Duarte Municipal Code Ch. 5.40 Motion Pictures, Television and Radio Broadcasting

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

B. Reserved.

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

D. "User fee" means the fee charged for use of public property for filming purposes.

E. "Permit fee" means the fee charged for the actual processing of a film permit on either private or public property.

(Ord. 659 § 1 (part), 1989: Ord. 72 § 86(a), 1960)

(Ord. No. 837, § 1, 7-10-2012)

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 of Duarte.

B. 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) Private use: The filming or video taping of motion pictures solely for private family use;

(3) Cable access corporation: The filming or video taping by the Duarte Public Cable Access Corporation;

(4) Public entities: The filming or video taping by a public entity on its own premises or property.

(Ord. 659 § 1 (part), 1989: Ord. 72 § 86(b), 1960)

(Ord. No. 837, § 1, 7-10-2012)

A. ISSUING AUTHORITY. The issuing authority shall be the director of community services or his or her designee.

B. APPLICATIONS. Applicants shall be required to complete an application form prescribed by the director of community services. The application shall include information deemed necessary by the director of finance.

C. FEES. Permit fees shall be imposed as established by resolution of the city council.

Public property use fees shall be imposed which reasonably reflect actual costs to the city incurred by the use of the public property.

D. REIMBURSEMENT FOR PERSONNEL. The production company shall reimburse the city for any personnel provided to the company (i.e., police, fire, traffic) at city's expense for the purpose of assisting the production.

(Ord. 781 § 1 (part), 2006; Ord. 659 § 1 (part), 1989: Ord. 72 § 86(c), 1960)

(a) CHANGE OF DATE. Upon the request of the applicant, the issuing authority shall have the power, upon a showing of good cause, to change the permit issue date provided established limitations are complied with in respect to time and location.

(b) RULES. The director of community development or authorized designee shall prepare filming rules and guidelines governing the form, time, and location of any film activity within the city and providing for the issuance of permits. The filming rules and guidelines shall be approved by the city council by resolution. The filming rules and guidelines may be amended by resolution of the city council from time to time.

(1) ADVANCE NOTICE FOR APPROVAL. An applicant will be required to submit a permit request at least three 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 may be required at least five working days in advance.

(2) CLEAN UP. 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 cleaned of trash and debris upon completion of shooting at the scene and restored to the original condition before leaving the site.

(3) FILMING ON PRIVATE PROPERTY. An applicant is required to obtain and show proof prior to the issuance of a permit of the property owner's permission, consent, and/or lease for use of property not owned or controlled by the city.

(4) FLOOD CONTROL. Applicants must obtain appropriate permits from the Los Angeles County Flood Control District or the United States Army Corps of Engineers when filming in a flood control channel. An applicant must vacate a channel when a permit indicates that they do so because of water releases. When filming in or on flood control properties, the permitting agency must be named as an additional insured on the liability insurance certificate.

(5) PUBLIC WORKS DEPARTMENT (ROADS AND STREETS). The applicant shall obtain permission from the city if the applicant must park equipment, trucks, and/or cars in zones that do not normally permit parking. The applicant shall be responsible for posting all signs, delineations, barricades, etc., where required by the city in order to accommodate such parking. The applicant must obtain permission from the city to string cable across sidewalks or to run cable from a generator to a service point. The applicant shall not block driveways without obtaining written permission from the property owner.

(6) TRAFFIC CONTROL. For filming that will impair traffic flow, an applicant shall use California Highway Patrol, Los Angeles County Sheriff, or local law enforcement personnel to assist in traffic control and shall comply with all traffic control requirements.

(A) An applicant shall furnish and install advance warning signs and any other traffic control devices in conformance with the "Work Area Traffic Handbook." All appropriate safety precautions shall be taken.

(B) Upon approval from the city, traffic may be restricted to one twenty-three foot lane of traffic 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 department representative.

(D) Unless authorized by the city and/or the local law enforcement agency, the camera cars shall be driven in the direction of traffic and must observe all traffic laws.

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

(7) PARKING LOTS. When parking in a parking lot, an applicant may be billed according to the current rate schedule established by the city. In order to assure the safety of citizens in the surrounding community, access roads which serve as emergency service roads must never be blocked.

(Ord. 659 § 1 (part), 1989: Ord. 72 § 86(d), 1960)

(Ord. No. 837, § 1, 7-10-2012)

(a) Any violation of Sections 5.40.010 through 5.40.040, the adopted filming rules and guidelines described in Section 5.40.040(b), or a permit issued by the city pursuant to this code or pursuant to the filming rules and guidelines, may result in the cancellation of the permit by the city. Violation of the terms and conditions of a film permit or any provision of this chapter, or any other applicable provision of this code, is punishable as a misdemeanor under this code.

(b) The permittee may appeal revocation by filing an appeal letter with the city clerk. The appeal letter shall set forth the reasons the permittee believes the permit should not have been revoked and any other information the permittee wishes to provide. The city manager or designee shall serve as the appeal hearing officer and shall conduct an appeal hearing within two business days. The appeal hearing officer shall issue either an immediate oral ruling upholding the revocation or upholding the appeal and reinstating the permit, or shall issue a written ruling within one business day upholding the revocation or upholding the appeal and reinstating the permit. The appeal hearing officer may reinstate the permit with modified or new conditions. The decision of the appeal hearing officer is final and non-appealable. No permit fee shall be returned or reimbursed as a result of a permit revocation.

(Ord. 659 § 2, 1989)

(Ord. No. 837, § 1, 7-10-2012)

Editor's note— Ord. No. 837, § 1, adopted July 10, 2012, repealed § 5.40.050 and renumbered § 5.40.051 as § 5.40.050 as set out herein. The former § 5.40.050 pertained to liability provisions and derived from Ord. No. 72, § 86(e), 1960; and Ord. No. 659, § 1(part), 1989. The historical notation has been retained with the amended provisions for reference purposes.

Every person required by Sections 5.08.212 and 5.08.213 of this title to obtain a license for the operation of any drive-in or motion picture theater shall, not later than September 30, 1975, file with the city clerk of Duarte, a sworn affidavit stating therein the name, home address, and principal business address of each owner of the business or enterprise through which such motion picture theater is owned and operated, if such business or enterprise is unincorporated, and the name, home address and principal business address of the president, vice-president, secretary, treasurer, and each director of such business or enterprise, if such business or enterprise is incorporated, and shall, after September 30, 1975, and prior to the effective date of any change of the ownership of such business or enterprise, or of the home address or principal business address of any owner thereof, if such business or enterprise is unincorporated, and prior to the effective date of any substitution of officers or directors of such business or enterprise or of the home address or principal business address of any officer or director thereof, if such business or enterprise is incorporated, file with the city clerk of Duarte a sworn affidavit stating therein such change of ownership of such unincorporated business or enterprise and such change of home address or principal business address of any owner thereof, and such substitution of officers or directors of such incorporated business or enterprise, and such change of home address or principal business address of any officer or director thereof.

(Ord. 381 § 1, 1975)

Every person required by Sections 5.08.212 and 5.08.213 of this title to obtain a license for the operation of any drive-in or motion picture theater shall, not later than September 30, 1975, file with the city clerk of Duarte a sworn affidavit designating and stating therein the name of the person or persons who shall, at any and all times when such motion picture theater is in operation and open for business exhibiting motion picture films, have legal possession, care, custody, and control of all motion picture films on the premises of such motion picture theater and shall, after September 30, 1975, and prior to any substitution of person so designated as having possession, care, custody and control of such motion picture films, file with the city clerk of Duarte a sworn affidavit stating therein the name of the successor to such person having possession, care, custody and control of such motion picture films.

(Ord. 381 § 2, 1975)

In the event any such motion picture theater which has heretofore been licensed or which may hereafter be licensed, fails to comply with the provisions of Sections 5.40.060 and 5.40.070, the city manager may revoke such license after five days' notice in writing to the licensee at the registered address as provided for herein to correct the violations involved and after giving opportunity to the licensee to be heard. Upon revocation of the license, the city manager shall direct the licensee to cease the operation of such place as a motion picture theater. The revocation of the license shall not affect any of the other penalty provisions provided for in this code but shall be cumulative thereof.

(Ord. 381 § 3, 1975)

Any person who violates any of the provisions of Sections 5.40.060, 5.40.070 and 5.40.080 is guilty of a misdemeanor and shall be liable to a fine of not more than two hundred dollars and each day such violation exists shall constitute a separate offense.

(Ord. 381 § 4, 1975)