Lancaster Municipal Code Ch. 5.46 Film Permit

A. Permit Required. No person shall use any public or private property, public right-of-way, facility or residence for the purpose of taking motion pictures or television pictures or still photography without a permit issued pursuant to the provisions of this chapter.

B. Exemptions. The provisions of this chapter shall not apply to or affect:

1. News media;

2. City produced public access films;

3. Family Video. The filming or videotaping of motion pictures or taking of still photographs solely for private use;

4. Studio Filming. Filming activities (motion or still photography) conducted in a certified sound stage or studio.

(Ord. 883 § 1 (part), 2007)

As used in this chapter:

"Antelope Valley film liaison" means the person designated as such in writing by the city manager.

"Charitable films" means motion picture, television, 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.

"City produced public access films" means motion picture, television, or still photography produced by or in association with the city. 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.

"Motion picture, television, still photography" means and include all activity attendant to staging or shooting commercial motion pictures, television shows or programs, and commercials and to the taking of single or multiple photographs for sale or commercial use where the photographer sets up stationary equipment in any one location for longer than five consecutive minutes.

"News media" means the photographing, filming or videotaping for the purpose of spontaneous, unplanned television news broadcast or reporting for print media by reporter photographers or cameramen.

"Student films" means motion picture, television, or still photography 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.

"Studio" means a legally established, commercial, motion picture/television/still photography, place of business where filming activities (motion or still photography) are regularly conducted inside a studio/stage upon the premises.

(Ord. 883 § 1 (part), 2007)

The city of Lancaster's Antelope Valley film liaison is authorized and directed to promulgate rules and regulations governing the form, time and location of any film activity set forth within the city. He or she shall also set forth the procedures for the issuance of permits. The rules, regulations, and procedures shall be based upon the following criteria:

A. The health and safety of all persons;

B. Avoidance of undue disruption of all persons within the affected area;

C. The safety of property within the city; and

D. Traffic congestion at particular locations within the city.

(Ord. 883 § 1 (part), 2007)

Any person desiring a permit under the provisions of this chapter shall make application on the appropriate form provided by the Antelope Valley film liaison. The form must be signed and accompanied by all required fees, deposits, and insurance certificate required by this chapter before it will be processed.

In addition to the application requirements of this section, the application shall be accompanied by the written consent of all property owners and persons in possession of property which are affected by the activity regulated by this article as designated in the rules and regulations promulgated by the Antelope Valley film liaison.

A. Issuing Authority. The person or body responsible for issuing permits under this chapter shall be designated by the city of Lancaster's Antelope Valley film liaison.

B. Issuance. The Antelope Valley film liaison shall issue, conditionally issue, or not issue a permit as provided for in this chapter after consideration of the application and from such other information as may be otherwise obtained. The decision of issuance will be final unless appealed in writing within five working days of the decision by requesting a hearing of the director of parks and recreation at his or her earliest convenience.

C. Revoke/Cancel. In the event that an authorized representative of the permit authority determines that the activities being or to be conducted under this permit unnecessarily endanger the health or safety of any person, that said activities are likely to or will cause immediate damage to real or personal property, or that such activities are not being conducted in accordance with the terms and conditions of this permit, said representative, at his or her sole discretion, may suspend, revoke, cancel or amend said permit; provided however, that whenever there is an imminent danger to the public health, safety or welfare from activities conducted by the permittee to the extent that immediate action is necessary to protect the public, as determined by the authority having jurisdiction, the film liaison shall have the authority to immediately suspend a permit pending a hearing. Furthermore, failure to comply with the terms and conditions of said permit could result in the denial of any future permit applications by permittee, the person failing to comply and their respective principals, agents and employees. The permit authority reserves the right to suspend, revoke, cancel or amend said permit at any time without incurring any liability to permittee or its representatives, successors or assigns.

D. Upon the request of the applicant, the film liaison shall have the authority, 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. 883 § 1 (part), 2007)

Each application shall be accompanied by:

A. A processing fee in an amount to be established by resolution of the city council to reimburse the city for staff time required to evaluate the application and establish conditions of approval and to monitor the activity. The processing fee shall not apply to or affect:

1. Charitable films,

2. Student films;

B. A daily property use fee in an amount established by resolution of the city council to compensate the city for the use of public property and its unavailability for ordinary and usual purposes resulting from the filming activity. The property use fee shall not apply to or affect:

1. Charitable films,

2. Student films,

3. Productions conducted wholly on private, county, or state property where no vehicles or equipment are parked or stored on city property or rights-of-way, where no traffic control measures are required and where the production activity will not in any respect interfere with the use and enjoyment of city property, public streets and neighboring property.

(Ord. 883 § 1 (part), 2007)

A. Liability Insurance. 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 Lancaster, as well as its officers, agent, servants and employees as an additional insured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage and to indemnify the city for damage to city property arising out of the permittees' activities. The certificate shall not be subject to cancellation or modification until after thirty (30) days' written notice to the city. Such insurance shall be evidenced by the standard general liability special endorsement form.

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 and must be evidenced on the certificate of insurance.

C. Performance Deposit. To ensure cleanup and restoration of the site, an applicant may be required to post a refundable deposit, or cash in lieu of bonds, (amount to be determined) at the time application is submitted. Upon completion of filming and inspection of the site by the city, the deposit may be returned to the applicant.

(Ord. 883 § 1 (part), 2007)

If an applicant violates any provisions of this chapter or a permit issued pursuant thereto, the city may cancel the permit. Violation of the terms and conditions of the film permit is considered a misdemeanor. And a penalty fee may be assessed.

(Ord. 883 § 1 (part), 2007)