Palm Desert Municipal Code Ch. 5.94 Motion Picture and Television Production

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

(Ord. 584 § 2, 1989)

As used in this chapter:

"Charitable films"

shall mean 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 film or from showing the films, tapes, or photos.

"Filming activity"

means the filming, video taping, photographing or other similar process conducted for the making of motion pictures, television programs, commercial and nontheatrical film productions.

"Film permit"

means written authorization from the city 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 news services.

"Studio"

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

(Ord. 584 § 3, 1989)

It is unlawful to conduct a filming activity as defined in Section 5.94.020(B) without first obtaining a film permit from the city.

(Ord. 584 § 4, 1989)

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

A. Film activities conducted for news purposes as defined in Section 5.94.020(C);

B. Filming activities conducted in a studio as defined in Section 5.94.020(D);

C. Filming activities conducted for use in a criminal investigation or court civil or criminal proceeding;

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

E. Filming or video taping of charitable films as defined in Section 5.94.020(E).

(Ord. 584 § 5, 1989)

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

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

(Ord. 584 § 6, 1989)

Permit application shall be on a form furnished by the city. Such form shall request the following information:

A. Name, business address and telephone number of applicant;

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

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

D. Description of scenes to be filmed including details of any stunts, chase scenes, pyrotechnics or special effects;

E. Name of person in charge on location:

F. Proof of permission to film on private property within city;

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

H. Use of any animals 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.

(Ord. 584 § 7, 1989)

A. The application shall be approved or denied within the following time periods:

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

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

3. Within ten business days of receipt of application for approval and issuance of permit requiring road 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 exist:

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 application after being requested to do so, 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 or local law including license/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 denying the permit.

(Ord. 584 § 8, 1989)

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:

1. Requirements for the presence of county sheriff's department, county fire department or city public works department employees when required for the particular filming activity at the applicant's expense;

2. Requirements concerning posting of no parking signs and placement of other traffic control devices at the applicant's expense;

3. Restrictions on the use of gunfire, explosions and other noise-creating or hazardous devices;

4. Restrictions on hours of filming activity;

5. Requirements concerning notice to affected property owners of the filming activity.

(Ord. 584 § 9, 1989)

A. A permit application processing fee in an amount established by city council resolution shall be paid by the applicant at the time the application is filed.

B. A schedule of fees for city services and use of city property shall be established by city council resolution. The applicant shall prepay such fees prior to issuance of the film permit.

(Ord. 584 § 10, 1989)

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

(Ord. 584 § 11, 1989)

A. The applicant for a film permit must possess or obtain liability insurance to protect against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the filming activity. Such insurance shall name on the policy or by endorsement as insureds, the city of Palm Desert, its officers, employees and agents. Insurance coverage must be maintained for the duration of the filming activity. Coverage shall be provided by a comprehensive general liability insurance policy in the amount and scope of coverage prescribed by the city council resolution.

B. A copy of the policy or a certificate of insurance along with all necessary endorsements on forms provided by the city must be filed with the city not less than three business days prior to the filming activity unless the city manager, for good cause, waives the filing deadline.

C. Proof of insurance coverage as specified in subsections A and B of this section must be verified by the city prior to issuance of a film permit.

(Ord. 584 § 12, 1989)

A. Prior to the issuance of the film permit, the permit applicant must sign an agreement to reimburse the city for any costs incurred to repair or replace city property which is damaged as the result of the filming activity.

B. The agreement shall also provide that the permittee shall defend, indemnify, and hold harmless the city, its officers, agents or employees from all claims and liability of any kind whatsoever resulting from or arising out of the filming activity or issuance of the film permit.

(Ord. 584 § 13, 1989)

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 city manager.

B. Each permittee shall clean and restore all city-owned property utilized during the filming activity to the same conditions as existed prior to the filming.

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

(Ord. 584 § 14, 1989)

The permit applicant may appeal a permit denial, permit condition or permit revocation, or refusal to waive a deadline, under this chapter by filing an appeal, within five days of the date of the city decision, with the city clerk. The appeal shall be heard by the city council at its next regular meeting.

(Ord. 584 § 15, 1989)

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

(Ord. 584 § 16, 1989)