Hemet Municipal Code Art. VI Commercial Filming

Footnotes:

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Editor's note— Ord. No. 1879, § 1(Exh. A), adopted April 8, 2014, amended the title of art. VI to read as herein set out. Art. VI was formerly titled "Motion Picture and Television Productions."

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

Motion picture, television and still photography means and includes all activity attendant to staging or shooting commercial motion pictures, television shows or programs, commercials, still photography, web- and mobile-based programming 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 means the photographing, filming or videotaping for the purpose of spontaneous, unplanned television news broadcast or reporting for print media by reporters, photographers or camerapersons.

Studio means a fixed place of business where filming or photography activities are regularly conducted upon the premises.

(Ord. No. 1393; Code 1984, § 6800; Ord. No. 1879, § 1(Exh. A), 4-8-14)

Cross reference— Definitions and rules of construction generally, § 1-2.

(a) Permit required. No person shall use any public or private property, facility or residence for the purpose of taking motion pictures, television, or commercial still photography without first applying for and receiving a permit from the officer designated by the city.

(b) Exemptions. The provisions of this article shall not apply to or affect the following:

(1) Breaking news. Reporters, photographers or camerapersons in the employ of a newspaper, news service or similar entity engaged in on-the-spot print media, publishing, or broadcasting of news events concerning those persons, scenes or occurrences which are in the news and of general public interest.

(2) Personal/family video. The recording of visual images (motion or still photography) solely for private personal use and not for commercial use.

(3) Studio filming. Filming activities (motion or still photography) conducted at a studio.

(4) [Criminal investigation.] Filming or still photography activities conducted for use in a criminal investigation or criminal court proceeding.

(5) [By the city.] Filming activities conducted by or on behalf of the City of Hemet.

(Ord. No. 1393; Code 1984, § 6801; Ord. No. 1879, § 1(Exh. A), 4-8-14)

(a) Upon the request of the applicant for a permit under this article, the city's designated officer 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 within respect to time and location.

(b) The designated city officer is hereby authorized and directed to promulgate rules and regulations, subject to approval by resolution of the council, governing the form, time and location of any film activity set forth within the city. He shall also provide for the issuance of permits. 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.

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

(Ord. No. 1393; Code 1984, § 6802; Ord. No. 1879, § 1(Exh. A), 4-8-14)

(a) Designated city officer. The city's designated officer under this article shall be the city manager or his/her designee or other assigned city representative.

(b) Application for permit. The following information shall be included in the application:

(1) The name of the owner and the address, email address, and telephone number of the place at which the activity is to be conducted;

(2) The specific location at such address of place;

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

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

(5) The name, address, email address, and telephone number of the person in charge of such filming activity;

(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;

(8) The exact amount and type of vehicles and equipment to be involved, along with a parking plan; and

(9) The exact location of the production's base camp (if not at the actual shooting location.)

(c) Fees. No fee shall be charged for the issuance of a filming permit.

(d) Permit processing. The city intends to process complete permit applications promptly, in order to encourage filming in Hemet. The city will acknowledge receipt of a permit application within one business day, and will advise of any missing information needed for it to be regarded as a complete application. If the city has not issued or declined to issue a permit within three full business days of having received a complete permit application, the permit will be considered to have been approved.

(e) Reimbursement for costs of use of city personnel. The permittee shall reimburse the city for any actual costs of any city personnel provided to the permittee (e.g., police, fire or traffic personnel) for the purpose of assisting the filming activities.

(f) Business license. Due to the temporary nature of filming activities subject to this article, an applicant for a permit under this article is not required to obtain a city business license.

(g) Transient occupancy taxes. Transient occupancy taxes (TOT) may be reimbursable to individuals and firms holding a valid "film permit" issue by the city at the city's sole discretion. Permittees conducting motion picture, television or still photography activities within the city under a permit issued within 48 months of the date of the adoption of this article in the interest of job creation are eligible to apply for TOT reimbursement. The city manager shall adopt policies and procedures implementing this transient occupancy tax reimbursement incentive.

(Ord. No. 1393; Code 1984, § 6803; Ord. No. 1879, § 1(Exh. A), 4-8-14)

(a) Liability insurance. Before a permit is issued under this article, a certificate of insurance will be required in an amount not exceeding $1,000,000.00 which names the city as a co-insured for protection against claims of third persons for personal injuries, wrongful deaths and property damage. The city officers and employees shall be named as additional insureds. The certificate shall not be subject to cancellation or modification until after 30 days' written notice to the city. A copy of the certificate will remain on file in the city clerk's office.

(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 article.

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

(Ord. No. 1393; Code 1984, § 6804; Ord. No. 1879, § 1(Exh. A), 4-8-14)

If an applicant violates any provision of this article 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 activity must cease. Violation of the terms and conditions of the film permit is considered a misdemeanor punishable in accordance with section 1-8.

(Ord. No. 1393; Code 1984, § 6805; Ord. No. 1879, § 1(Exh. A), 4-8-14)

The city manager may approve temporary free usage of property owned by or held under the control of the city, by issuance of a filming permit, provided:

(1) Such issuance will not result in a frequency of usage likely to create incompatibility between such temporary use and the surrounding area.

(2) Such issuance does not interfere with performance of the intended governmental function of the site in question.

(3) Filming does not exceed ten consecutive days per production at any one location. Computation of such time period shall not include strike and preparation time. Extensions may be granted by the city manager at his/her discretion.

(4) City may provide, at its discretion, and as may be available, vacant office and/or parking lot space for use by an applicant.

(Ord. No. 1879, § 1(Exh. A), 4-8-14)