Chapter 9.45 — FILMING ACTIVITIES

It is the purpose of this chapter to provide rules governing the issuance of permits for filming activities on location within the city. The intent of this chapter is to ensure that still photographers and 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 safety and the protection of property.

(Ord. 597 N.S. (part), 1990)

A.

"Applicant" means the person, organization, corporation, association or other entity applying for a permit to film in the city.

B.

"City" means the city of El Paso de Robles as a municipal corporation and existing pursuant to the laws of the state of California.

C.

"Filming activity" means the staging, shooting, filming, videotaping, photographing, or other similar process conducted for the making of still photographs, motion pictures, television programs, commercial and nontheatrical film productions.

D.

"Film development office" means the office designated by the council to coordinate filming and issue film permits in the city.

E.

"Film permit" means written authorization from the city's representative designated by the council to conduct the filming activity described in the permit.

F.

"Master fee schedule" means those fees, taxes, and reimbursements for costs and administrative policies adopted by the council.

G.

"News purposes" means a filming activity conducted for the purpose of reporting on persons, events, or scenes which are in the news for newspapers, television news, and other news media.

H.

"Permittee" means the person, organization, corporation, association or other entity issued a film permit under this policy.

I.

"Public street" means any street, right-of-way, public trail, bike way or road maintained by the city and located within the city limits.

J.

"Still photography" means and includes all activity attendant to staging or shooting commercial still photographs.

K.

"Student filming activity" means filming activity conducted to fulfill a course requirement by a student enrolled at a public or private school.

L.

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

(Ord. 597 N.S. (part), 1990)

A.

It is unlawful to conduct a filming activity as defined in Section 9.45.020 within the city without first obtaining a film permit from the film development office.

B.

A permit is issued by the film development office for the purpose of filming on city-owned, leased or controlled real property or city streets. This permit does not constitute or grant permission to use or occupy property not owned, leased or controlled by the city. This permit must be in the possession of the permittee at all times while on location in the city.

C.

An applicant shall obtain the private property owner's permission, consent, and/or lease for use of property not owned or controlled by the city.

(Ord. 597 N.S. (part), 1990)

The provisions of this chapter shall not apply to any of the following activities provided that the activity will not require the closure of a public street, or substantially impede pedestrian or vehicular traffic thereon:

A.

Filming activities conducted for news purposes as defined in Section 9.45.020(G);

B.

Filming activities conducted at studios as defined in Section 9.45.020(L);

C.

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

D.

Noncommercial filming activities conducted on private property solely for private or family use;

E.

Commercial still photography or staging thereof, when conducted to the exclusion of any other filming activity as defined in Section 9.45.020(J) when the following conditions apply:

The still photography, or staging thereof, will not be conducted on city property,

The still photography, or staging thereof, will not require the parking of more than two motor vehicles on any public street within the city;

F.

Filming activities conducted by or for the city.

(Ord. 597 N.S. (part), 1990)

A.

Applications for a film permit must be filed with the film development office a minimum of two business days in advance of the date the film activity is to begin; except that an application for a permit which includes traffic controls exceeding three minutes, minor stunts, minor special effects, shall require a minimum of four working days notice; and those which include street closures, major stunts, or pyrotechnics must be filed a minimum of ten business days in advance of the first day of filming.

B.

No late applications will be processed by the city unless the film development office determines that special circumstances exist relative to the application which would have precluded its application on a timely basis.

C.

Applicants are encouraged to submit applications at the earliest advance date possible in order to facilitate coordination between city departments.

D.

Upon showing of good cause, the film development office shall consider applications which are filed after the filing deadline if there is sufficient time to process and investigate the application, and for city staff to prepare for the filming activity.

(Ord. 597 N.S. (part), 1990)

The permit application shall be on a form furnished by the film development office signed by the applicant or agent thereof. Such application shall include, but not be limited to, the following information:

A.

Name, address, and telephone number of applicant;

B.

Name, address, and twenty-four-hour telephone(s) of person in charge of filming on location;

C.

Filming location(s), dates and approximate daily call times of proposed filming activities;

D.

Description of scenes to be filmed including details of any hazardous filming activity employing firearms, explosives, the use of open flame, other pyrotechnical effects, animals, stunts, filming of moving motor vehicles, watercraft or aircraft;

E.

Description of the types and number of motor vehicles which will be parked on public streets, and description of any equipment to be placed on public property;

F.

Evidence of adequate insurance certification as may be required;

G.

Such other information, descriptions, diagrams, and technical information as the film development office may require.

(Ord. 597 N.S. (part), 1990)

A.

The application shall be approved or denied within two business days of receipt of the application unless the proposed filming activity requires extensive review by other city departments or other affected agencies due to public health or welfare concerns or fire or traffic safety. The film permit shall be approved by the film development office unless determined from consideration of the application or other pertinent information, that any of the following conditions exist:

The filming activity will substantially disrupt the use of a public right-of-way or street at a time when it is usually subject to traffic congestion, or interfere with the operation of emergency vehicles in the proposed permit area;

The location of the filming activity will substantially interfere with a right-of-way or street maintenance work, or a previously authorized excavation permit;

The proposed permit location is on city property and the filming activity will substantially interfere with other previously authorized activities, contracts or safety of the public or employees while on city property;

The proposed permit location is on city property and the filming activity will substantially interfere with municipal functions or the scheduled maintenance of city buildings or grounds;

The filming activity creates a substantial risk of injury to persons or damage to property;

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;

The particular filming activity would violate federal, state, or local law including licensing or permit requirements;

Any other set of specific facts, circumstances and conditions which, in the discretion of the film development office, are determined to present or result in a situation incompatible or inconsistent with the proposed filming activity.

B.

When the grounds for permit denial can be corrected by imposing reasonable permit conditions, the film development office may impose such conditions rather than denying the permit.

(Ord. 597 N.S. (part), 1990)

The film development office may condition the issuance of a film permit by imposing reasonable terms, conditions and requirements concerning the time, place, manner and duration of filming activities as referenced on the "Terms and Conditions" attached to the film permit, including but not limited to, the following:

A.

Requirements for the presence of employees of the city at the applicant's expense, when required for the particular filming activity;

B.

Requirements concerning posting of no-parking signs, placement of traffic-control devices, and employment of traffic- and crowd-control monitors at the applicant's expense;

C.

Requirements concerning posting of the outer boundaries of the filming activity and providing advance notice to affected property owner's businesses and tenants;

D.

Requirements concerning the cleanup and restoration of public streets and city property employed in the filming activity;

E.

Restrictions concerning the use of city or other public agency employee services, vehicles and other equipment in the filming activity;

F.

Requirements that the applicant pay all fees, and obtain all permits and licenses required for the filming activity under local, state and federal laws;

G.

Restrictions on the use of firearms, explosions, and other noise-creating or hazardous devices which disturb the peace;

H.

Restrictions on the use of stunts involving pyrotechnics, open flame, vehicle crashes or other hazardous materials;

I.

Requirements concerning cover up of police, fire and other official uniforms worn by actors, when the actors are not on camera;

J.

Restrictions concerning the use of city and other public agencies' logos, insignias, badges or decals for filming purposes;

K.

Restrictions on the locations and/or daily hours the filming activity may be conducted within the city;

L.

Requirements concerning the city's or other public agencies' receipt of proper acknowledgment for any assistance provided in making feature, television or commercial productions;

M.

Requirements concerning affirmative action and nondiscriminatory practices for employment.

(Ord. 597 N.S. (part), 1990)

The film development office is authorized and directed to promulgate additional rules and regulations governing issuance of film permits and film permit riders.

(Ord. 597 N.S. (part), 1990)

A.

A schedule of fees for city services and use of city property shall be in an amount as established by resolution of the city council and/or in accordance with the master fee schedule.

B.

The applicant shall pay all costs incurred by the city in providing city employees to be present during filming activity.

C.

The city may require that a bond, cash advance, or other security approved by the city attorney be posted in advance of the issuance of any permit to guarantee and as security for payment covering city's anticipated costs or expenses.

(Ord. 597 N.S. (part), 1990)

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

(Ord. 597 N.S. (part), 1990)

The applicant for a film permit shall procure and maintain for the duration of the film activity insurance in the forms, types and amount prescribed by the city manager and as approved by the city attorney.

(Ord. 597 N.S. (part), 1990)

Prior to the issuance of the film permit, the permit applicant must agree in writing to comply with the "Filming Permit Terms and Conditions."

(Ord. 597 N.S. (part), 1990)

The permittee, and all agents, employees, and contractors of the permittee at the filming activity site within the city, shall comply with the following requirements:

A.

The permittee shall comply with all "Terms and Conditions" of the film permit;

B.

The permittee shall not conduct a filming activity within the city not authorized by the filming permit;

C.

The permittee shall meet with and brief city staff as necessary to ensure that the personnel assigned have a full understanding of the hazards and city resources involved;

D.

The permittee shall be responsible for ascertaining the full purpose(s) of the permit conditions and ensuring that all film personnel are in compliance;

E.

The permittee shall comply with instructions made by city employees assigned to regulate the filming activity site;

G.

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

H.

The permittee shall comply with these regulations and all other policies and laws of the city and state and federal law.

(Ord. 597 N.S. (part), 1990)

The applicant for a film permit may request that the city authorize a street closure on the film permit application. A short-term encroachment permit may be granted by the city manager, his designee, or by the chief of police, provided that the public health, welfare or safety would not be endangered or affected.

(Ord. 597 N.S. (part), 1990)

During the filming of any special effect or stunt requiring the use of pyrotechnics or any material deemed hazardous, including but not limited to fireworks, open flames, or explosives, the applicant must obtain all relevant and required permits from the city fire department.

(Ord. 597 N.S. (part), 1990)

A.

Permit Revocation. The film development office may revoke the film permit if the permittee, or any agents, employees or contractors of the permittee fail to comply with the requirements set forth in Section 9.45.130, or if the film development office determines after the permit is issued that the permit application was false in any material detail.

Notice of the grounds for revocation of the film permit shall be provided in writing by the film development office to the permit applicant or person in charge at the location of the filming activity.

Appeals of the permit revocation shall be conducted in the manner specified in Section 9.45.160.

B.

Permit Suspension. The city police department and/or fire department officer assigned to police the filming activity site may suspend the film permit when the filming activity poses an immediate hazard to persons or property and the location manager will not, or cannot, prevent the hazard after being instructed to do so by the officer.

The grounds for the permit suspension shall be provided in writing by the film development office to the permittee within one business day of the suspension.

Appeals of the permit suspension shall be conducted in the manner specified in Section 9.45.170.

(Ord. 597 N.S. (part), 1990)

A.

The permit applicant or permittee may appeal a permit denial, revocation, or suspension, permit condition, insurance/fees requirement or the film development office's decision not to waive a deadline set forth in the policy. Such appeal shall be filed with the city manager's office not later than five business days after the date written notice of the decision is made. Failure to timely file an appeal shall result in a waiver to the right to appeal. The appeal shall be heard by the city manager or his/her designee.

B.

Appeals of the city manager's decisions may be made to the council by filing a written notice of appeal setting forth the reasons for such appeal with the city clerk within ten days of the date of the decision(s) being appealed. The council shall hear the appeal at the next available public meeting and render its decision.

(Ord. 597 N.S. (part), 1990)