Rancho Santa Margarita Municipal Code Ch. 6.12 Motion Picture, Television and Still Photo Productions on Public and…

This Ordinance shall be known as the "Motion Picture, Television and Still Photo Production on Public and Private Property Ordinance." It is the policy of the City to encourage the production of motion pictures and television within its boundaries. This ordinance provides rules and regulations governing the issuance of permits for filming, videotaping, still photography and/or related activity on public and private property within the City to protect the public health, safety and welfare.

(Ord. No. 07-01, § 1, 1-24-2007)

For the purpose of this Chapter, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used indicates otherwise:

Affected property means all lots that directly abut or are directly across any right-of-way from or are otherwise negatively impacted by film activities on the subject property.

Applicant means an individual, corporation, company association, firm, partnership, and/or limited liability company wishing to engage in film activities in the City.

Director means the Community Development Director or his/her designee.

Film activity means and includes all activity relating to staging or shooting commercial or non-profit: motion pictures, television shows or programs, student films, music videos, public access programs, still photos, public service advertisements, educational, religious or infomercial productions or programs, and broadcast or internet commercials.

Individual use means film activity by any individual when such activity is for his or her personal use or entertainment and in which the individual does not encroach into the public right-of-way; does not impair pedestrian or vehicular access; and does not direct an assemblage of persons on public or private property

Major production means film activity including one or more of the following criteria: pre-production construction; production filming of more than two days in total; road or walkway closures in excess of 30 minutes per day cumulative; and/or post-production demolition or restoration.

Minor production means film activity not containing any of the criteria listed in the definition of major production.

News media means film activity for the purpose of spontaneous, unplanned television news broadcast or investigative reporting, or reporting for print media by reporters, photographers or cameramen.

Non-profit organization means an organization that qualifies under Section 501(c)(3) of the Internal Revenue Code as a charitable organization from which no person or organization, directly or indirectly, shall receive a profit from the marketing and production of the film or from showing the films, tapes, or photos.

Subject property means the property where the film activity is located or occurs.

Student films means film activity by students enrolled in a recognized and accredited educational institution. The educational institution must indicate, on that institution's letterhead, that they will either retain the rights to the project or verify that the project will not be used for commercial purposes.

(Ord. No. 07-01, § 1, 1-24-2007)

Except as otherwise provided in this Chapter, no person or entity shall use any public or private property, facility or residence for the purpose of conducting film activity without first applying for and receiving a film permit from the Director.

(Ord. No. 07-01, § 1, 1-24-2007)

The Director shall promulgate rules and regulations governing the form, time and location of any film activity within the City. The Director shall also provide for the issuance of permits. The rules and regulations shall be based upon the following criteria:

(1) The health and safety of all persons;

(2) Avoidance of undue disruption of all persons within the affected area;

(3) The safety of property within the City; and

(4) Avoidance of traffic congestion within the City.

(Ord. No. 07-01, § 1, 1-24-2007)

The Director shall issue a film permit upon a finding that the following criteria are met:

(1) The proposed film activity will be located and conducted in a manner consistent with the provisions of this Chapter;

(2) Approval of the application will not be detrimental to property or improvements in the surrounding area or to the public health, safety or general welfare; and

(3) No film permits shall be issued for any property upon which there are outstanding and uncorrected Code violations.

(Ord. No. 07-01, § 1, 1-24-2007)

The following and any other information as deemed appropriate by the Director, shall be included in the application:

(1) The name, address and telephone number of the owner of the subject property;

(2) The specific location or locations for filming activity;

(3) The exact dates and times the film activity will take place, including set up and clean up activities. Film activity is allowed from Monday through Saturday, between the hours of 7:00 a.m. to 9:00 p.m., unless otherwise approved by the Director;

(4) A general statement of the character or nature of the proposed filming activity;

(5) A statement of potential impacts to City right-of-way, private property and public realm (e.g. traffic, public safety, noise) and how the applicant proposes to mitigate those impacts;

(6) The name, address and telephone number of the person or persons in charge of such filming activity. The contact person should be available on a 24-hour basis;

(7) The exact number and type of personnel to be involved;

(8) A parking plan for all vehicles used in the filming session;

(9) A traffic control plan and, as deemed necessary by the City, an encroachment permit application;

(10) Use of any animals, pyrotechnics and/or firearms;

(11) Written permission from subject property and affected property owners and tenants;

(12) Proof of liability insurance and workers compensation insurance; and

(13) Permit fee.

(Ord. No. 07-01, § 1, 1-24-2007)

Notwithstanding Section 6.12.030, no permit shall be required for the following film activity:

(1) Film activity for individual use;

(2) Film activity by the news media;

(3) Film activity for nonprofit public access films; or

(4) Student films.

(Ord. No. 07-01, § 1, 1-24-2007)

Before a permit is issued, a fee sufficient to cover the cost of processing and administering the permit, as established by resolution of the City Council, shall be paid by the applicant. An additional fee shall be required in the event that the applicant requests or the Director deems necessary the use of City personnel and/or equipment. In addition, a deposit or faithful performance bond shall, at the discretion of the Director, be required to ensure clean up and restoration of the site. The amount of such deposit or bond shall be determined by the Director based upon the Director's estimate of the reasonable cost of clean up. Upon completion of filming and inspection of the site by the City any unused monies in the deposit or bond shall be returned to the applicant.

(Ord. No. 07-01, § 1, 1-24-2007)

(a) Liability insurance. Before a permit is issued, a certificate of insurance will be required in an amount of not less $1,000,000.00 ($5,000,000.00 if gunfire, aircraft, or pyrotechnic is involved) naming the City, its employees, officers and agents, as additional insured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage.

(b) Worker's compensation insurance. An applicant shall conform to all applicable federal and state requirements for worker's compensation insurance for all persons operating under the permit.

(c) Hold harmless agreement. An applicant shall execute a hold harmless agreement as provided by the City prior to the issuance of a permit.

(Ord. No. 07-01, § 1, 1-24-2007)