Fullerton Municipal Code Ch. 3.80 Filming Rules and Regulations

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CHARITABLE FILMS. Commercials, motion pictures, television, videotapes or still photography produced by a nonprofit organization, which qualifies under I.R.C. § 501(c)(3) as a charitable organization. No person, directly or indirectly, shall receive a profit from the marketing and production of the film, or from showing the films, tapes or photos.

MOTION PICTURE, TELEVISION, STILL PHOTOGRAPHY. Includes all activity attendant to staging or shooting commercial motion pictures, television shows or programs, and commercials and student films produced to satisfy a post-secondary school course requirement at an educational institution in any medium, including film, tape or digital format.

NEWS MEDIA. The photography, filming or digital visual recording for the purpose of spontaneous unplanned television news broadcast by reporters, photographers or camerapersons.

STUDIO. A fixed place of business in conformance with all applicable zoning/building/fire code requirements where filming activities (motion or still photography) are regularly conducted upon the premises.

(Ord. 2693, passed - -1990; Ord. 3233, passed - -2016)

(A) Permit required. No person shall use any public or private property, facility or residence 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 City Manager or his or her designee.

(B) Applications. The following information shall be included in the application:

(1) The name of the production company, its address, e-mail address and telephone number;

(2) The specific location at such address or place at which the activity is to be conducted;

(3) The inclusive hours and dates such activity will transpire;

(4) A general statement of the character or nature of the proposed filming activity;

(5) The name, address, e-mail address and telephone number of the person or persons in charge of such filming activity on behalf of the production company;

(6) The exact number of personnel to be involved;

(7) Activity which may cause public alarm such as the use of any animals, gunfire or pyrotechnics; and low flying helicopters or drones; and

(8) The exact amount and type of vehicles and equipment to be involved.

(C) Exemptions.

(1) Current news. The provisions of this chapter shall not apply to or affect reporters, photographers or camera operators in the employ of a newspaper, news service or similar entity engaged in on-the-spot coverage or broadcasting of news events concerning those persons, scenes or occurrences which are in the news and of general public interest.

(2) Private or family use. The filming or digital visual recording of motion pictures, or the taking of still photographs solely for private or family use.

(3) Studio. The filming or digital visual recording of motion pictures, or the taking of still photographs conducted at a studio in conformance with all applicable zoning/building/fire code require- ments.

(Ord. 3233, passed - -2016)

The City Council may, by resolution, establish fees under this chapter.

(A) Administrative fees. Administrative fees are required for review of permit applications and/or oversight of filming activity.

(B) Reimbursement for personnel. The pro- duction company shall reimburse the city for any personnel provided to the company (e.g., police, fire, maintenance) for the purpose of assisting the production.

(3) Compensation generally. The pro- duction company shall compensate the city for use of any city property (e.g., parks, community buildings) for the purpose of assisting the production. Further, the production company shall reimburse the city for the cost of any city services (i.e., repairs, cleanup) necessitated by the production company’s activities.

(Ord. 3233, passed - -2016)

(A) Authorization. The City Manager or his or her designee is authorized and directed to adopt rules and regulations governing filming activities in the city and to promulgate those rules and regulations governing the form, time and location of any activity set forth within the city. The designee shall also provide for the issuance of permits.

(B) Criteria. The rules and regulations shall be based upon the following criteria:

(1) The health and safety of all persons;

(2) Mitigation of disruption to all persons within the affected area;

(3) The safety of property within the city; and

(4) Traffic congestion at particular locations within the city.

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

(Ord. 3233, passed - -2016)

(A) Liability insurance. Before a permit is issued, a certificate of liability insurance will be required in an amount not less than $1,000,000 naming the city as a coinsured for protection against claims of third persons for personal injuries, wrongful deaths and property damage. The city and its employees and officers shall be named as an additional insured. The certificate shall not be subject to cancellation or modification until after 30 days’ written notice to the city.

(B) Workers’ compensation insurance. An applicant shall conform to all applicable federal and state requirements for workers’ compensation insurance for all persons operating under a permit.

(C) Hold harmless agreement. An applicant shall execute a hold harmless agreement as provided by the city prior to the issuance of a permit under this chapter.

(D) Security deposit. To ensure cleanup and restoration of the site of filming, an applicant may be required to submit a refundable deposit in an amount to be determined by the city. Upon completion of filming and inspection of the site by the city, if no verifiable damage has occurred, the security deposit will be returned to the applicant.

(Ord. 3233, passed - -2016)

If an applicant violates any provision of this chapter or a permit issued pursuant thereto, the city may provide the applicant with verbal or written notice of such violation. If the applicant fails to correct the violation, the city may revoke the permit and all filming related activity must cease.

(Ord. 3233, passed - -2016)