Mono County Municipal Code Ch. 5.42 Commercial Filming and Still Photography

As used in this chapter:

"Charitable films" means commercials, motion pictures, television, video tapes, or still photography produced by a nonprofit organization that 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.

"Code compliance officer" means the person employed by the county as the code compliance officer or his or her designee.

"Commercial filming and still photography" means and includes all activity attendant to staging or shooting of film, videotape, or digital images for commercial motion pictures, television shows or commercials, and still photography taken for commercial purposes.

"News media" means filming or video taping for the purpose of spontaneous, unplanned television news broadcast by reporters, photographers or cameramen.

(Ord. 01-02 § 1 (part), 2001.)

A. Film Permit Required. No person shall use any public or private property, facility, or residence in the unincorporated area in the county for the purpose of commercial filming and still photography without first applying for and receiving a film permit from the county code compliance officer.

Exemptions:

1. News media;

2. The filming or videotaping of motion pictures solely for private use. The taking of private still photography or digital images for private use;

3. Charitable films;

4. Still photographers whose activities do not interrupt or interfere with normal county or public functions on roads or in other locations and who have no more than one assistant with them.

B. Deadline for Permit. A completed film permit application must be on file with the county before the activity approved by the permit is to take place.

C. Change of Date. Upon the request of the film permit holder, the code compliance officer shall have the power, for good cause shown, to change the date for which the permit has been issued, provided established limitations are complied with in respect to time and location.

(Ord. 01-09 §§ 1, 2, 2001; Ord. 01-02 § 1 (part), 2001.)

A. Issuing Authority. The issuing authority for film permits shall be the county code compliance officer.

B. Applications. The following information shall be included in the application:

1. The name of the owner and the address and telephone number of the place at which the activity is to be conducted;

2. The specific location at such address or place;

3. The inclusive hours and dates such activity will transpire;

4. A general statement of the character or nature of the proposed filming activity;

5. The name, address and telephone number of the person or persons in charge of such filming activity;

6. The exact number of personnel to be involved;

7. Use of any animals or pyrotechnics, and

8. The exact amount/type of vehicles/equipment to be involved.

C. Application Processing Fees. The fee shall be charged for the processing of a film permit application, in an amount set by a resolution of the board of supervisors, not to exceed the county's costs of processing permits and otherwise administering this chapter.

D. Reimbursement for Personnel. Before permit issuance, the permit applicant shall tender an amount representing the county's estimated costs of county personnel time and services proposed to be rendered with respect to the activities authorized by the permit. The estimate shall be made promptly by the code compliance officer and communicated to the permit applicant. The amount shall be based on, among other things, anticipated costs to the county for any personnel provided to the permit holder (e.g., police, fire, traffic) for the purpose of assisting the production. If the county's costs should later prove to be less than the amount tendered, then the excess of the amount tendered shall be refunded. If the county's costs should later prove to be more than the amount tendered, then the differences shall be paid to the county by the permit holder.

(Ord. 01-02 § 1 (part), 2001.)

A. Liability Insurance. Before a permit is issued, a certificate of insurance will be required in an amount of at least one thousand dollars naming the county as a co-insured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage. County officers and employees shall be named as additional insureds. The certificate shall remain on file in the county administrative office.

B. Workers' Compensation Insurance. A permit holder shall conform to all applicable federal and state requirements for Workers' Compensation Insurance for all persons operating under a permit.

C. Hold Harmless Agreement. Each permit shall contain a hold harmless provision that must be initialed by the permit applicant before any permit is approved.

D. Faithful Performance Bond. To ensure cleanup and restoration of the site, a permit holder may be required, at the discretion of the code compliance officer, to post a refundable faithful performance bond (in an amount to be determined by the county administrative officer or his or her designee) at the time the application is submitted. Upon completion of filming and inspection of the site by the county, the bond may be returned to the permit holder.

(Ord. 01-09 § 3, 2001; Ord. 01-02 § 1 (part), 2001.)

If a permit applicant or permit holder violates any provision of this chapter or a permit issued pursuant thereto, the county may cancel the permit. Violation of the terms and conditions of the film permit is considered a misdemeanor.

(Ord. 01-02 § 1 (part), 2001.)

A. Cleanup. The permit holder shall conduct operations in an orderly fashion with continuous attention to the storage of equipment not in use and the cleanup of trash and debris. The area used shall be cleaned of trash and debris upon completion of shooting at the scene and restored to the original condition before leaving the site.

B. Filming on Private Property. A permit applicant is required to show proof of a property owner's permission, consent, and/or lease for use of property not owned or controlled by the county before a permit will be issued.

C. Flood Control. When filming in a flood control channel, a permit holder must vacate the channel when the permit indicates because of water releases.

D. Public Works Department (Roads and Streets). If the permit holder must park equipment or vehicles in areas where such parking is generally not allowed, temporary "No Parking" signs may be posted by the county department of public works. A permit holder must have prior permission from the applicable governmental jurisdiction before parking in any area where parking restrictions are ordinarily applicable. The permit holder must also obtain permission from the county department of public works to string cable across sidewalks, or from a generator to a service point.

E. Traffic Control. For filming that would impair traffic flow, a permit holder must coordinate with the California Highway Patrol (CHP), county sheriff, or other local law enforcement personnel, the county department of public works, or Cal Trans (if the road is a state-managed road), whichever has jurisdiction, in order to comply with all traffic control requirements deemed necessary by that agency or department.

1. A permit holder shall furnish and install advance warning signs and any other traffic control devices in conformance with the Manual of Traffic controls, State of California, Department of Transportation. All appropriate safety precautions must be taken.

2. Traffic may be restricted to one twelve foot lane of traffic and/or stopped intermittently. The period of time that traffic may be restricted will be determined by the county department of public works and/or Cal Trans based on location.

3. Traffic shall not be detoured across a double line without prior approval of the appropriate county or state department representative.

4. Unless authorized by the county, camera cars must be driven in the direction of traffic and must observe all traffic laws.

5. Any emergency road work or construction by county crews, the state, and/or private contractors, under permit or contract to the appropriate county or state department, shall have priority over filming activities.

6. In order to assure the safety of citizens in the surrounding community, access roads that serve as emergency service roads must never be blocked.

F. Use of Fire. Permitees must comply with any applicable fire control or safety laws in place where they are filming. Licensed pyrotechnicians must be used when the code compliance officer or his or her designee requires it.

(Ord. 01-09 § 4, 2001; Ord. 01-02 § 1 (part), 2001.)