Inglewood Municipal Code § 8-55 Application Fee Exemption

The application fee designated and required in this Article shall not be required of those persons, organizations and institutions designated and eligible to be exempt from business tax in Section 8-5 of this Code.

The purpose of this Section is to regulate filming activity within the City of Inglewood in order to protect the public health, safety and welfare and to not unduly restrict such activities while maintaining harmonious relations between the community and those engaged in filming activities.

(Ord. 09-02 2-3-09)

"Charitable films"

means commercials, motion pictures, television, videotapes, 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 film, tapes, or photos.

"City"

means the City of Inglewood.

"Film Permit"

means written authorization and approval from the City Administrator or a designee to conduct the filming activity outlined in the permit.

"Film Permit Liaison"

means a City of Inglewood employee authorized by the City Administrator to review and issue film permits.

"Motion picture, television, and still photography"

means and includes all activity attendant to staging or shooting commercials in any medium, tape or digital format.

"News Media"

means an individual or individuals or organizations filming or videotaping news events for television, newsprint by use of reporters, photographers or camera persons in the employ of a newspaper, news service, or similar entity where the event is not preplanned, and the film or tape is normally broadcast within twenty-four hours of the event, not including magazine or documentary programming.

"Permittee"

means the person(s), organization or entity that is issued the film permit under this Section.

"Student films"

means the motion pictures, television programs or commercials produced to satisfy a course or curriculum requirement at an educational institution. The student filmmaker must supply proof that he or she is currently enrolled in a program of study in an educational or training institution that is duly licensed by applicable local, State and Federal agencies.

"Studio"

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

(Ord. 09-02 2-3-09)

(a) Film Permit Required. No person shall use any public or private property, facility or residence for the purpose of taking commercial motion pictures,. television, (digital, film, or tape) or still photography without first applying for and receiving a permit from the City of Inglewood.

(b) Exemptions. The provisions of this Chapter shall not apply to:

(1) Noncommercial filming or videotaping activities conducted solely for private or family use;

(2) Filming or videotaping activities conducted for use in a criminal investigation, or civil or criminal court proceeding;

(3) Filming or videotaping activities conducted for news purposes or by a charitable organization as defined in Section 8-55.2;

(4) Filming or videotaping activities conducted for education, government and public access and local origination programs for cable television systems franchised within the City;

(5) Any activity deemed to be in the public interest by the City Administrator;

(c) Nothing in this Section shall limit the right of the City to suspend filming or videotaping activities, exempted herein when found necessary for the protection of the public health, safety or general welfare, and when such filming activity poses an immediate hazard to persons and/or property.

(Ord. 09-02 2-3-09)

The City Administrator or designated film permit liaison is hereby authorized and directed to develop an appropriate application form and guidelines, governing the form, time and location of any film activity set forth within the City. The film permit guidelines and form(s) and any subsequent revisions shall be published in a newspaper of general circulation and shall be posted annually for a ten-day period in a place of public access to comply with State of California noticing requirements. Prior to a film permit being issued, the City Administrator, or designated film permit liaison, shall ensure there will be no adverse impacts based on the following areas of consideration:

(a) The health and safety of all persons;

(b) Ensure no undue disruption of all people within the affected area;

(c) The safety of property within the City;

(d) Traffic congestion at particular locations within the City;

(e) Noise, lighting and other identified impacts.

(Ord. 09-02 2-3-09)

A nonrefundable fee of $600 shall be paid at the time an application is submitted for filing pursuant to this Chapter. The payment of this fee shall not be discounted or waived unless done so under Section 8-56.3 of this Chapter.

The fee for permits issued pursuant to this Chapter shall be amended from time to time by resolution of the City Council. The film permit fee shall be paid to the Finance Department when the application form is submitted for review. The film permit application fee is to cover the City's cost of processing a film permit application. There can be extra costs applicable when determined by the City Administrator or designated film permit liaison for other related City services including, but not limited to, law enforcement, traffic control, fire safety, trash hauling and attorneys' fees. No film permit shall be issued to an applicant who owes the City money for a prior permit or who does not pay those fees that are required prior to issuance of a permit. The applicant shall pay such fee upon filing an application for a permit.

(Ord. 09-02 2-3-09)

The time limits for review and processing of a film permit application shall not exceed four weeks unless an extension of time is expressly agreed to in writing by an applicant. The processing of a film permit application submitted for a small or routine request should generally be conducted within a seventy-two-hour time period, but may be extended beyond that time based on a reasonable determination made by the film permit liaison. The processing of more complex or multi-faceted film permit applications may extend beyond seventy-two hours but approvals should be issued within a reasonable period of time not to exceed four weeks. When an applicant does not agree to extend the film permit application review process beyond four weeks the film permit liaison is authorized and directed to deny the application and to refund all monies paid by the applicant with a letter describing the reasons for denial. An appeal under Section 8-55.9 may be initiated by an applicant accompanied by the required appeal fee of $100.

(Ord. 09-02 2-3-09)

Insurance and a hold harmless agreement shall be required for all for profit and nonprofit film shoots to ensure that the safety and personal health of residents and visitors was protected during filming.

(a) Before a permit is issued, a certificate of insurance will be required in an amount not less than one million dollars ($1,000,000.00) naming the City of Inglewood as a coinsured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage. An additional aggregate may be required for the use of pyrotechnics or when other conditions warrant greater insurance liability. The City officers and personnel shall be named as additional insured. The certificate shall not be subject to cancellation or modification until after thirty days written notice to the City of Inglewood. A copy of the certificate will remain on file.

(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 of Inglewood prior to the issuance of a permit under this Chapter.

(Ord. 09-02 2-3-09)

If a permittee violates any provision of this Chapter or a permit issued pursuant thereto, the City of Inglewood may revoke the permit. The permittee shall immediately cease all filming activity except as necessary to clear the filming location. The City of Inglewood shall provide the permittee with grounds for revocation in writing within a reasonable time of the revocation. Any person who engages in filming activity without a permit, or that violates any provision of this Chapter shall be guilty of an infraction and subject to payment of a fine, not to exceed the limits set forth in California Government Code Section 36900. In addition to any other remedies permitted by law, no permits shall be issued to the person found and/or organization engaged in the illegal filming activity for a period of one year..

(Ord. 09-02 2-3-09)

The applicant, permittee or any person may appeal a permit denial, revocation or suspension, or refusal to waive a deadline set forth in this Chapter. The appeal shall be filed with a one hundred dollar ($100.00) fee in the City Administrator's office no later than three business days after the date notice of the decision is given. The appeal shall be heard by the Permits and Licenses Committee no later than fifteen business days after the appeal is filed. A decision shall be rendered no later than seven business days after the appeal hearing. The decision of the Permits and Licenses Committee shall be final.

(Ord. 09-02 2-3-09)