Indian Wells Municipal Code Ch. 9.38 Film Permits

For the purposes of this Chapter, certain terms and words are defined as follows:

"Motion picture, television, still photography"

means and includes all activity attendant to staging or shooting commercial motion pictures, television shows or programs, and commercials.

"Charitable films"

means commercial, motion pictures, television, video tapes, or still photography produced by a nonprofit organization, which qualifies under Section 501(c)(3) of the Internal Revenue Code 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.

"News media"

means the photographing, filming or video taping for the purpose of spontaneous, unplanned television news broadcast or reporting for print media by reporters, photographers or cameramen.

"Studio"

means a fixed place of business where filming activities (motion or still photography) are regularly conducted upon the premises.

(Ord. 357 § 1, 1995)

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 of Indian Wells Planning Department.

(Ord. 357 § 1, 1995)

(a) News Coverage. The provisions of this Chapter shall not apply to or affect reporters, photographers, or cameramen 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.

(b) Private Use. The filming or video taping of motion pictures solely for private-family use.

(c) Charitable Films. Projects which qualify under Section 501(c)(3) of the Internal Revenue Code.

(d) Studio Films. Filming activities (motion or still photography) conducted at a studio.

(Ord. 357 § 1, 1995)

Permit fee shall be set by Resolution of the City Council.

(Ord. 357 § 1, 1995)

The issuing authority shall be the Planning Director or designee.

(Ord. 357 § 1, 1995)

Any person, association, firm, business, partnership or corporation desiring to obtain a film permit, shall make an application, to the City upon a form provided by the Planning Department or designee showing:

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

(b) The specific location at such address or place;

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

(d) A general Statement of the character or nature of the proposed filming activity;

(e) The name, address and telephone number of the person or persons in charge of such filming activity;

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

(g) Use of any animals, explosives, aircraft, stunts, special effects, pyrotechnics, or hazardous materials; and

(h) The exact amount/type of vehicles/equipment and personnel to be involved.

(Ord. 357 § 1, 1995)

(a) Upon application being made as provide in subsection and when the applicant has tendered the permit fee required, the Planning Director or designee shall process the application.

(b) To adequately address all applicable aspects of a application, the Planning Director or designee, shall refer the application to appropriate agencies including the City's Building Department, Fire Department, Public Safety, Public Works and Engineering Department for review and comment.

(c) Based upon agency comment the Planning Director or designee shall determine the number of Fire, Police, and other personnel necessary to ensure that: (1) the filming activity does not endanger the health and safety of persons or property in the area of the filming location, (2) to minimize the disruption to businesses of residents in the area, and (3) to minimize congestion and disruption of traffic.

(d) Prior to issuance of the permit, the applicant shall be requested to consult with neighboring businesses and/or residents and submit with the application suitable evidence showing that such businesses or resident do not object to the proposed filming activity.

(e) Application shall be submitted a minimum of three (3) working day before the proposed filming activity. However, processing may be increased up to ten (10) days by the Planning Director or designee, where such activity will interfere with traffic, requires road closures or multiple day traffic control, involves potential public safety hazards or requires special assistance by the City or the issuance of permits by other local or State agencies.

(f) Upon submission of a completed application, the permit fee, any required deposits and the Certificate of Insurance, and upon the determining that the proposed filming activity will not unduly disrupt neighboring business and/or residents, the Planning Director or designee shall issue the permit.

The Planning Director or designee may attach conditions governing the form, time and location of any film activity to ensure: (1) the health and safety of all persons; (2) avoidance of undue disruption of all persons with the affected area; (3) the safety of property with the City; and (4) to minimize congestion and disruption of traffic.

(Ord. 357 § 1, 1995)

Upon the request of the applicant, the Planning Department 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. 357 § 1, 1995)

(a) Liability Insurance. Before a permit is issued, a certificate of insurance will be required in an amount not exceeding one million dollars ($1,000,000.00) naming 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 insured. The certificate shall not be subject to cancellation or modification until after thirty (30) days written notice to the City. A copy of the certificate will remain on file.

(b) Worker's Compensation Insurance. An applicant shall conform to all applicable federal and State requirements for Worker's 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) Faithful Performance Bond. To ensure cleanup and restoration of the site, an applicant may be required to post a refundable faithful performance bond (amount to be determined) at the time application is submitted. Upon completion of filming and inspection of the site by the City, the bond may be returned to the applicant.

(Ord. 357 § 1, 1995)

If an applicant violates any provision of this Chapter or a permit issued pursuant thereto, the City may cancel the permit. A person violating any of the terms and conditions of the film permit shall be guilty of an infraction, unless the violation is specifically filed by the City Attorney as a misdemeanor. Each day the violation exists shall be deemed a separate offense. A misdemeanor shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the County jail for no more than six (6) months or by both such fine and imprisonment.

(Ord. 357 § 1, 1995; Ord. 446 § 3, 1999)