Laguna Woods Municipal Code Ch. 9.16 Permit Requirements for Commercial Motion Picture Productions,…

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State Law reference— Local ordinances relative to commercial filming, Government Code § 65850.1.

It is the policy of the City to encourage commercial motion picture production, television production and still photography within its boundaries. This chapter 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 chapter 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)

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

(05) Charitable films 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 Revenue and Taxation Code § 23701 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.

(10) Film permit rider means a minor addition, change or deletion to the film permit, as determined by the issuing agency.

(15) Issuing agency shall be the Director, or his designated representative or any other representative specifically designated by the City Manager or designee.

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

(25) 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.

(OCC § 5-3-336)

Except as provided in Section 9.16.040, a person shall not use any City property s 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 9.16.020(a) of this chapter, and news media, as defined in Section 9.16.020 of this chapter, are exempt from any permit fees established pursuant to this chapter.

(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 chapter.

(c) This chapter does not apply to the filming or video taping of motion pictures or the taking of still photographs solely for private use.

(d) This chapter 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 of California, 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 and its 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 its officers, agents and employees, and shall defend, indemnify and save harmless the City and its 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)

(a) The City Manager or designee 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, video tape or photograph on their respective City 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 and agencies shall monitor the activities of permittees to assure compliance with permit requirements. If in the judgment of the appropriate department or agency there is or has been a violation of the permit, that department or agency shall notify the issuing agency of the violation.

(OCC § 5-3-341)

(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 chapter or a permit issued pursuant to this chapter.

(OCC § 5-3-342)