finds that:

A. The conduct of such activity will not unduly interfere with traffic or pedestrian movement or endanger public safety;

B. The conduct of such activity will not unduly interfere with the 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 money or personnel that will not be reimbursed;

C. The conduct of such activity will not constitute a safety hazard and all proper safety precautions will be taken;

D. The conduct of such activity will not require the diversion of so great a number of police officers or other city personnel as to interfere with normal police protection of other areas of the city.

The decision of the city manager or his designated representative to issue conditionally issue, or not issue a permit shall be final.

(Ord. 922 (part), 1991).

If deemed necessary by the city manager or his representative additional police, fire or other city services shall be provided for the purpose of protecting, assisting, and regulating the proposed activity. The cost of providing such additional services shall be paid to the city by the applicant. A deposit for such services may be required by the city manager or his representative.

(Ord. 922 (part), 1991).

A. Prior to issuance of any permit, the city manager or his representative shall require that the applicant shall have obtained a comprehensive general liability insurance policy or policies in a form as approved by the city attorney, issued by an insurance company or companies authorized to do business in the State of California, with coverage which includes the permitted activities in the location in which the filming or taping activity shall occur and any other area used by the applicant. The city, its officers and employees, shall be named as additional insureds on the policy or policies. The policy limits of said insurance policy or policies shall not be less than one million dollars per occurrence combined single limit for both bodily injury and property damage. Said policy or policies shall also contain a provision that no termination, cancellation or change of coverage of insured or additional insured shall be effective until after ten days' notice thereof has been given in writing to the city clerk of the city.

B. Each person to whom a permit is issued hereunder shall agree to indemnify and hold harmless the city, its officers, agents, and employees, from and against all damages to property or injuries to or death of any person or persons, including officers, agents or employees of the city, and shall defend, indemnify and hold harmless the city, its officers, agents, and employees, from any and all claims, demands, suits, actions, or proceedings of any kind or nature, including, but not limited to workers' compensation claims of or by anyone whomsoever, in any way resulting from any act, or omission of such person, of such persons, officers, agents or employees.

C. The applicant shall conform to all applicable federal and state requirements for workers' compensation insurance for all employees operating under the permit.

(Ord. 922 (part), 1991).

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 to the city's satisfaction, the cost of such repair or restoration shall be reimbursed to the city by the applicant or paid from any bond deposited by the applicant.

(Ord. 922 (part), 1991).

To insure cleanup and restoration of the site, an applicant may be required to post a refundable performance bond, the amount of said bond to be determined at the time the application is submitted. Upon completion of filming and inspection of the site by the city, the bond may be returned to the applicant.

(Ord. 922 (part), 1991).

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

(Ord. 922 (part), 1991).

For filming that would impair traffic flow, an applicant must use California Highway Patrol (CHP), county sheriff or local law enforcement personnel and comply with all traffic control requirements deemed necessary.

A. An applicant shall furnish and install advanced 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 to one twelve-foot lane of traffic and/or stopped intermittently. The period of time the traffic may be restricted may be determined by the city, based on location.

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

D. Any emergency road work or construction by city or county crews and/or private contractors, under permit or contract to the appropriate department, shall have priority over filming activities.

(Ord. 922 (part), 1991).

During the filming of any special effect or stunt requiring the use of pyrotechnics or any material deemed hazardous, including, but not limited to, fireworks, open flames, or explosives, the applicant must obtain a fire permit from the county fire department.

(Ord. 922 (part), 1991).

A. If an applicant or any agents, employees or contractors of the applicant fail to comply with the requirements as set forth in this chapter or the terms and conditions as set forth in the permit issued pursuant thereto, the city will consider such violation a misdemeanor, and will revoke the applicant's permit.

1. Notice of the grounds for the revocation of the film permit shall be provided in writing by the city to the permit applicant or person in charge at the location of the filming activity.

(Ord. 922 (part), 1991).