Fillmore Municipal Code Ch. 11.15 Filming Permits

Unless the context otherwise requires, the following words and phrases, as used in this chapter, and in any resolution or rule authorized hereunder, shall have the meaning and construction given in this section.

(1) "Charitable filming" means filming by a nonprofit organization which qualifies under Section 501(c)(3) of the Internal Revenue Code as a charitable organization.

(2) "Commercial filming" means all filming which is not family filming, charitable filming, news filming or student filming.

(3) "Filming" means all activities, including parking of vehicles, catering and all other support operations attendant upon staging and shooting photographic motion pictures, videotaping and other technical operations for recording and representing motion graphically, and still photography with artificial lighting or apparatus, excepting such equipment as one person may conveniently carry.

(4) "News filming" means the activities of reporters, photographers, cameramen and all other support personnel in the employ of a newspaper, news service, broadcaster or similar entity engaged in on-the-spot filming or broadcasting of news events concerning persons, scenes or occurrences of current and general public interest.

(5) "Student filming" means filming by any school, college or professional school student, or any instructor in such an institution, in connection with course work.

(6) "Family filming" means wholly amateur cine-photography or videotaping solely for the use and enjoyment of the operator, his family and social acquaintances.

(Ord. 737 § 1, 1998; Ord. 626 § 1 (part), 1989)

No person, except persons engaged in news filming or family filming, shall use any public or private property, facility or residence in the city for the purpose of filming without first applying to and being issued a permit under this chapter by the city clerk.

(Ord. 626 § 1 (part), 1989)

Fees for the permit and for the various services required of permittees shall be charged by and delivered to the city clerk according to the schedule of fees adopted by resolution of the city council from time to time.

(Ord. 626 § 1 (part), 1989)

The following information shall be included in the application for the permit:

(1) The name of the owner and of the principal occupant, if other than the owner, and the address and telephone number, of every premises within the city at which filming is to be conducted;

(2) The specific location of the intended filming on each such premises, if less than the whole is to be used;

(3) The inclusive dates and hours during which the filming will be conducted at each location;

(4) A general statement of the character and nature of the activity proposed to be filmed;

(5) The name, address and home and business telephone numbers of the person or persons in charge of the proposed filming, and the full official name of the corporation or other entity to be engaged in producing the film, together with the street and mailing address and telephone number of its principal office in California, or its principal office elsewhere if it has none in California, or its principal office elsewhere if it has none in California, and, if a corporation, the natural person designated as agent for receipt of legal process, his address and telephone number;

(6) An accurate estimation of the number of personnel to be involved;

(7) Whether animals, fire, pyrotechnics or explosives are to be used and whether the subject to be filmed includes vehicle chases or other business or stunts dangerous to the participants or to the public, with a detailed description of the sequence;

(8) An inventory of all vehicles to be involved in all aspects of the intended filming, including catering and support vehicles, with a description or diagram of their intended disposition during all phases of the operation;

(9) The number and type of personnel to be provided by public agencies for the operation, as determined by the city clerk;

(10) Any other information reasonably required by the police chief, the fire chief, the director of public works, the director of planning and development, the city engineer or the city attorney, for the safety and convenience of the public and the protection of public and private property.

(Ord. 737 § 2, 1998; Ord. 626 § 1 (part), 1989)

Every permit is subject to and conditioned upon the fulfillment by the permittee of each of the following:

(1) The application for permit shall be submitted, together with the processing fee, to the city film permit coordinator a minimum of seven working days in advance of the first date on which the applicant proposes to conduct any activity for which a permit is required. However, city film permit coordinator may choose to accept an application with less than seven working days' notice if it is reasonable to do so. All fees must be paid prior to the scheduling of any city personnel for the activity for which the permit is required.

(2) One firefighter and such other personnel as the city film permit coordinator may designate, shall be present during rehearsal and shooting and at all scenes and locations.

(3) Following submission of a completed application for permit and deposit of the processing fee, the city film permit coordinator may choose to call a pre-production meeting with the applicant, members of the city staff whose departments are affected by the proposed filming operations and other persons who may be affected by the proposed filming operations and other persons who may be affected as selected by the city manager. Upon information supplied in the application and at the meeting, and with the advice of city staff, the city manager shall establish the estimated fees for city-supplied personnel required for the proposed filming, the Chamber of Commerce fees and the amount of the encroachment fee if it appears to him that the reasonable burden to the city by reason of the filming will be less than the required daily fee. Unless reduced in the discretion of the city manager, the applicant shall deposit with the city film permit coordinator, before commencing filming, a deposit equal to the required daily fee for each day that filming will be carried on according to the application. All estimated fees for city-supplied personnel shall be paid prior to the scheduling of any city personnel to be engaged in the activity for which the permit is sought.

(4) The specific written authorization of each property owner and occupant whose premises will be used or affected in the filming shall be delivered to the clerk before issuance of the permit.

(5) The permittee shall conduct all operations in an orderly fashion, giving continuous attention to the storage of equipment not in use and the cleanup of trash and debris. Areas affected by filming shall be restored to their original condition at the conclusion of the operation, unless other arrangements are made between the permittee and the property owner.

(6) Ambulances provided in connection with filming shall be approved by the Ventura County Health Care Agency.

(7) No-parking and traffic control signs and barricades prescribed by the police chief shall be provided and posted by the permittee, as directed by the police chief.

(8) Filming of actual or simulated acts of the kind prohibited by California Penal Code Sections 286—288, 288a, 298, 647(a), (b) and (d), and 647a is prohibited.

(9) The applicant shall present, with the application, evidence in form suitable to the city attorney of liability insurance in an amount not less than one million dollars, running to the protection of the city, its officers, employees and volunteers against claims of third persons for personal injury, wrongful death and property damage resulting from or in any way connected with the operations of the permittee under the permit.

(10) The permittee shall conform to the requirements of the California Workers' Compensation Law and shall furnish the city with such declarations and evidence of coverage in connection therewith as may be required by the city attorney.

(11) The applicant shall execute the hold-harmless agreement forming a part of the application for the permit.

(12) The applicant shall, if required by the clerk, furnish a bond or cash deposit in reasonable amount to secure the faithful performance of the requirements of the permit, in particular to secure the obligation to restore public property at the conclusion of operations under the permit.

(13) The applicant shall conform to all special conditions imposed on the permit to promote public health, safety and convenience and the safety of public and private property, as provided by the police chief, the fire chief, the director of public works, the director of planning and development and the city attorney.

(Ord. 737 § 3, 1998; Ord. 646 § 1, 1990; Ord. 626 § 1 (part), 1989)

Falsification of any statement in the application, or otherwise in connection with the issuance of a permit, or material deviation from any representation made in the application or any supporting document, or violation of any provision of this chapter or of a condition or requirement of any permit issued hereunder is an infraction and shall constitute grounds for revocation of the permit and immediate cessation of operations thereunder, whether prosecuted to conviction or not, without refund of fees or charges.

(Ord. 626 § 1 (part), 1989)