Rosemead Municipal Code Ch. 5.36 Film Permits

This chapter is intended to provide permit requirements and procedures to facilitate filming within the City, to assure that such activity is consistent with the public health, safety and general welfare and the protection of property.

(Prior code § 4401)

Except as otherwise noted, it is unlawful for any person to engage in the business or activity of filming, videotaping or producing motion pictures on motion picture film or electronic video tape for public exhibition as motion pictures or for television, at any place in the City, other than at or in an established motion picture or television studio or entirely within an enclosed structure or building, with no outside storage of filming equipment, without a film permit from the Film Permit Coordinator. The Film Permit Coordinator for the City shall be the City Manager or his or her designee. Any person interested in filming shall complete in full a film permit application as stated in this chapter and provide to the City all the information requested therein.

The following uses are exempt from the provisions of this chapter:

A. The filming or videotaping of motion pictures solely for private or family use;

B. The filming or videotaping of motion pictures for use in a criminal investigation, civil proceeding, and emergencies such as fires, floods, police actions, etc.;

C. The filming or videotaping of motion pictures for news purposes, but not magazine or documentary programs, to be viewed within twenty-four (24) hours;

D. Education, government and public access and local origination programs for cable television systems franchised within the City;

E. Any other activity deemed in the public interest by the Film Permit Coordinator.

(Prior code § 4402)

An applicant must submit a permit request on a city application form at least two working days prior to the date on which such person desires to conduct filming activity, including preparation, shooting and strike days. If such activity interferes with traffic or involves stunts or special effects, an application must be submitted at least four working days in advance, and ten working days in advance for road closures. Permit application information may be given by the production company to the City by telephone. The production company must keep a copy of the permit posted on-site in a conspicuous place at all times.

(Prior code § 4403)

Application fees and estimated use fees shall be paid at the time of application. The fees are established to be one hundred dollars ($100.00) for the first day of filming, and fifty dollars ($50.00) per day for each day of filming thereafter.

(Prior code § 4404)

It shall be the responsibility of the applicant to provide the following notification to affected persons:

A. Written authorization from all property owners on whose property filming will occur as part of the film permit application.

B. If filming in residential areas is to occur between the hours of ten p.m. and six a.m. then notification to all residents within three hundred (300) feet shall be required on a designated city form.

C. Filming activities that exceed two days including preparation, shooting and strike, shall require notification to all residents and businesses within three hundred (300) feet on a designated city form.

D. Response to notification shall be evaluated as part of the film permit coordination review.

(Prior code § 4405)

The Film Permit Coordinator shall review the application and may impose conditions with respect to the following criteria:

A. The health and safety of all persons;

B. Avoidance of undue disruption of all persons within the affected area;

C. The safety of property within the City;

D. Traffic congestion at particular locations within the City.

(Prior code § 4406)

In addition to the criteria listed in Section 5.36.060, the City shall also investigate the application with respect to the following special circumstances and may impose conditions if warranted:

A. Noise. Filming activities which produce unusual noise such as gunfire, sirens, public address systems, bull horns, or any other loud noises, may be regulated to mitigate the effects of the activity.

B. Aircraft. Helicopter landings or filming from the air are not permitted without explicit written permission from the City Manager. The written authorization shall be filed with the application.

C. Public Safety Personnel. Police and/or fire personnel requirements shall be determined by those departments and any personnel required shall be at the permittee's expense. Additional public safety employees shall enforce all city regulations and are employees of the City, not the movie company.

D. Cleanup. The permittee shall conduct operations in an orderly fashion with continuous attention to the storage of equipment not in use and the cleanup of trash and debris. The site shall be returned to its original condition at the conclusion of filming before leaving the site. The applicant may be required to post a refundable bond to ensure cleanup and restoration of the site.

E. Roads and Streets. If the applicant must park equipment, trucks and/or cars in zones that do not permit parking, the permittee must also obtain permission to string cable across sidewalks, or from the generator to the service point.

F. Traffic Control. For filming that would impair flow, the applicant must use California Highway Patrol (CHP), County Sheriff or local law enforcement personnel and comply with all traffic control requirements deemed necessary. All interruptions of normal pedestrian or vehicular traffic must be authorized on the permit. The permittee shall obtain all necessary permits and approvals from the State Department of Transportation (Caltrans) prior to filming on a state highway.

(Prior code § 4407)

The applicant shall, at its sole expense, provide the City with evidence of insurance for general liability and worker's compensation benefits for accidents or injuries which occur or are sustained in the course of carrying out this activity. The applicant must provide insurance with a minimum limit of one million dollars ($1,000,000.00) combined single limit. This certificate of insurance must name the City as additional insured.

(Prior code § 4408)

The applicant shall agree to indemnify, defend and hold the City free and harmless from any and all liability, claims, damages or injuries to any person, including injury to the applicant's employees and all claims which arise from or are connected with the negligent performance of or failure to perform work or other obligations of the permitted activity, or are caused or claim to be caused by the negligent acts of the City, its agents or employees, and all expenses of investigating and defending against the same.

(Prior code § 4409)

Minor additions, corrections or alterations to a permit shall be made available by way of application for an unlimited number of amendments, also known as "riders," which shall be attached to the original permit in writing. However, a permit cannot be extended or amended by rider after the completion of the filming activity. Significant changes to the original permit shall require a new permit application.

(Prior code § 4410)

Any film permit issued pursuant to the terms of this chapter shall be subject to immediate suspension if it is found necessary for the protection of the public health, safety or general welfare. In the event of such a suspension, the film permit coordinator shall within one working day cause to be served upon the permit holder a written statement containing the grounds for suspension. The permit holder may appeal to the City Council for a public hearing regarding the suspension.

(Prior code § 4411)

The City Council may revoke a film permit issued pursuant to this chapter under the following circumstances:

A. Where it is determined that the permittee violated or failed to comply with any of the applicable ordinances, resolutions or regulations of the City;

B. Where it is determined that the permittee violated or has failed to comply with any of the terms or conditions of the film permit;

C. Where it is determined that the film permit was granted pursuant to false or fraudulent information contained in the film permit application;

D. Where it is subsequently determined that the filming activity will fail to meet the criteria enumerated in this chapter for granting a film permit;

E. Where it is determined that the preservation of the public health, safety and general welfare demand revocation of the permit.

(Prior code § 4412)

It is unlawful for any person, firm or corporation to engage in the business or activity of filming, videotaping or producing motion pictures on motion picture film or electronic video tape for public exhibition as motion pictures or for television, at any place in the City, other than at or in an established motion picture or television studio or entirely within an enclosed structure or building, with no outside storage of filming equipment, without a film permit from the Film Permit Coordinator.

Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment.

(Prior code § 4413)