Laguna Niguel Municipal Code Art. 23 Commercial Motion Picture Productions, Television Productions and Still…

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, videotaping, 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, videotaping and still photography is done in a manner consistent with protecting the public health and safety and public property.

(Ord. No. 90-11, § 5, 3-6-90)

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:

Charitable films includes commercials, motion pictures, television programs, videotapes or still photography produced by a nonprofit organization which qualifies under section 501(c)(3) of the Internal Revenue Code or Revenue and Taxation Code § 23701 as a charitable organization. If such a nonprofit organization is involved in charitable film making, videotaping or still photography, no person, directly or indirectly, may receive a profit from the marketing, production or showing of the films, videotapes 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 director of community development or his designated representative, or any other representative specifically designated by the city council.

Motion picture production, television production and still photography include all activity attendant to staffing or shooting commercial motion pictures, television programs, television commercials and still photography.

News media includes regularly scheduled news programs, not including magazine or documentary programs, and special news programs which are not preplanned and which are broadcast within 24 hours after the event.

(Ord. No. 90-11, § 5, 3-6-90)

Cross reference— Definitions generally, § 1-1-18.

Except as provided in section 5-3-338, a person shall not use any 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.

(Ord. No. 90-11, § 5, 3-6-90)

(a) Charitable films produced by nonprofit organizations, and news media, 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, videotape 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 videotaping 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.

(Ord. No. 90-11, § 5, 3-6-90)

(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, with the 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.

(Ord. No. 90-11, § 5, 3-6-90)

(a) As a condition of issuance of a permit under this article, 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, videotaping or photography activities will occur and any other area used by the applicant. The city and 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 $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 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 any special district under the jurisdiction of the city council, and their officers, agents and employees, and shall defend, indemnify and save harmless the city and 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 any person, 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 workers' 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.

(Ord. No. 90-11, § 5, 3-6-90)

(a) The city personnel department public information office is the designated city film industry liaison, and shall:

(1) Provide information and referral assistance, resource material and applications to individuals and organizations desiring to conduct motion picture, television or photography activities in the city.

(2) Develop and administer programs to promote the development of the film industry in the city.

(3) Cooperate and coordinate with public and private sector representatives seeking to promote the development of the film industry in the city.

(4) Perform such other duties as may be prescribed by the city council.

(b) The issuing agency shall:

(1) Coordinate with city departments, agencies and districts for the approval and issuance of facility usage permits required to film, videotape or photograph on their respective city or district property.

(2) Collect the appropriate charges and fees.

(3) Perform such other duties as may be prescribed by the city council.

(c) The appropriate city departments, agencies and districts shall monitor the activities of permittees to ensure compliance with permit requirements. If in the judgment of the appropriate department, agency or district there is or has been a violation of the permit, that department, agency or district shall notify the issuing agency of the violation.

(Ord. No. 90-11, § 5, 3-6-90)

(a) The issuing agency may deny granting a film permit or a film permit rider for any reasonable cause which in its sound discretion is contrary to the public health, safety or welfare, or if the issuing agency determines that the requested activities may unreasonably interfere with the normal operation or use of the property.

(b) The issuing agency may cancel, revoke or suspend a permit if the permittee violates any provision of this article or a permit issued pursuant to this article.

(Ord. No. 90-11, § 5, 3-6-90)