Chapter 10 — COMMERCIAL MOTION PICTURE AND TELEVISION PRODUCTION FILMING

COMMERCIAL MOTION PICTURE AND TELEVISION PRODUCTION FILMING

For the purposes of this chapter, the following words and phrases shall be defined as hereinafter set forth.

"Motion picture," "television," and "still photographs" as used in this chapter, means and includes all activity attendant to staging or shooting commercial motion pictures, television shows or programs and commercials or conducting commercial photographic activity.

"News media" as used in this chapter, means the filming or videotaping for the purpose of spontaneous, unplanned television news broadcast by reporters, photographers or camera operations.

(Added by Ord. 1054, adopted 8-11-98)

No person shall make commercial motion pictures, television pictures, or commercial still photography within the City of Downey without first applying for and receiving a permit from the City Manager or his or her designee, provided that the provisions of this chapter shall not apply to or be construed to affect reporters, photographers or cameramen in the employ of a newspaper, news services, 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. The provisions of this chapter shall not apply to photographic or filming businesses that operate on an on-going basis in a studio building.

(Added by Ord. 1054, adopted 8-11-98)

• (a) An application for filming activity under this chapter must be completed and filed at least five days prior to the first day of filming proposed.

• (b) Each such application must include:

  • (1) The name of the owner, the address and telephone number of the filming company;

  • (2) The specific location and address of the filming activity;

  • (3) The inclusive hours and dates such activity will transpire;

  • (4) A general statement of the character or nature of the proposed filming activity;

  • (5) The name, address and telephone number of the person or persons in charge of such filming activity;

  • (6) A description of the use of any animals or pyrotechnics;

  • (7) Such additional information as the City Manager or his or her designee may reasonably require.

• (c) Each application for filming must be reviewed by the following City Departments or operations: Police, Fire, Public Works, Community Services, Community Development,

Building & Safety, and Finance. Each department shall indicate any conditions, requirements, or fees for which the applicant shall be responsible. The review by each department shall be conducted in accordance with the provisions of this chapter. (Added by Ord. 1054, adopted 8-11-98)

Fees for a filming permit shall be established by the City Council via a Resolution. (Added by Ord. 1054, adopted 8-11-98)

• (a) The City Manager or his or her designee is authorized and directed to establish rules and regulations related to the issuance of filming permits, based on the following criteria:

  • (1) The health and safety of all persons;

  • (2) Avoidance of undue disruption of all persons within the affected area;

  • (3) The safety of property within the City; and

(4) Traffic congestion at particular locations within the City. (Added by Ord. 1054, adopted 8-11-98)

§ 6909.1.

As part of the filming permit, the permittee will sign a Commercial Filming Agreement that includes all terms and conditions governing the operation of the permittee. Such agreement will be prepared by the City Manager, or his or her designee, in accordance with the provisions of this chapter.

(Added by Ord. 1054, adopted 8-11-98)

Notwithstanding any other provisions of this chapter, any permittee for a filming activity shall reimburse the City for all costs incurred by the City, the amount of which shall be determined by the City Manager or his or her designee, for any City personnel or equipment provided to assist or provide security or other services to the applicant for activities conducted under the permit. (Added by Ord. 1054, adopted 8-11-98)

Any applicant granted a permit pursuant to this chapter shall comply with all of the following conditions:

• (a) An applicant will be required to submit a permit request at least five working days prior to the date on which such person desires to conduct an activity for which a permit is required. If such activity interferes with traffic or involves potential public safety hazards, an application shall be required at least 10 working days in advance.

• (b) The permittee 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 cleared of trash and debris upon completion of shooting at the scene and restored to the original condition before leaving the site.

• (c) 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.

• (d) For filming that would impair or impact traffic flow, an applicant must use City law enforcement personnel and comply with all traffic control requirements deemed necessary by the Traffic Engineering section. Street or lane closures require submission and approval of a detailed traffic control plan at least five days prior to said closure. Traffic control requirements will be included in the Commercial Filming Agreement.

• (e) Prior to filming on City property or roadways, the permittee shall obtain the approval of the City Manager or his or her designee.

• (f) Prior to filming in a residential area, the applicant must obtain permission by a signed written statement from the adult occupant of at least 70% of the affected residences. The City Manager or his or her designee shall determine the addresses of the affected residences.

• (g) Prior to using any pyrotechnics, gunfire, sound effects, explosions, or other special effects, the permittee must fully describe the proposed use, which must be approved by the City Manager or his or her designee.

• (h) Filming conducted out of doors is restricted to the hours between 7:00 a.m. and 9:00 p.m. unless prior permission is granted by the City Manager or his or her designee. Filming conducted indoors is permitted during all hours provided there are no associated outdoor activities, and all other provisions of this Code are complied with.

• (Added by Ord. 1054, adopted 8-11-98)

• (a) A permittee shall conform to all applicable Federal and state requirements for Workers' Compensation Insurance for all persons operating under a permit.

• (b) Faithful Performance Deposit. To ensure cleanup and restoration of the site, an applicant shall be required to post a refundable cash deposit in the amount to be determined by the City Manager or his or her designee at the time the application is submitted. Upon completion of filming and inspection of the site by the City, the cash deposit shall be returned to the applicant.

• (c) Liability Insurance Coverage. The permittee must provide the City with liability insurance coverage in a form and amount established by the City Manager or his or her designee.

• (Added by Ord. 1054, adopted 8-11-98)

The proceedings set forth in Section 6404 of this Code shall apply to any applicant or permittee aggrieved by an adverse decision under this chapter. (Added by Ord. 1054, adopted 8-11-98)