Chapter 5.76

PRODUCTION OF MOTION AND COMMERCIAL STILL PICTURES

It is the purpose and intent of the city to encourage the motion picture and television production industry and the commercial still photography industry to utilize the scenic beauty and variety of backdrops afforded in the city as locations for filming, video taping, or otherwise recording motion pictures for movie or television production and still photographs for commercial purposes, provided such activities do not unreasonably interfere with the public health and safety of our citizens or unreasonably endanger any property within the city.

It is the purpose and intent of this chapter to provide the means by which such activities may be reasonably regulated to preserve the public health and safety and provide for the protection of property, to not unduly restrict such activities, and to maintain harmonious relations between the community and those engaged in such activities. (Ord. 1280 § 1, 1987)

For the purpose of this chapter only, the following words and terms shall be deemed to mean and be construed as follows:

"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 film or from showing the films, tapes or photos.

"Film permit officer" means the city manager or his designee. The film permit officer also serves as Palm Springs' liaison to the California film office.

"Motion picture, television, still photography" means and includes all activity attendant to staging or shooting commercial motion pictures, television shows or programs, and commercials.

"News media" means the photographing, filming or video taping for the purpose of spontaneous, unplanned television news broadcast or reporting for print media by reporters, photographers or camera persons.

"Studio" means a fixed place of business where filming activities (motion or still photography) are regularly conducted upon the premises. (Ord. 1280 § 1, 1987; Ord. 1548 § 1, 1997)

Except as otherwise provided herein, it is unlawful for any person to engage in the business or activity of the filming, video taping or otherwise producing motion pictures or still photography for television or public exhibition at any place within the city, other than at or in an established motion picture, television or photography studio, unless such person has first been issued a motion picture or still photography permit by the film permit officer. (Ord. 1280 § 1, 1987)

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City of Palm Springs, CA

BUSINESS REGULATIONS

§ 5.76.040

§ 5.76.050

The provisions of this chapter shall not apply to the following for filming, video taping or the photographing or otherwise preserving of motion pictures or still photographs:

• (1) News Media.

Those reporters, photographers or camera persons in the employ of a newspaper, news service or similar entity engaged in on-the-spot print media, publishing or broadcasting of news events concerning those persons, scenes or occurrences that are in the news and of general public interest; and/or those who are filming or video taping for use in criminal investigations, civil proceedings, and emergencies such as fires, floods, police actions, etc. This exception does not apply to:

• (a) Magazines or documentary programs,

• (b) Publications (newspapers, magazines, etc.) and filming companies (television, motion picture companies) producing films or still photography for the city's benefit (publicity, advertising and tourismrelated purposes), but all fees shall be waived;

• (2) Those who film or video tape motion pictures solely for private family use;

• (3) Charitable Films.

Those projects that qualify under Section 501(c)(3) of the Internal Revenue Code;

• (4) Those filming activities (motion or still photography) conducted at a studio;

• (5) Those education, government, and public access and local origination programs for cable television systems franchised within the city.

• (Ord. 1280 § 1, 1987; Ord. 1548 § 2, 1997)

An application for a motion picture permit or still photography permit shall be submitted to the film permit officer, on a form which the film permit officer shall furnish, wherein the applicant shall state the following information:

• (a) Full legal name of applicant;

• (b) Business name of applicant, if different;

• (c) Business address of applicant;

• (d) Business telephone number of applicant;

• (e) Location(s) of proposed motion picture or still photography activity;

• (f) Date(s) and time(s) of proposed motion picture or still photography activity;

• (g) A description, including the number and type, of all motor vehicles that applicant will utilize;

• (h) Services of city employees desired or requested on location during the proposed activities;

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City of Palm Springs, CA

PALM SPRINGS CODE

§ 5.76.050

§ 5.76.100

• (i) A list of all public facilities which applicant desires to use in conjunction with the proposed activity;

• (j) The name of the person in charge at each location where the proposed activity will occur;

• (k) Such other information as the film permit officer may deem necessary. (Ord. 1280 § 1, 1987)

An application fee, to cover the actual cost of processing the permit, in an amount determined by resolution of the city council, shall be paid by applicant to the film permit officer when the completed application form is submitted for approval. (Ord. 1280 § 1, 1987)

Upon a determination by the film permit officer that the activities described in the application form do not pose a threat to the public health and safety and provide for the protection of property, the application may be approved. The film permit officer may impose such conditions to approval as are necessary to make such a determination. If such a determination cannot be made, the application for motion picture or still photography permit shall be denied. (Ord. 1280 § 1, 1987)

Upon the approval or conditional approval of the application for a motion picture or still photography permit and after applicant has:

• (a) Procured public liability insurance in the amount of one million dollars combined single limit naming the city of Palm Springs as co-insured (this requirement may be waived by the city's risk management officer); and

• (b) Executed an agreement to indemnify, defend and save the city harmless from any and all claims and liability of any kind whatsoever resulting from or arising out of the issuance of such permit; and

• (c) Prepaid such costs as the film permit officer reasonably estimates will be incurred by city for the use of its personnel and facilities, with overpayments to be reimbursed and underpayments billed for payment to the applicant thirty days after the final day of shooting;

The film permit officer shall issue a motion picture or still photography permit to applicant. The permit shall be subject to the conditions of the approved application.

(Ord. 1280 § 1, 1987)

The term of the permit shall be for such period of time as is necessary to complete the activities set forth in the application for the permit.

(Ord. 1280 § 1, 1987)

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City of Palm Springs, CA

BUSINESS REGULATIONS

§ 5.76.100

§ 5.76.140

If the activities described in the application form are not completed when the permit expires, and upon good cause shown, the film permit officer may extend the term of the permit for a period of time necessary to complete the activities set forth in the application for the permit. (Ord. 1280 § 1, 1987)

The permittee shall reimburse the city for all costs incurred by the city which result from the issuance of the permit and the activities authorized therein. (Ord. 1280 § 1, 1987)

The film permit officer is authorized to promulgate such rules and regulations as are necessary to realize the purpose and intent of this chapter and which are not inconsistent therewith. (Ord. 1280 § 1, 1987)

If the permittee violates any of the conditions of approval, performs those activities described in the application for motion picture or still photography permit in a manner that poses a threat to the public health and safety or the preservation of property, or engages in activities outside the scope of the activities described in the application, the film permit officer may summarily suspend or revoke the permit.

(Ord. 1280 § 1, 1987)

Any person aggrieved by an action taken by the film permit officer may appeal such action to the city council pursuant to the provisions of Chapter 2.05 of the Palm Springs Municipal Code. (Ord. 1280 § 1, 1987)

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City of Palm Springs, CA

BUSINESS REGULATIONS

§ 5.77.005

§ 5.77.010