Eastvale Municipal Code Ch. 6.16 Commercial Filming

Footnotes:

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State Law reference— Uniform Film Permit Act, Government Code § 14999.30 et seq.; authority of any city to adopt ordinance or regulations governing issuance of commercial film permits, Government Code § 14999.36.

It is the policy of the city to encourage the production of motion pictures and television within its boundaries. This chapter provides the basis for the rules and regulations governing the issuance of permits for filming, videotaping or related activity within the incorporated area of the city and upon city property. This chapter is intended to ensure that filming/videotaping is done consistent with public health and safety and the protection of property.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Unless otherwise specifically provided or the context, certain terms or expressions used in this chapter have the following meanings:

Charitable institution means a nonprofit organization, which qualifies under section 501(c)(3) of the Internal Revenue Code or Revenue and Taxation Code § 23701 as a charitable organization. Where an organization as those set forth in this definition is involved in film making/videotaping, no person, directly or indirectly, shall receive a profit from the marketing or production or showing of the films, tapes or photos.

Film permit rider means a minor addition, change or deletion to the permit, as determined by the issuing authority.

Issuing authority means the city council or its authorized representative who is designated to administer the provisions of this chapter.

News means regularly scheduled news programs, not including magazine or documentary programs, and special news programs which are not preplanned and are broadcast within 24 hours after the event.

Strike and preparation days.

(1) The term "strike and preparation days" means activities required to make superficial alterations as specified in the script prior to movie on-location filming and following filming, to restore such location to its original condition. Such alterations may include placement of temporary architectural features, alterations in landscaping, changes in furniture or other decorative elements, placement of temporary lighting equipment and similar activities.

(2) The term "strike and preparation days" does not include time periods when cameras and actors are present and/or filming is occurring, nor activities requiring more than ten persons or two trucks having a rated capacity exceeding five tons.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

No person shall use any public or private property, facility or residence within the incorporated area of the city 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 issuing authority.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) Films produced by charitable institutions as described in section 6.16.020 and news media as described in section 6.16.020 shall be exempt from any permit fees hereafter established.

(b) A student who has submitted a letter written on school letterhead by a school administrator or instructor stating that the applicant is currently enrolled in a recognized U.S. institution and that the film is not a commercial release, shall have permit fees waived as required by this chapter.

(c) Permit fees shall be waived for public access and local organization programs by cable television programs franchised within the city.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The issuing authority may approve temporary usage of property owned by or held under the control of the city, by issuance of a filming permit, provided:

(1) Such issuance will not result in a frequency of usage likely to create incompatibility between such temporary use and the surrounding area;

(2) Such issuance does not interfere with performance of the intended governmental function of the site in question;

(3) Movie on-location filming does not exceed ten consecutive days. Computation of such time period shall include strike and preparation time.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

As a condition of approval to issuance of a permit, a certificate of insurance will be required to include, but not be limited to, $1,000,000.00, naming the city as a co-insured for protection against claims of third-party personal injuries, wrongful deaths and property damage. Where aircraft is used in any production, either fixed wing or rotary, the limit shall be no less than $5,000,000.00 per occurrence. City officers, agents and employees shall be named as additional insureds and a certificate of insurance shall not be subject to cancellation or modification without 30 days' written notice to city.

(1) An applicant shall conform to all applicable federal and state requirements for Workers' Compensation Insurance as to all persons operating under a permit.

(2) To ensure cleanup and restoration of the site, an applicant may be required to post a faithful performance bond as a condition to approval of an application.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The authorized representative designated by the city council to administer this chapter shall:

(1) Coordinate with city departments and districts the approval and issuance of all facility usage permits required to film on city or district property;

(2) Coordinate with city departments and districts the approval and issuance of all regulatory permits for on-location filming;

(3) Coordinate the approval and collection of all fees with the necessary city departments and districts as required by city or district policy;

(4) Reimburse the departments and districts involved for services provided, rental fees or other costs incurred by the departments or districts in connection with film permits;

(5) Investigate minor complaints and assist in the resolution of minor disputes between the film industry and city agencies concerning filming in the city;

(6) Develop and administer programs to promote the development of the filming industry in the city;

(7) Cooperate with other governmental agencies seeking to promote the development of the film industry in the city to fully recover all city costs involved in the operations of the office;

(8) Periodically review and recommend, if necessary, changes in the schedule of application fees and use and service charges to fully recover all city costs involved in the operations of this function;

(9) Provide technical assistance and resource material to permit applicants and individuals or organizations desiring to conduct a motion picture, television company or photography business in the city;

(10) Consult with and advise other city departments, districts and the city council in all matters relating to filming, including, but not limited to, recommended charges and improvements in legislation, policies, procedures and methods;

(11) Coordinate with city agencies the periodic review of the city's filming permit processing system and make recommendations to the city council regarding ways to increase the system's efficiency and effectiveness;

(12) Review, approve and issue permits for on-location filming on private property in the city;

(13) Perform such other duties as may be prescribed by the city council.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Under the guidelines of Government Code § 14999.30 et seq., Uniform Film Permit Act, the issuing authority is authorized and directed to promulgate rules and regulations, subject to approval by resolution of the city council, governing issuance of city filming permits. Included within such rules and regulations will be a schedule of fees covering the actual permitting process, as well as, charges for personnel and property usage.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

If an applicant violates any provision of this chapter or a permit issued pursuant thereto, the city may cancel the permit.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)