El Monte Municipal Code Ch. 5.64 Motion Picture and Television Productions

It is the policy of the city to permit the motion picture and television production industry to utilize the variety of backdrops afforded within the city as locations for filming or videotaping for motion picture and television production so long as the use of locations within the city does not unreasonably interfere with the public health and safety or unreasonably endanger any property. It is the purpose of this chapter to provide for rules and regulations governing the issuance of permits for filming or video taping on location within the city in order to ensure that motion picture and television companies wishing to use locations within the city will not be unduly restricted so long as their activities in this regard are not inconsistent with considerations of the public health and safety and the protection of property.

(Prior code § 6901)

For the purpose of this chapter the following words and phrases shall be construed as herein set forth, unless it is apparent from the context that a different meaning is intended:

"News purposes" means the filming or video taping for television news broadcasting by reporters, photographers or cameramen in the employ of a newspaper, news service, or similar entity, of news events concerning those persons, scenes, or occurrences which are in the news and of general public interest.

(Prior code §§ 6900, 6900.1)

Except as otherwise provided it is unlawful for any person to engage in the business or activity of filming, video taping or producing motion pictures on motion picture film or electronic videotaping for public exhibition as motion pictures or for television, at any place within the city, other than at or in an established motion picture or television studio, without a permit from the Chief of Police.

(Prior code § 6902)

The provisions of this chapter shall not apply to:

A. The filming or videotaping of motion pictures solely for private or family use.

B. The filming or videotaping of motion pictures for use in a criminal investigation or civil proceeding.

C. The filming or videotaping or production of motion pictures for news purposes.

D. The filming or videotaping of motion pictures for noncommercial purposes.

(Prior code § 6903)

The Chief of Police shall furnish application for such permit. Such forms shall request the following:

A. Full legal name of applicant;

B. Business name of applicant (if different);

C. Business address of applicant;

D. Business telephone of applicant;

E. Location(s) of proposed filming or taping;

F. Date(s) and time(s) of proposed filming or taping;

G. Security/cleaning bond one thousand dollars ($1,000.00) posted;

H. Services of city employees desired or required on location during filming;

I. Description of the scene(s) to be filmed or taped;

J. Name of person in charge on location; and

K. Such other information as the Chief of Police may deem necessary or desirable.

(Prior code § 6904)

Applications shall be presented to the Chief of Police at least five (5) business days in advance of the time that the proposed filming, taping or production is to commence.

(Prior code § 6905)

Each application shall be accompanied by a non-refundable application and investigation fee in the sum of one hundred dollars ($100.00) payable to the city. In the event that weather conditions or other circumstances beyond the control of the applicant require that the date(s) or time(s) of the proposed filming or taping be altered, no additional application and investigation fee shall be required because of such alteration provided reasonable notice of the alteration is given to the Chief of Police.

(Prior code § 6906)

"Court building" refers to the second floor of the structure located at 11301 Valley Boulevard in the city of El Monte. Use of the court building by motion picture and television production companies is subject to approval by the Chief of Police through the permit process. The rental rate for such usage shall be subject to review by the City Administrator except that the minimum fee to he levied for the use of the court building is five hundred dollars ($500.00) per shooting day and except further that if the user is a nonprofit corporation as defined by State Law in Sections 23701a through 237012 of the Revenue and Taxation Code there shall be no minimum fee. Also, rental rates for the use of the court building by production companies to prepare for filming shall be set at one-half that rate which is set for the rental on days reserved for filming.

(Prior code § 6907)

Expenses incurred by the Public Services Department shall be reimbursed to the city according to the actual cost of such services.

(Prior code § 6908)

Before granting any permit pursuant to this chapter, the Chief of Police shall first determine that such filming or videotaping for motion picture or television production will not unreasonably interfere with the public health and safety or unreasonably endanger any property. In making this determination, the Chief of Police shall take into consideration the noise, traffic hazards, fire hazards and other health and safety problems that are likely to be caused by such activities.

(Prior code § 6909)

If the Chief of Police determines that any potential danger to health, safety or property would be eliminated by the presence of police or fire protection at the site of the filming or videotaping for motion picture or television production, the Chief of Police may grant the permit upon condition that the permittee pay in advance to the city the costs of such police or fire protection as may be required. It shall be the policy of the city to have at least one Police Officer on duty on any day of filming. In addition, a representative from the Fire Department will be required if filming is to be done within any building or structure, public or private.

(Prior code § 6910)

It shall be a condition of the issuance and continued validity of any permit granted pursuant to this chapter that the permittee first obtain, pay for and maintain a policy of general liability insurance approved as to form by the City Attorney which shall insure the city, its officers and employees against any liability, or claims of liability, brought or made by or on behalf of any person for personal injury or property damage caused by or arising out of any negligent act or omission of either the permittee, his agents or employees, including any officers or employees of the city, or caused by or arising out of the condition of any city-owned or controlled property, whether real or personal, and occurring during the period and as a result of the activities for which such permit was issued. The amount of coverage to be provided by such policy shall not be less than one million dollars ($1,000,000.00) combined single limit. The permittee may satisfy the requirement imposed by this Section through the presentation of a certificate of insurance, for at least the required amount of coverage, which indicates that, by endorsement thereto, the city, its officers and employees have been added as additional insureds. Such certificate shall additionally provide that the required insurance will not be modified, changed or terminated until at least ten (10) days written notice thereof has been transmitted to the Chief of Police.

(Prior code § 6911)

It shall be a condition of the insurance of any permit granted pursuant to this chapter that the permittee shall agree to defend and to hold the city, its officers and employees harmless, from any and all claims and liability of any kind whatsoever resulting from or arising out of the issuance of such permit.

(Prior code § 6912)