Elk Grove Municipal Code Art. IIIc Movie and Television Productions

It is not uncommon for motion picture productions to necessitate or otherwise result in the disruption of motor vehicle traffic, the unusual utilization of public facilities, the employment of actual or potentially dangerous explosives or other activity which could endanger public safety, the creation of noise which disturbs the public quiet or convenience, the attraction of crowds of sightseers, or other circumstances which require the commitment of public resources in order to ensure adequate protection of the health, safety and welfare of the community.

The purposes of this article are to provide for the licensing of motion picture productions in order to ensure that necessary public resources are provided at the times and in the manner required to protect the health, safety and welfare; that the licensee bears the cost of such public resources; and that the motion picture productions are otherwise conducted under conditions and in a manner which avoids risk to the health, safety or welfare of the community.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

As used in this article, the following terms shall have the following meanings:

“Motion picture production”

shall mean and include any activity attendant to staging or filming or videotaping of commercial motion pictures or television shows, programs, or advertising.

“Still photography”

means and includes all activity attendant to staging or making commercial still photographs.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

The City Manager or his or her designee is charged with the responsibility of administering the regulations imposed by this article, and exercising the authority conferred thereby. Such authority shall include the power and duty to issue special business licenses authorizing motion picture productions, promulgate administrative regulations, and otherwise perform the duties and exercise the authorities conferred herein.

To these ends, the City Manager shall be vested with the same powers and authorities in relation to motion picture productions and the issuance and administration of special business licenses therefor, as are vested in the Chief of Police under this chapter and EGMC Chapter 4.02. Any reference to the “Chief of Police” shall be deemed to be a reference to the City Manager or his designee in relation to motion picture productions.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

No person shall use any public or private property, facility or residence within the City for a motion picture production unless under and by authority of a valid, unexpired and unrevoked special business license authorizing the motion picture production issued pursuant to the provisions of this chapter and this article.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

The provisions of this article shall not be applicable to the following:

A. Reporters, photographers or cameramen in the employ of a newspaper, news service, television station or similar entity engaged in the on-the-spot recording of news events concerning those persons, scenes or occurrences which will be published, telecast or broadcast;

B. Any motion picture production at a studio located within the City;

C. Commercial still photography.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

Upon receipt of a fully completed application, the City Manager shall provide copies thereof to the Chief of Police, the Fire Chief of Cosumnes Community Services District, and any other official whose jurisdiction or authority would be affected by the motion picture production. Each of these officials shall determine whether, with regard to their specific areas of responsibility, any conditions are necessary in order to ensure that the proposed motion picture production does not endanger the public health or safety, whether the commitment of any public resources (including staffing) is necessary in order to minimize disruption caused by or risk to the public health or safety resulting from the motion picture production, and, if so, the estimated cost thereof. Each such official shall submit to the City Manager within fifteen (15) days following the date of filing of a completed application his or her written findings, determinations and requirements.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

Notwithstanding the provisions of EGMC Section 4.10.040, the City Manager shall act upon the application not later than thirty (30) days following the date of filing of the application, and the provisions of EGMC Section 4.10.040(A)(3) shall not constitute grounds for denial of a special business license to conduct a motion picture production.

The City Manager shall issue the special business license within thirty (30) days after the date on which the application is filed unless, in addition to the grounds prescribed by EGMC Section 4.10.040, either the Public Works Director, the Chief of Police or the Fire Chief of Cosumnes Community Services District finds in writing that the production would constitute a hazard to public safety, and that there are no conditions upon which the license could be issued which would eliminate the hazard.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

Pursuant to the provisions of EGMC Section 4.10.045, the City Manager may issue a special business license authorizing a motion picture production upon conditions which relate to the following:

A. The time, place or manner of conducting the motion picture production, for the purpose of reducing disruption of traffic, disruption of public services, disruption of the public peace or quiet, or the minimization of any hazard to the public safety which could result from the production;

B. The deposit of such cash amounts as may be necessary to cover the costs of any public resources (including personnel) required to be provided by the City or the Cosumnes Community Services District, required in order to facilitate the production or reduce the disruption of traffic, public peace and quiet or safety hazards arising therefrom;

C. If the motion picture production involves a potential risk of a safety hazard to the public, a requirement that the licensee enter into an agreement indemnifying the City and the Cosumnes Community Services District, and, in their capacities as such, their officers, employees and agents, against any liability which may arise out of or result from the production, secured by liability insurance in such amount as is required by the City Manager or his or her designee and in such form and by such an insurer as may be required by the City Attorney.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

A. No person, after first being warned to cease the conduct, shall engage in conduct intentionally designed to disrupt motion picture or television production undertaken pursuant to a license issued under the authority of this chapter.

B. For purposes of this section, conduct which disrupts motion picture or television production includes, but is not limited to:

1. Creating or causing audible interference to the recording of sound;

2. Interfering with the ability of a production to achieve consistent light levels by shining or reflecting light onto a set or at a camera or by utilizing some other artificial means to adversely affect lighting;

3. Interfering with the entrance or egress of production equipment or personnel;

4. Placing any obstacles at any location where production is occurring.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)