Monterey County Municipal Code Ch. 7.50 Monterey County Film Permit

This Chapter shall be known and may be referred to in all proceedings as the "Monterey County Film Permit Ordinance."

(Ord. 2950, 1984)

This Chapter is enacted pursuant to California Constitution, Article 11, Section 7, for the purpose of regulating the making of movies by movie production companies upon County roads in the unincorporated areas of Monterey County, or on property or in buildings owned or maintained by the County of Monterey, except County park land.

(Ord. 2950, 1984)

For the purposes of this Chapter, the following definitions shall apply:

A. "Making of movies" shall mean the filming, video taping, or photographing for commercial purposes of movies, films, commercials, or television programs on the County roads or on land or in buildings owned by the County of Monterey, except County parks land but shall not include television news coverage or news specials. County parks land is covered by Special Permit Procedures of the Monterey County Parks and Recreation Department.

B. "Movie production company" shall include any corporation, partnership, or individual engaged in the "making of movies" for profit.

C. "County roads" shall mean those roads which are a part of the official Monterey County maintained road system.

D. "Monterey County film permit" shall mean a permit issued by the County of Monterey on a form setting forth standard conditions approved by Monterey County including such other reasonable conditions as may be required by the particular circumstances involved.

(Ord. 2950, 1984; Ord. 3477, 1990)

It shall be unlawful for any movie production company to engage in the making of movies on County roads, or on land or in buildings owned by the County of Monterey except County parks land without first obtaining a Monterey County film permit.

(Ord. 2950, 1984)

The Office of the Sheriff shall administer these provisions, including the issuance of blank permit forms, review of completed forms, and shall require application for other related permits from other County departments or agencies when it is deemed necessary. Such other applications shall be processed in the normal fashion established by the department or agency issuing same, except that the granting of any such other permit shall be made conditional upon the granting of the related film permit by the Office of the Sheriff. The Sheriff may obtain input or otherwise consult with other affected department or agencies, and if necessary hold hearings prior to deciding whether to issue a particular film permit.

The Public Works Director may deem that certain roads are critical to the County's transportation system and therefore determine that these roads may not be used for filming.

Application for a film permit shall be denied by the Sheriff if it is determined by the affected department that the imposition of reasonable conditions upon the granting of the film permit will not prevent a substantial risk of unwarranted disruption of traffic or of County governmental activity of property, or the creation of traffic hazards, or damage to the environment, or zoning violations. Applications to use County property or buildings, or portions thereof not normally open to the public may be denied in the discretion of the Sheriff, upon the advice of the affected department, agency or body.

(Ord 3477, 1990; Ord. 2950, 1984)

A. Any applicant or person claiming to be affected by the proposed Monterey County film permit who is dissatisfied with the action of the Sheriff in approving or disapproving an application shall have the right of appeal to the Board of Supervisors.

B. An appeal from the action of the Sheriff in approving or disapproving an application shall be taken by filing with the Clerk of the Board of Supervisors, within ten (10) days after notice of the action of the Sheriff has been mailed to the applicant at the address shown on the application, a written statement setting forth fully the grounds for appeal. Upon failure to file notice of appeal within a ten (10) day period, the action of the Sheriff shall be final and conclusive.

C. The Clerk shall set a time for hearing on an appeal before the Board of Supervisors and written notice of a time and place of the hearing shall be given to the applicant or other appellant at least five days prior to the hearing.

D. The Board of Supervisors shall either affirm or reverse the action of the Sheriff. Should the Board of Supervisors reverse the action of the Sheriff, notice of the reversal shall be given to the Sheriff, who shall, upon payment of the required fee, issue the permit.

(Ord. 3477, 1990; Ord. 2950, 1990)

A non-refundable fee for the processing of an application for a Monterey County film permit shall be collected at the time the application is filed, and prior to its being processed. The fee shall be in the amount as established by the Board of Supervisors in the Monterey County Fee Resolution.

(Ord. 4188 § 4, 2003; Ord. 3477, 1990; Ord. 2950, 1990)

In addition to the film permit fee set forth in Section 7.50.070, a road usage fee shall be charged if filming takes place on County roads. The fee shall be in the amount as established by the Board of Supervisors in the Monterey County Fee Resolution.

The road usage fee established by this Chapter may be adjusted from time to time by resolution of the Board of Supervisors. Any labor, materials, or devices needed to provide traffic control shall be supplied by the applicant, such devices shall conform to the current State of California Manual of Traffic Controls, Warning, Signs, Lights, and Devices for use in Performance of Work Upon Highways.

(Ord. 4188 § 5, 2003; Ord. 3477, 1990; Ord. 2950, 1984)

In addition to the application fee described in Section 7.50.070, the applicant for a film permit and/or his or her principal(s) shall, as a condition to the granting thereof, agree to pay and reimburse the County of Monterey for any and all costs necessarily and/or reasonably associated with road closure, traffic control, crowd control, if provided by County, or the like during filming operations. In addition, the applicant for a film permit and/or his or her principal(s) shall agree as a condition to the granting of the permit:

1. To pay a reasonable rental for the use of any Monterey County property utilized in any manner during filming operations;

2. To indemnify in full and hold harmless, including any costs of litigation and reasonable attorneys fees, the County of Monterey for any and all damage or other liability which may accrue from the acts and/or omissions of the permittee, from the usage by permittee of County property and/or services; and

3. To maintain adequate insurance coverage which will assure the County that all proper claims for damage and/or loss occasioned by the act or omission of the permittee, its officers, agents and/or employees during the term of the permit will be paid. Liability insurance shall name the County of Monterey, its officers, agents and employees as additional insured and shall provide appropriate minimum coverage for bodily injury, property damage and comprehensive liability, as determined by the County. Such insurance shall further provide for thirty (30) days written notice to the County of Monterey in advance of cancellation or non-renewal of said policies during the term of the film permit. Such insurance policies shall be endorsed to provide that such insurance is primary insurance and that no insurance of the additional insured shall be called upon to contribute to any loss incurred in connection with the exercise by permittee o privileges contained in the film permit issued. The permittee shall furnish the County with a certificate as evidence of the required insurance coverage prior to the effective date of the film permit.

(Ord. 3477, 1990; Ord. 2950, 1984)