Article XX — FILMING PERMIT REGULATIONS

It is the purpose and intent of the City of Fontana to encourage the motion picture, television and any other media content production industries to utilize the scenic beauty and variety of backdrops afforded in the city as locations for filming and/or videotaping for commercial production. It is the purpose and intent of this article to provide the means by which such activities may be reasonably regulated to preserve the public health and safety and provide for the protection of property, to not unduly restrict such activities, and to maintain harmonious relations between the community and those engaged in such activities.

(Ord. No. 1807, § 1, 9-10-19)

The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicant shall mean the individual or entity applying for a permit.

Application shall mean the documents created by the city that must be completed and submitted by an applicant, in order to request a permit.

City produced government access films shall mean motion pictures or programs produced by or in association with the city. No person, directly or indirectly, shall receive a profit from the marketing and production of the film or from showing the films or tapes.

Entertainment industry work shall mean the production of motion pictures, television series, commercials, music videos, internet videos, interactive games and animation, where the final product is intended to be commercially released and/or commercially distributed.

Film or filming or filming activity shall mean all activity in preparation of, and attendant to, staging, making, striking, filming or video recording commercial motion pictures, television, films, other media content production (such as videos meant for distribution via internet platforms such as YouTube, Instagram or Facebook), commercials, including magazines or documentary programs on public or private property.

News media shall mean the photographing, filming or videotaping for the purpose of spontaneous, unplanned television news broadcast or reporting for print media by reporters, photographers or camera operators.

Permit shall mean a permit validly issued by the city that authorizes filming and the elements contained therein, if any.

Permittee shall mean any person or entity who holds a validly issued permit issued by the city.

Public property shall mean real property owned by the city, or for which the city is a lessee, including without limitation parks, streets, sidewalks, other right-of-way and buildings. Public property shall not include real property which is being leased by the city to a lessee.

Studio shall mean a legally established fixed place of business where filming activities are regularly conducted upon the premises.

Traffic control plan shall mean a drawing that is submitted with a request for a sidewalk, lane and/or street closure that details the location of the closure(s), the alternative route(s) that will be utilized for the detoured vehicular and/or pedestrian traffic, and the mechanisms (including without limitation barricades and signage and the locations thereof) for implementing the closures and alternatives.

(Ord. No. 1807, § 1, 9-10-19)

(a)

Any person that wishes to perform filming in the city must first obtain a filming permit. No person or entity shall use any public right-of-way, or any public or private property, facility or residence for the purpose of filming as defined in section 15-954 without a permit issued pursuant to the provisions of this article.

(b)

Permits issued for filming shall be issued by the city. The city manager or designee is hereby authorized and directed to promulgate rules and regulations governing the form, time and location of any film activity set forth within the city. The rules and regulations shall be based upon the follow criteria:

(1)

The health and safety of all persons;

(2)

Avoidance of undue disruption of all persons within the affected area;

(3)

The safety of property within the city; and

(4)

Traffic congestion at particular locations within the city.

(Ord. No. 1807, § 1, 9-10-19)

(a)

Any person or entity desiring a permit for filming under the provisions of this article shall make application on the appropriate forms provided by the city manager or designee.

(b)

The forms must be signed and accompanied by all required fees, deposits, hold harmless agreements and insurance certificates required before the permit application will be processed.

(Ord. No. 1807, § 1, 9-10-19)

The application shall include a non-refundable application fee in the amount established by resolution of the city council. If the assistance of city services (including, but not limited to, law enforcement, traffic control, fire safety, site cleanup, etc.) is required, there shall be additional fees as determined by the city council. Applicant shall also be required to get a city business license. No film permit shall be issued to an applicant who is in arrears regarding any other city permit or has any unpaid administrative fines.

(Ord. No. 1807, § 1, 9-10-19)

(a)

The city manager or designee shall issue a permit as provided for in this article when, from a consideration of the application and from such other information as may be otherwise obtained, he/she finds that:

(1)

The conduct of such activity will not unduly interfere with traffic or pedestrian movement or endanger public safety and that no streets will be completely closed to traffic for an unreasonable period of time.

(2)

The conduct of such activity will not unduly interfere with normal governmental or city operations, threaten to result in damage or detriment to public property, or result in the city incurring costs or expenditures in either money or personnel not reimbursed in advance by the applicant.

(3)

At the determination of the city manager or designee as well as any other applicable government agencies or city departments, that the condition of such activity will not constitute a fire hazard or any other type of hazard and all property safety precautions will be taken as determined by the heads of the aforementioned departments or their designees.

(b)

The decision of the city manager or designee to issue, conditionally issue, or deny a permit shall be final unless appealed in writing within five working days of the decision by requesting a hearing before the planning commission at the next available regular meeting.

(c)

Change of date. Upon the request of the applicant, the city shall have the sole discretion, upon a showing of good cause, to change the date for which the film permit has been issued, provided established limitations are complied with in respect to time and location.

(d)

A permit will specify the filming that may occur at a particular location at a particular time. The permit will authorize element(s) to be performed as part of the filming provided that the elements have been approved by the city.

(e)

Where the filming application includes a request to close a city street, lane and/or sidewalk, a traffic control permit shall be required. Traffic control permit applications are reviewed by the city engineer. A traffic control plan shall be required.

(f)

No permit shall be issued for filming unless the applicant shall provide the city with satisfactory proof of the following:

(1)

All required insurance in the amount to be determined by the city manager or designee but in no event in an amount less than $1,000,000.00 to protect the city against claims of third persons for personal injury, wrongful death and property damage and to indemnify the city for damage to the city property arising out of the permittee's activities. Such insurance shall be evidenced by the standard general special endorsement form or the certificate of insurance (public liability) form provided by the city. Applicant shall also submit verification that adequate worker's compensation insurance coverage is maintained.

(g)

The applicant shall execute a hold harmless agreement as provided by the city prior to the issuance of any permit.

(h)

The applicant shall conduct operations in an orderly fashion with continuous attention to the storage of equipment not in use, maintenance of the area, and the cleanup of trash and debris. The area used shall be cleaned of trash and debris within two hours of the completion of the activity or within such other time established in the permit to the city's satisfaction. The applicant shall be responsible for restoring any area damaged or disrupted before leaving the site. If the site is not repaired or restored to the city's satisfaction, the city manager or designee shall have the necessary restoration and/or repairs performed and the applicant shall reimburse the city for such work within ten days of completing filming. In the event the applicant fails to so reimburse the city, the city may secure its reimbursement from either a cash or surety bond which shall be posted with the city to ensure faithful performance of such restoration. Such faithful performance bond shall be filed at the time of the application in an amount of $500.00 or in any higher amount determined by the city manager or designee to be reasonably required under the circumstances. The amount of the bond shall in no way limit the applicant's liability or responsibility for the costs of repairs or restoration in the event these costs exceed the bond amount.

(i)

The holder shall not interfere with previously scheduled activities upon public properties and limit, to the extent possible, an interference with normal public activity on such public property.

(j)

Depending on the nature of the filming activity, the applicant may be required to provide written notice of the filming to all businesses and residents within close proximity (as determined by the city) of the filming location.

(Ord. No. 1807, § 1, 9-10-19)

Filming in residential zones shall be permitted Monday through Friday between the hours of 7:00 a.m. and 6:00 p.m., and all activity shall meet the standards of this article and other applicable provisions of the Code, provided that requests for night scenes shall be approved in advance. The setup, production and breakdown required by all filming shall be included in the hours as set forth herein.

(Ord. No. 1807, § 1, 9-10-19)

A filming activity utilizing a small unmanned aerial system (small UAS or drone) shall comply with Title 14 of the Code of Federal Regulations (CFR) Part 107 and all other applicable federal, state and local laws. A small UAS being defined as a small unmanned aircraft weighing less than 55 pounds and its associated elements (including communication links and the components that control the small unmanned aircraft).

(Ord. No. 1807, § 1, 9-10-19)

The provisions of this article shall not apply to the following:

(1)

City produced government access films.

(2)

News media.

(3)

Studio filming. Filming activities conducted at a legally established studio with a current certificate of occupancy and business license.

(4)

Filming associated with any permitted or unpermitted rally, protest or demonstration, except when same is staged for the sole purpose of being included in the filming's final product.

(5)

Filming associated with an outdoor event that is authorized by a city-issued outdoor event permit except when the same is staged for the sole purpose of being included in the filming's final product.

This section does not exempt compliance with other applicable Code provisions, laws, ordinances or regulations that require elements or other activities to be permitted or approved by the appropriate governmental entity.

(Ord. No. 1807, § 1, 9-10-19)

(a)

Grounds. A permit may be revoked or suspended for the following reasons:

(1)

Violation of any requirements of this article;

(2)

Violation of any permit condition;

(3)

Misrepresentation on the permit application, including, but not limited to, the scope and impact of production activities and special effects.

(b)

Notification. The city manager or designee shall notify a permittee in writing of the grounds for a revocation or suspension of a permit. The permittee shall immediately cease all filming activity at the filming location, except as necessary to clear the filming location.

(c)

Appeal. The permittee may appeal the decision of the city manager or designee to the planning commission by filing a written appeal stating the grounds, along with any required appeal fee, within five days of the decision. The permit is automatically suspended pending a hearing on the appeal. The appeal shall be set for hearing at the next regular meeting or at a special meeting.

(d)

Emergency permit suspension. The city police department or the county fire department may suspend the permit if at any time the filming activity poses an immediate hazard to persons or property. Permit shall remain suspended until the relevant public safety concerns are mitigated.

(Ord. No. 1807, § 1, 9-10-19)