Norwalk Municipal Code Ch. 5.40 Motion Pictures and Television Production

As used in this chapter:

"Charitable films"

means commercials, motion pictures, television, video tapes, 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 charitable film or from showing the films, tapes or photos.

"Director"

means the City Manager or designee.

"Filming activity"

means the filming, video taping, photographing or other similar process conducted for the making of motion pictures, digital media, television, commercials and nontheatrical productions.

"Film permit"

means written authorization from the City of Norwalk to conduct the filming activity described in the permit.

"News purposes"

means a filming activity conducted for the purpose of reporting on persons or events which are in the news for television and other reporting services.

"Studio"

means a fixed place of business where filming activities are conducted upon the premises.

(Prior code § 7-19.1; amended during 2008 republication; Ord. 21-1722 § 2)

It is unlawful to conduct a filming activity as defined in Section 5.40.010 without first obtaining a film permit from the City.

(Prior code § 7-19.2; Ord. 21-1722 § 2)

The provisions of this chapter shall not apply to any of the following activities:

A. Film activities conducted for news purposes;

B. Filming activities conducted in a studio;

C. Filming activities conducted for criminal investigation or civil or criminal court proceedings;

D. Filming or video taping of motion pictures solely for private family or personal use;

E. Filming or video taping by charitable organizations.

(Prior code § 7-19.3; Ord. 21-1722 § 2)

Applications for a filming permit must be filed with the City at least two business days in advance of the time that the proposed filming activity is to commence.

Application deadlines may be waived for good cause by the Director if there is sufficient time remaining to process the application, and for the City to prepare for the requested filming activity.

(Prior code § 7-19.4; Ord. 1509 § 4, 2000; Ord. 21-1722 § 2)

The permit application shall be on a form furnished by the City. Such form shall request the following information:

A. The name, business address and telephone number of the applicant;

B. The name of the owner, the address and telephone number of the place at which the activity is conducted;

C. Location(s), date(s) and approximate daily times of the proposed filming activity;

D. A description of the scenes to be filmed including any details of stunts, chase scenes, pyrotechnics or special effect activities;

E. The name of the person in charge on location;

F. Proof of permission to film on private property within the City of Norwalk;

G. The exact number of personnel to be involved in the activity;

H. Use of animals, children or pyrotechnics;

I. The exact number, type and description of all vehicles and equipment to be involved or parked on City streets during filming activities.

(Prior code § 7-19.5; Ord. 21-1722 § 2)

A. The application for a film permit shall be approved or denied within the following time periods:

1. Within two business days of receipt of application for approval and issuance of a normal permit;

2. Within four business days of receipt of application for approval and issuance of a permit requiring traffic control which exceeds three minutes, involves stunts or special effects;

3. Within 10 business days of receipt of application for approval and issuance of a permit requiring street closures.

B. The film permit shall be approved by the City unless it is determined from consideration of the application or other pertinent information that any of the following conditions exists:

1. The filming activity will substantially interfere with the operation of emergency vehicles in the proposed permit area.

2. The filming activity creates a substantial risk of injury to persons or property.

3. The applicant failed to complete the required application form or the information contained in the application is found to be false in any material detail.

4. The particular filming activity would violate Federal, State, zoning and/or film permit requirements.

C. When the grounds for permit denial can be corrected by imposing reasonable permit conditions, the City shall impose such conditions rather than deny the permit.

(Prior code § 7-19.6; Ord. 21-1722 § 2)

The City may condition the issuance of a filming activity permit by imposing reasonable requirements concerning the time, place and manner of filming activities, including, but not limited to, the following:

A. Requirements for the presence of Sheriff, Fire, Public Safety, Building, Public Services and any other appropriate City employees when required for the particular filming activity at the applicant's expense;

B. Requirements concerning the posting of NO PARKING signs and the placement of other traffic control devices at the applicant's expense;

C. Restrictions on the use of gunfire, explosives and any other activities which generate substantial noise or are determined by the City to be hazardous;

D. Restrictions on the hours of filming activity;

E. Requirements concerning notice to affected property owners concerning the manner, time and place of filming activities.

(Prior code § 7-19.7; Ord. 21-1722 § 2)

A. A permit application processing fee in an amount established by a resolution of the City Council, shall be paid by the applicant at the time a film permit application is filed.

B. A schedule of fees for City services and use of City property shall be established by a resolution of the City Council. The applicant shall pay for the costs of City services prior to issuance of a film permit.

(Prior code § 7-19.8; Ord. 21-1722 § 2)

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

(Prior code § 7-19.9; Ord. 1509 § 4, 2000; Ord. 21-1722 § 2)

A. The applicant for a film permit must possess or obtain liability insurance to protect against loss from liability imposed by law for damages in the following amount:

1. One million dollars ($1,000,000.00) combined single limit coverage for bodily injury and/or property damage;

2. One million dollars ($1,000,000.00) automobile liability.

B. A copy of the required insurance policy or a certificate of insurance with all necessary endorsements must be filed with the Director prior to the commencement of filming activity, unless the City Manager for good cause waives the filing deadline.

(Prior code § 7-19.10; Ord. 1509 § 4, 2000; Ord. 21-1722 § 2)

Prior to the issuance of a film permit, the applicant must submit an indemnification agreement, on a form approved by the City Attorney, in which the permittee agrees to defend, indemnify and hold-harmless the City, its officers, agents or employees from all claims and liability resulting from the filming activity or issuance of the film permit.

(Prior code § 7-19.11; Ord. 21-1722 § 2)

A. Each permittee shall comply with all terms and conditions of the permit. Failure to comply with all permit terms and conditions is grounds for permit revocation by the Director.

B. Each permittee shall clean and restore all City owned property utilized in the filming activity.

C. The person in charge of the filming activity shall retain a copy of the film permit on location.

(Prior code § 7-19.12; Ord. 1509 § 4, 2000; Ord. 21-1722 § 2)

The permit applicant may appeal denial of a film permit, permit condition or permit revocation, or refusal to waive a deadline under this chapter by filing an appeal within five days of the City's decision, with the City Clerk. The appeal shall be heard by the City Council at its next regular meeting.

(Prior code § 7-19.13; Ord. 21-1722 § 2)

The violation of any provision of this chapter is a misdemeanor. Such violations may also be addressed in a civil action.

(Prior code § 7-19.14; Ord. 21-1722 § 2)

In accordance with Government Code Section 14999.20(a), the City Council designated the Director as the Designated Film Representative, to coordinate issuance of film permits, assist in attracting motion picture production and expedite the processing of all permits for motion picture, digital media, television and commercial filming within the City.

(Prior code § 7-19.15; Ord. 1509 § 5, 2000; Ord. 21-1722 § 2)