Lomita Municipal Code Art. 6 Filming Activities

It is the purpose of this article to provide rules governing issuance of permits for filming activities on location within the city. The intent of this article is to ensure that still photographers, motion picture, television, commercial and nontheater filming companies will be encouraged to use locations for filming activities within the city as those activities are consistent with the public safety and the protection of property.

(Ord. No. 643, § 1, 12-19-01)

(a) Applicant shall mean the person, organization, corporation, association or other entity applying for a permit to film in the City of Lomita.

(b) City shall mean the City of Lomita as a municipal corporation and existing pursuant to the laws of the State of California.

(c) Filming activity shall mean the staging, shooting, filming, videotaping, photographing, or similar process conducted for the making of still photographs, motion pictures, television programs, commercial and nontheatrical film productions.

(d) Film permit office shall mean the finance department or such other office designated by the city manager to coordinate filming and issue film permits in the City of Lomita.

(e) Film permit shall mean written authorization from the city's representative designated by the city manager to conduct filming activities described in the permit.

(f) Master fee schedule shall mean those fees, taxes, and reimbursements for costs and administrative policies adopted by the council.

(g) News purposes shall mean a filming activity conducted for the purpose of reporting on persons, events, or scenes which are in the news for newspapers, television news, and other media.

(h) Permittee shall mean the person, organization, corporation, association or other entity issued a film permit under this policy.

(i) Public street shall mean any street, right-of-way, public trail, bikeway or road maintained by the city and located within the city limits.

(j) Still photography shall mean and include all activity attendant to staging or shooting commercial still photographs.

(k) Student filming activity shall mean filming activity conducted to fulfill a course requirement by a student enrolled at a public or private school.

(l) Studio shall mean a fixed place of business where filming activities are regularly conducted upon the premises.

(Ord. No. 643, § 1, 12-19-01; Ord. No. 699, § 1, 4-2-07)

It is unlawful to conduct a filming activity as defined in subsection 6-4.26.02(c) within the city without first obtaining a film permit from the finance department office. A permit is issued by the film permit office for the purpose of filming on city-owned leased or controlled real property or city streets. This permit does not constitute or grant the right to use or occupy property not owned, leased or controlled by the City of Lomita. This permit must be in the possession of the permittee at all times while on location in the city. An applicant shall obtain the private property owner's permission, consent, and/or lease for use of property not owned or controlled by the city.

(Ord. No. 643, § 1, 12-19-01)

The provisions of this article shall not apply to any of the following activities provided that the activity will not require the closure of a public street, or substantially impede pedestrian or vehicular traffic thereon:

(a) Filming activities conducted for news purposes defined in subsection 6-4.26.02(g).

(b) Filming activities conducted at studios as defined in subsection 6-4.26.02(l).

(c) Filming activities conducted for use in a criminal investigation or civil or criminal court proceeding.

(d) Noncommercial filming activities conducted on private property solely for private or family use.

(e) Commercial still photography or staging thereof, when conducted to the exclusion of any other filming activity as defined in subsection 6-4.26.02(j) when the following conditions apply:

(1) The still photography, or staging thereof, will not be conducted on city property.

(2) The still photography, or staging thereof, will not require the parking of more than two (2) motor vehicles on any public street within the city.

(f) Filming activities conducted by or for the city.

(Ord. No. 643, § 1, 12-19-01)

Applications for a film permit must be filed in the film permit office a minimum of two (2) business days in advance of the date the film activity is to begin; except that an application for a permit which includes traffic control for more than three (3) minutes, minor stunts, minor special effects, shall require a minimum of four (4) working days, and those which include street closures, major stunts, or pyrotechnics must be filed a minimum of ten (10) business days in advance of the first day of filming.

No late applications will be processed by the city unless the film permit officer determines that special circumstances exist relative to the application, which would have prevented its application on a timely basis.

Applicants are encouraged to submit applications at the earliest advance date possible in order to facilitate coordination between city departments.

Upon showing of good cause, the film permit office shall consider applications, which are filed after the filing deadline if there is sufficient time to process and investigate them, and for city staff to prepare for the filming activity.

(Ord. No. 643, § 1, 12-19-01)

The film permit application shall be on a form furnished by the film permit office signed by the applicant or agent thereof. Such application shall include but not be limited to the following information:

(a) Name, address, and telephone number of applicant.

(b) Name, address, and 24-hour telephone(s) of person in charge of filming in location.

(c) Filming location(s), dates and approximate daily call times of proposed filming activities.

(d) Description of scenes to be filmed including details of any hazardous filming activities employing firearms, explosives, the use of open flame, other pyrotechnical effects, animals, filming of moving motor vehicles or aircraft.

(e) Description of the types and number of motor vehicles which will be parked on public streets, and description of any equipment to be placed on public property.

(f) Evidence of adequate insurance certificate as may be required.

(g) Such other information descriptions, diagrams, and technical information as the film permit office may require.

(Ord. No. 643, § 1, 12-19-01)

(a) The film permit applications shall be approved or denied within two (2) business days of receipt of the application unless the proposed filming activity requires review by other city departments or other affected agencies due to public health or welfare or fire or traffic safety. The film permit application shall be denied by the film permit office if it is determined from consideration of the application or other pertinent information, that any of following conditions exist:

(1) The filming activity will substantially disrupt the use of a public right-of-way street at a time when it is usually subject to traffic congestion, or interfere with the operation of emergency vehicles in the proposed permit area.

(2) The location of the filming activity will substantially interfere with a right-of-way or street maintenance work, or a previously authorized excavation permit.

(3) The proposed permit location is on city property and the filming activity will substantially interfere with other previously authorized activities, contracts or safety of persons or employees while on city property.

(4) The proposed permit location is on city property and the filming activity will substantially interfere with municipal functions or the scheduled maintenance of city buildings or grounds.

(5) The filming activity creates a substantial risk of injury to persons or damage to property.

(6) The applicant failed to complete the application after being requested to do so, or the information contained in the application is found to be false in any material detail.

(7) The particular filming activity would violate federal, state, or local law including licensing or permit requirements.

(8) Any combination of specific facts, and/or conditions which, results in a situation that would not be applicable to the proposed filming activity.

(b) When the grounds for permit denial can be corrected by imposing reasonable permit conditions and licensee agrees to those conditions, the film permit office may impose such conditions rather than deny the permit.

(Ord. No. 643, § 1, 12-19-01)

The film permit office may condition the issuance of a permit by imposing reasonable terms, conditions and requirements concerning the time, place, manner and duration of filming activities as referenced in the "Terms and Conditions" attached to the film permit including, but not limited to, the following:

(a) Requirements for the presence of employees of the city at the applicant's expense, when required for the particular filming activity.

(b) Requirements for the presence of a sheriff's deputy or fire personnel. The permittee is responsible for arranging services and payment of costs through the Los Angeles County Sheriff Department and/or the Los Angeles County Fire Department.

(c) Requirements concerning posting of no parking signs, placement of traffic control devices, and employment of traffic and crowd control monitors at the applicant's expense.

(d) Requirements concerning posting of the outer boundaries of the filming activity and providing advance notice to affected property owners, businesses and tenants.

(e) Requirements concerning the cleanup and restoration of public streets and city property employed in the filming activity.

(f) Restrictions concerning the use of city or other public agency employee services, vehicles and other equipment in the filming activity.

(g) Requirements that the applicant pay all fees, and obtain all permits and licenses required for the filming activity under local, state and federal laws.

(h) Restrictions on the use of firearms, explosions, and other noise-creating or hazardous devices which disturb the peace.

(i) Restrictions on the use of stunts involving pyrotechnics, open flame, vehicle crashes or other hazardous materials.

(j) Requirements concerning cover-up of police, fire and other official uniforms worn by actors, when the actors are not on camera.

(k) Restrictions concerning the use of city and other public agencies' logos, insignias, badges or decals for filming purposes.

(l) Restrictions on the locations and/or daily hours the filming activity may be conducted within the city.

(m) Requirements concerning the city's or other public agencies' receipt of proper acknowledgment for any assistance provided in making feature, television or commercial productions.

(n) Requirements concerning affirmative action and non-discriminatory practices for employment.

(Ord. No. 643, § 1, 12-19-01)

(a) A schedule of fees for city services and use of city property shall be in the amount as established by resolution of the city council and/or in accordance with the master schedule.

(b) The applicant shall pay all costs incurred by the city in providing city employees that need to be present during filming activities.

(c) The city may require that a bond, cash advance, or other security approved by the city attorney be posted in advance of the issuance of any permit to guarantee and as a security payment covering the city's anticipated costs or expenses.

(Ord. No. 643, § 1, 12-19-01)

Upon reasonable written notice by the permittee in advance of the filming activity, the film permit office is authorized to change the date for which the film permit has been issued without requiring a new application or permit.

(Ord. No. 643, § 1, 12-19-01)

The applicant for a film permit shall procure and maintain for the duration of the film activity insurance in the forms, types and amount prescribed by the city manager and as approved by the city attorney.

(Ord. No. 643, § 1, 12-19-01; Ord. No. 699, § 1, 4-2-07)

Prior to the issuance of the film permit, the perspective applicant must agree in writing to comply with the "filming permit terms and conditions".

(Ord. No. 643, § 1, 12-19-01)

The permittee, and all agents, employees, and contractors of the permittee at the filming activity site within the city shall comply with the following requirements:

(a) The permittee shall comply with all "terms and conditions" of the film permit.

(b) The permittee shall not conduct a filming activity within the city not authorized by the filming permit.

(c) The permittee shall meet with and brief city staff as necessary to ensure that the personnel assigned have a full understanding of the hazards and city resources involved.

(d) The permittee shall be responsible for ascertaining the full purpose(s) of the permit conditions and ensuring that all film personnel are in compliance.

(e) The permittee shall comply with instruction made by the sheriff and fire department officer(s) assigned to police and ensure safety at the filming activity site.

(f) The permittee shall comply with instruction made by city employees assigned to observe and regulate the filming activity site.

(g) The permittee shall clean and restore all city-owned property utilized during the filming activity to the same condition as existed prior to the filming activity.

(h) The permittee shall comply with these regulations and all other policies and laws of the city and state and federal law.

(Ord. No. 643, § 1, 12-19-01)

The applicant for a film permit may request that the city authorize a street closure on the film permit application. A short-term encroachment permit shall be granted by the city manager, his designee, or by the sheriff, unless public health, welfare and/or safety would be endangered or affected.

(Ord. No. 643, § 1, 12-19-01; Ord. No. 699, § 1, 4-2-07)

During the filming of any special effect or stunt requiring the use of pyrotechnics or any material deemed hazardous, including but not limited to fireworks, open flame or explosives, the applicant must obtain all relevant and required permits from the fire department.

(a) Permit revocation. The film permit office may revoke the film permit if the permittee, or any agents, employees or contractors of the permittee fail to comply with the requirements set forth in section 6-4.26.13, or if the film permit office determines after the film permit is issued that the film permit application was false in any manner or detail.

(1) Notice of the grounds for revocation of the film permit shall be provided in writing by the film permit office to the permit applicant or person in charge at the site of the filming activity.

(2) Appeals of the film permit revocation shall be conducted in the manner specified in section 6-4.26.17.

(b) Permit suspension. The Los Angeles County Sheriff Department Deputy assigned to police the filming activity site may suspend the film permit when the filming activity poses an immediate hazard to persons or property and the location manager will not, or cannot, prevent the hazardous condition and upon being instructed to do so by the deputy.

(1) The grounds for permit suspension shall be provided in writing by the film permit office to the permittee within one (1) business day of the suspension.

(2) Appeals of the permit suspension shall be conducted in the manner specified in section 6-4.26.17.

(Ord. No. 643, § 1, 12-19-01)

(a) The permit applicant or permittee may appeal a permit denial, revocation or suspension, permit condition, insurance/fees requirement or the film permit office's decision not to waive a deadline set forth in the policy. Such appeal shall be filed with the city manager's office not later than five (5) business days after the date written notice of decision is made. Failure to timely file an appeal shall result in a waiver to the right to have the appeal heard by the city manager or his/her designee.

(b) Appeals of the city manager's decisions may be made to the city council by filing a written notice of appeal setting forth the reasons for such appeal with the city clerk within five (5) business days of the date of the decision(s) being appealed. The city council shall hear the appeal at the next available public meeting and render its decision.

(Ord. No. 643, § 1, 12-19-01; Ord. No. 699, § 1, 4-2-07)