Article 23 — PERMIT REQUIREMENTS FOR COMMERCIAL MOTION PICTURE PRODUCTIONS,

TELEVISION PRODUCTIONS AND STILL PHOTOGRAPHY

It is the policy of the County of Orange to encourage commercial motion picture production, television production and still photography within its boundaries. This article provides the basis for the regulations governing the issuance of permits for filming, video taping, still photography and related activities on property owned, operated or administered by the County of Orange or the special districts under the

jurisdiction of the Orange County Board of Supervisors. This article is intended to ensure that filming, videotaping and still photography is done in a manner consistent with protecting the public health and safety and public property.

(Ord. No. 3717, § 1, 6-14-88; Ord. No. 05-020, § 43, 11-22-05)

(a)

Charitable films include commercials, motion pictures, television programs, video tapes or still photography produced by a nonprofit organization, which qualifies under section 501(c)(3) of the Internal Revenue Code or section 23701 of the California Revenue and Taxation Code as a charitable organization. If such a nonprofit organization is involved in charitable filmmaking, videotaping or still photography, no person, directly or indirectly, may receive a profit from the marketing, production or showing of the films, videotapes or photographs.

(b)

Film permit rider means a minor addition, change or deletion to the film permit, as determined by the issuing agency.

(c)

Issuing agency shall be the Director, or his or her designated representative, of the Resources and Development Management Department, or any other representative specifically designated by the Board of Supervisors.

(d)

Motion picture production, television production and still photography includes all activity attendant to staffing or shooting commercial motion pictures, television programs, television commercials and still photography.

(e)

News media includes regularly scheduled news programs, not including magazine or documentary programs, and special news programs which are not preplanned and which are broadcast within twenty- four (24) hours after the event.

(Ord. No. 3717, § 1, 6-14-88; Ord. No. 05-020, § 44, 11-22-05)

Except as provided in section 5-3-338, a person shall not use any County property within the unincorporated areas of the County of Orange or property or facilities belonging to the County of Orange or the special districts under the jurisdiction of the Orange County Board of Supervisors for the purpose of motion picture production, television production or still photography without first applying for and receiving a film permit from the issuing agency.

(a)

Permits for still photography may be issued annually, daily or for multiple days depending on the permit duration request of the applicant. Annual permits for still photography expire one (1) year from the date of issuance or upon the expiration date of the permittee's insurance covering the still photography event which is the subject of the permit, whichever date is earlier. Annual permits for still photography may be renewed in accordance with the general permit renewal requirements set forth in division 2 of this title, provided the requesting permittee can show appropriate insurance coverage to be determined in the sole discretion of the County and in accordance with Section 5-3-340 for the duration of the permit period.

(b)

Permits for motion picture production or television production may be issued either daily or for multiple days depending on the permit duration request of the applicant. The applicant must show appropriate insurance coverage to be determined in the sole discretion of the County and in accordance with Section 5-3-340 for the duration of the permit period.

(Ord. No. 3717, § 1, 6-14-88; Ord. No. 05-020, § 45, 11-22-05)

(a)

Charitable films produced by nonprofit organizations, as defined in section 5-3-336(a) of this article, and news media, as defined in section 5-3-336(e) of this article, are exempt from any permit fees established pursuant to this article.

(b)

Any applicant who submits a class schedule showing that the applicant is currently enrolled in a recognized United States educational institution and a letter on school letterhead stating that the film, videotape or photograph is not for commercial release is exempt from any permit fees established pursuant to this article.

(c)

This article does not apply to the filming or videotaping of motion pictures or the taking of still photographs solely for private use.

(d)

This article does not apply to reporters, photographers, cameramen or other persons engaged in on-the spot broadcasting of news events for the news media.

(Ord. No. 3717, § 1, 6-14-88; Ord. No. 05-020, § 46, 11-22-05)

(a)

The issuing agency is authorized and directed to promulgate policies and procedures governing issuance of film permits and film permit riders. The policies and procedures shall include provisions for personnel and property usage charges and fees as approved by the Board of Supervisors.

(b)

To ensure cleanup and restoration of a site, the issuing agency may require an applicant to post a refundable negotiable surety amount to be determined at the time the application is submitted. On completion of all production activities and inspection of the site by the issuing agency, the surety may be returned in full or in part based on the need for the appropriate county department, agency or district to complete site cleanup or restoration, or both.

(Ord. No. 3717, § 1, 6-14-88; Ord. No. 05-020, § 47, 11-22-05)

(a)

As a condition of issuance of a permit, the applicant must obtain a comprehensive general liability insurance policy acceptable to the County of Orange issued by an insurance company authorized to do business in the State of California, with coverage that includes the permitted activities and the location in which the filming, video taping or photography activities will occur and any other area used by the applicant. The County of Orange, any special district under the jurisdiction of the Orange County Board of Supervisors and their officers, agents and employees, shall be named as additional insureds on the policy for protection against claims of bodily injury, wrongful death and property damage. The policy limits of the insurance policy shall not be less than one million dollars ($1,000,000.00) per occurrence combined single limit for both bodily injury and property damage.

(b)

The policy shall also contain a provision that no termination, cancellation or change of coverage on the insured or additional insured is effective until after thirty (30) days notice thereof has been given in writing to the office of the issuing agency.

(c)

The applicant agrees to indemnify, defend with counsel approved in writing by the County of Orange, and hold harmless the County of Orange, and special districts under the jurisdiction of the Orange County Board of Supervisors and their officers, agents and employees, and shall defend, indemnify and save harmless the County of Orange, any special districts under the jurisdiction of the Orange County Board of Supervisors and their officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including workers' compensation claims, of or by anyone in any way resulting from any act or omission of the applicant or such officers, agents or employees of the applicant.

(d)

The applicant shall conform to all applicable federal and state worker's compensation insurance requirements for all persons operating under a film permit issued by the County of Orange.

(e)

The applicant shall provide other insurance coverage as may be required by the issuing agency.

(Ord. No. 3717, § 1, 6-14-88; Ord. No. 05-020, § 48, 11-22-05)

(a)

The Orange County Personnel Department Public Information Office is the designated Orange County Film Industry Liaison and shall:

(1)

Provide information and referral assistance, resource material and applications to individuals and organizations desiring to conduct motion picture, television or photography activities in the County of Orange.

(2)

Develop and administer programs to promote the development of the film industry in the County of Orange.

(3)

Cooperate and coordinate with public and private sector representatives seeking to promote the development of the film industry in the County of Orange.

(4)

Perform such other duties as may be prescribed by the board of supervisors.

(b)

The issuing agency shall:

(1)

Coordinate with County departments, agencies and districts for the approval and issuance of facility usage permits required to film, video tape or photograph on their respective County or district property.

(2)

Collect the appropriate charges and fees.

(3)

Perform such other duties as may be prescribed by the board of supervisors.

(c)

The appropriate County departments, agencies and districts shall monitor the activities of permittees to assure compliance with permit requirements. If in the judgment of the appropriate department, agency or district there is or has been a violation of the permit, that department, agency or district shall notify the issuing agency of the violation.

(Ord. No. 3717, § 1, 6-14-88)

(a)

In addition to the reasons for denial of a license or permit set forth in Section 5-2-5 of Division 2 of this title, the issuing agency may also deny granting a film permit or film permit rider if the issuing agency determines that the requested activities may unreasonably interfere with the normal operation or use of the property.

(b)

The issuing agency may also cancel, revoke or suspend a permit if the permittee violates any provision of this article or a permit issued pursuant to this article.

(Ord. No. 3717, § 1, 6-14-88; Ord. No. 05-020, § 49, 11-22-05)

Secs. 5-3-343—5-3-350. - Reserved.