Laguna Hills Municipal Code § 4-08.520 Purpose

It is the policy of the city to encourage commercial motion picture production, television production and still photography within its boundaries. This article provides the basis for the regulations governing the issuance of permits for filming, video taping, still photography and related activities on property owned, operated or administered by the city or the special districts under the jurisdiction of the City Council. This article is intended to ensure that filming, video taping and still photograph is done in a manner consistent with protecting the public health and safety and public property.

(OCC § 5-3-335)

“Charitable films”

means and includes commercials, motion pictures, television programs, video tapes or still photography produced by a nonprofit organization, which qualifies under Section 501(c)(3) of the Internal Revenue Code or Section 23701 of the California Revenue and Taxation Code as a charitable organization. If such a nonprofit organization is involved in charitable film making, video taping or still photography, no person, directly or indirectly, may receive a profit from the marketing, production or showing of the films, video tapes or photographs.

“Film permit rider”

means a minor addition, change or deletion to the film permit, as determined by the issuing agency.

“Issuing agency”

means the City Manager, or his or her designated representative, or any other representative specifically designated by the City Council.

“Motion picture production,” “television production” and “still photography”

means and includes all activity attendant to staffing or shooting commercial motion pictures, television programs, television commercials and still photography.

“News media”

means and includes regularly scheduled news programs, not including magazine or documentary programs, and special news programs which are not preplanned and which are broadcast within twenty-four (24) hours after the event.

(OCC § 5-3-336)

Except as provided in Section 4-08.550 of this chapter, a person shall not use any city property within the city or property or facilities belonging to the city or the special districts under the jurisdiction of the City Council for the purpose of motion picture production, television production or still photography without first applying for and receiving a film permit from the issuing agency.

(OCC § 5-3-337)

A. Charitable films produced by nonprofit organizations, as defined in Section 4-08.530 of this article, and news media, as defined in Section 4-08.530 of this article, are exempt from any permit fees established pursuant to this article.

B. Any applicant who submits a letter written on school letterhead by a school administrator or instructor stating that the applicant is currently enrolled in a recognized United States educational institution and that the film, video tape or photograph is not for commercial release is exempt from any permit fees established pursuant to this article.

C. This article does not apply to the filming or video taping of motion pictures or the taking of still photographs solely for private use.

D. This article does not apply to reporters, photographers, cameramen or other persons engaged in on-the-spot broadcasting of news events for the news media.

(OCC § 5-3-338)

A. The issuing agency is authorized and directed to promulgate policies and procedures governing issuance of film permits and film permit riders. The policies and procedures shall include provisions for personnel and property usage charges and fees as approved by the City Council.

B. To ensure cleanup and restoration of a site, the issuing agency may require an applicant to post a refundable negotiable surety, amount to be determined, at the time the application is submitted. On completion of all production activities and inspection of the site by the issuing agency, the surety may be returned in full or in part based on the need for the appropriate city department, agency or district to complete site cleanup or restoration, or both.

(OCC § 5-3-339)

A. As a condition of issuance of a permit, the applicant must obtain a comprehensive general liability insurance policy acceptable to the city issued by an insurance company authorized to do business in the state, with coverage that includes the permitted activities and the location in which the filming, video taping or photography activities will occur and any other area used by the applicant. The city, any special district under the jurisdiction of the City Council and their officers, agents and employees, shall be named as additional insureds on the policy for protection against claims of bodily injury, wrongful death and property damage. The policy limits of the insurance policy shall not be less than one million dollars ($1,000,000.00) per occurrence combined single limit for both bodily injury and property damage.

B. The policy shall also contain a provision that no termination, cancellation or change of coverage on the insured or additional insured is effective until after thirty (30) days notice thereof has been given in writing to the office of the issuing agency.

C. The applicant shall indemnify and hold harmless the city, and special district under the jurisdiction of the City Council and their officers, agents and employees, and shall defend, indemnify and save harmless the city, any special district under the jurisdiction of the City Council and their officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including workers’ compensation claims, of or by anyone in any way resulting from any act or omission of the applicant or such officers, agents or employees of the applicant.

D. The applicant shall conform to all applicable federal and state worker’s compensation insurance requirements for all persons operating under a film permit issued by the city.

E. The applicant shall provide other insurance coverage as may be required by the issuing agency.

(OCC § 5-3-340)