San Marino Municipal Code Art. 08 Filming and Special Events

It is unlawful to conduct a filming activity without obtaining a film permit from the City Manager. There are four categories of filming permits: Still Photography, Level 1 Filming, Level 2 Filming, and Level 3 Filming. The City Manager is authorized to impose conditions on a filming permit to protect public health and safety. (Ord. O-22-1393, 7-29-2022)

A filming permit is not required for the following activities:

A. Filming activities conducted by a person solely for their own private personal use and not for commercial purposes.

B. Filming activities conducted for news purposes.

C. Filming activities conducted for public or municipal access broadcasting. The City reserves the right to request press credentials to confirm this.

D. Filming activities conducted for public or private school use only for schools located in the City of San Marino. (Ord. O-22-1393, 7-29-2022)

Fees will be set by City Council resolution. The amount of the fees established by the City Council shall not exceed the reasonable costs incurred by the City for the processing of the application, the services to be provided by the City to the permittee, and the use of the City property by the permittee. The fees shall be collected by the Finance Director and shall include:

A. A permit application processing fee for each type of permit in an amount established by City Council resolution, which the applicant shall pay at the time the application is filed.

B. Fees for the use of City property in an amount established by City Council resolution. City services shall be reimbursed at the actual current cost of the service. The applicant shall prepay such fees before the issuance of the film permit.

C. Any additional fees established pursuant to this article.

Application Processing Fees are waived for verified student projects and verified 501c3 non-profit organizations. (Ord. O-22-1393, 7-29-2022)

Filming activity may not include the following:

A. Performing animals.

B. Gunshots or gunshot-like sounds.

C. Blocking of Public Right of Way without City permission.

D. Vehicle stunts and chase scenes.

E. Helicopter use.

F. Nudity in the view from any public right of way.

G. Amplified noise louder than allowed under Chapter 14, Article 4 of the Municipal Code.

H. Pyrotechnics, open flame, or explosive effects.

I. References, shots, or film footage of exteriors of City landmarks, City seal, location identifiers/street signage, City entrance markers, City-owned vehicles and buildings, and private property addresses, without expressed permission from the City Council. (Ord. O-22-1393, 7-29-2022)

A. Complete application. An application shall be on a form established by the City Manager. An application shall not be deemed complete until all required information, including insurance certificates, indemnification, and neighbor consent forms, are submitted to the City.

B. A separate filming permit is required for each location.

C. Time for submittal.

1. A completed application for motion picture filming activity must be received 10 business days before the first day of filming. A 20% expediting fee will be assessed if it is received fewer than 10 business days before the first day of filming. No application for motion picture filming will be accepted fewer than 5 business days before the first day of filming.

2. A completed application for still photography filming activity must be received 10 business days before the first day of filming. A 20% expediting fee will be assessed if it is received fewer than 10 business days before the first day of filming. No application for still photography filming activity will be accepted fewer than 3 business days before the first day of filming.

3. A filming permit is valid only for the date(s) listed on the permit. Any change(s) to date(s), including for a reshoot, require updated notice and consent and must be submitted at least 3 business days before the first day of filming activity. A change fee will be assessed. (Ord. O-22-1393, 7-29-2022)

A. Still Photography.

1. Definition: Photography when no motion filming is present, and the photography will be used for commercial purposes.

2. Consent: Consent of property owner required.

a. Neighboring property consent exemption: for private properties larger than 200 acres, there will not be a requirement to gather neighboring property consent so long as the film activity is 100% within that property’s boundaries and assuming requests meet the other requirements of the City.

3. Filming Days Cap: 9 days per private property per year.

4. Filming Hours: 8:00 AM - 10:00 PM if it mirrors all Level 1 Filming standards, 8:00 AM - 8:00 PM if it exceeds Level 1 Filming standards

5. Other Special Requirements: None.

6. Insurance Requirements/Liability Waiver: All Certificates of insurance must include the City as “Additional Insured” and name the City of San Marino as a Certificate Holder. The Certificate must be in effect for the entire period of the proposed filming. The Certificate must contain the standard waiver or signed standard waiver available on the filming page. The Film Policy will set the standard coverage amount that must be present and reserve the right to raise the minimum coverage required based on film activity.

B. Level 1 Motion Filming.

1. Definition: All of the following must be true for a project to be a Level 1:

a. Filming is for 1 day only.

b. No more than 5 people are present at any time.

c. No more than 3 vehicles total parked only on driveway and on one side of the street immediately in front of the filming location property.

d. No commercial trucks, vehicles, or equipment.

e. No catering trucks or food service.

f. No tents or canopies.

g. No outdoor lighting or amplified sound.

h. No other properties will be visible in the background of any shots.

i. No impact on public right-of-way or public facilities.

j. No special effects or pyrotechnics.

k. No use of UAS.

l. No use of generators.

2. Consent: 100% consent is required from the immediate neighborhood consisting of the 2 most neighboring properties on each side and 3 in the front and the rear of property lines. Permission from the property owner of the filming location is also required.

a. Neighboring property consent exemption: for private properties larger than 200 acres, there will not be a requirement to gather neighboring property consent so long as the film activity is 100% within that property’s boundaries and assuming requests meet the other requirements of the City.

3. Filming Days Cap: 1 day per permit with a total of 12 days allowed per year per private property.

a. Filming cap exemption: for private properties larger than 200 acres, there is no cap per year, assuming requests meet the other requirements of the City. Properties may request approval for additional film days through the City Council.

4. Filming Hours: 8:00 AM - 10:00 PM.

5. Other Special Requirements: None.

6. Insurance Requirements/Liability Waiver: All Certificates of insurance must include the City as “Additional Insured” and name the City of San Marino as a Certificate Holder. The Certificate must be in effect for the entire period of the proposed filming. The Certificate must contain the standard waiver or signed standard waiver available on the filming page. The Film Policy will set the standard coverage amount that must be present and reserve the right to raise the minimum coverage required based on film activity.

C. Level 2 Motion Filming.

1. Definition: All of the following must be true for a project to be a Level 2:

a. No more than 19 people are present at any time.

b. Parking is limited to one side of the street with no more than 9 vehicles parked on driveway and in front of the filming location property.

c. No large commercial trucks, vehicles, or equipment.

d. No catering trucks, pre-packaged food service is allowed.

e. No more than 400 sq. ft. of tents or canopies.

f. No outdoor lighting above 500 lumens or amplified sound above that allowed by Section 14.04.05.

g. No other properties will be visible in the background of any shots without that property owner’s express written consent in addition to neighborhood consent.

h. No impact on public right-of-way.

i. No pyrotechnics and any other special effects are subject to public safety review and approval by Fire and Police.

j. No use of generators or UAS without public safety review and approval by Fire and Police.

2. Consent: 100% consent is required from the immediate neighborhood consisting of the 2 most neighboring properties on each side and 3 in the front and the rear of property lines. Permission from the property owner of the filming location is also required.

90% consent is required from all within a 500 ft radius of the filming location’s property lines. Consent will be based on the certified mailing of notices to required addresses, and denials submitted from residents/property owners will count against the consent percentage. City-approved notice must be used.

a. Neighboring property consent exemption: for private properties larger than 200 acres, there will not be a requirement to gather neighboring property consent so long as the film activity is 100% within that property’s boundaries and assuming requests meet the other requirements of the City.

3. Filming Days Cap: No more than 3 permits per year per private property for a total of no more than 9 filming days per year (whichever comes first) at each private property.

4. Filming Hours: 8:00 AM - 8:00 PM.

5. Other Special Requirements: None.

6. Insurance Requirements/Liability Waiver: All Certificates of insurance must include the City as “Additional Insured” and name the City of San Marino as a Certificate Holder. The Certificate must be in effect for the entire period of the proposed filming. The Certificate must contain the standard waiver or signed standard waiver available on the filming page. The Film Policy will set the standard coverage amount that must be present and reserve the right to raise the minimum coverage required based on film activity.

D. Level 3 Motion Filming.

1. Definition: If any of the following is true for a project, it will be a Level 3:

a. 20 or more people are present at any time.

b. Number of vehicles will result in 10 or more parked on City street, and therefore will require a comprehensive parking plan to be submitted for Police and Fire review and approval, and possible requirement of rental of parking space off-site and the use of a shuttling service.

c. Catering truck or food services allowed at a specified location subject to Police and Fire review and approval.

d. Up to 800 sq. ft. of tents or canopies may be present .

e. Any impact on the public right-of-way requires a transportation and traffic plan to be submitted for public safety review and approval by Fire and Police.

f. Any use of special effects or pyrotechnics, UAS, or generators is subject to public safety review and approval by Fire and Police.

2. Consent: 100% consent is required from the immediate neighborhood consisting of the 2 most neighboring properties on each side and 3 in the front and the rear of property lines. Permission from the property owner of the filming location is also required.

90% consent is required from all within a 500 ft radius of the filming location’s property lines. Consent will be based on the certified mailing of notices to required addresses, and denials submitted from residents/property owners will count against the consent percentage. City-approved notice must be used.

a. Neighboring property consent exemption: for private properties larger than 200 acres, there will not be a requirement to gather neighboring property consent so long as the film activity is 100% within that property’s boundaries and assuming requests meet the other requirements of the City.

3. Filming Days Cap: No more than 3 permits per year per private property for a total of no more than 9 filming days per year (whichever comes first) at each private property.

4. Filming Hours: 8:00 AM - 8:00 PM.

5. Other Special Requirements:

a. Alternative, off-site, reserved parking must be arranged, with shuttle service as needed.

b. A pre-application meeting to discuss public right-of-way impact and safety is required, and the application must include discussed mitigation plans and requirements.

c. Fire Department personnel will be automatically required during a shoot at a cost to the applicant.

6. Insurance Requirements/Liability Waiver: All Certificates of insurance must include the City as “Additional Insured” and name the City of San Marino as a Certificate Holder. The Certificate must be in effect for the entire period of the proposed filming. The Certificate must contain the standard waiver or signed standard waiver available on the filming page. The Film Policy will set the standard coverage amount that must be present and reserve the right to raise the minimum coverage required based on film activity. (Ord. O-22-1393, 7-29-2022)

Consent must be obtained as listed in Section 11.08.07. In addition, the following requirements apply:

A. The City will create a notification form template, which must be sent to the addresses generated by the City via Certified Mail within the consent radius required for the type of filming permit. The notification form will provide tenants/property owners instructions to submit written dissent to the production.

B. If the City receives verbal or written dissent from any neighbor within the required consent boundaries, it will override any written consent previously provided by that neighbor.

C. Exemption to written consent: For properties larger than 200 acres, there will not be a requirement to gather neighboring property consent so long as the film activity is 100% within that property’s boundaries and assuming requests meet the other requirements of the City.

D. Notification of filming: If a film permit is issued, the permittee shall provide all property owners, and if applicable, adult tenants, within the consent radius with the direct phone number of a day-of contact person and City contact information for residents’ inquiries and concerns.

E. Consent will only be considered valid if the notice was sent within 90 days of production’s date(s) but no later than 15 City business days from the date(s) of production. (Ord. O-22-1393, 7-29-2022)

A. Use of UAS will require an additional permit to ensure public safety, proper licensing, use, and registration. A permit applicant must demonstrate to the satisfaction of the City Manager that the privacy of neighboring properties will not be impacted.

B. Use of UAS footage may only be of approved location(s) and no other public or private property.

C. A realtor doing business in the City may apply for an annual permit for UAS photography of real estate for sale within the City. (Ord. O-22-1393, 7-29-2022)

Whenever a member or members of any of the city’s departments is required to be present for safety purposes or to provide protection of city property, as determined by the City Manager, the applicant shall be required to pay the fees for such personnel as established by resolution of the council within thirty (30) days of receipt of the billing for such service. (Ord. O-22-1393, 7-29-2022)

The City Manager shall establish insurance requirements for each type of filming permit. Each applicant shall agree to indemnify the City in a form approved by the City Attorney. (Ord. O-22-1393, 7-29-2022)

A. The City Manager has the right to revoke any permit if any of the following occurs:

• 1. Misrepresentation on permit application;
• 2. The filming has become a hazard to persons or property;
• 3. Filming went beyond allowed hours;
• 4. Filming does not comply with any Police or Fire requirement;
• 5. Failure to provide proper insurance or any other administrative requirement;
• 6. Failure to abide by any and all permit conditions;
• 7. Failure to comply with this article.

B. City staff may require changes in the terms or conditions of an approved permit while it is in effect if needed to ensure safety and well-being.

C. Revocation for any of the above reasons shall be grounds to deny subsequent permits at the same property or by same applicant(s) for the period of one year. (Ord. O-22-1393, 7-29-2022)

A. In order to film at Lacy Park, the applicant must reserve the requested park space through Community Services and submit a Film Permit Application.

B. All Level 2 and 3 Projects requesting to use Lacy Park will need City Council approval. Applicants wishing to Film a Level 2 or 3 project in Lacy Park shall give notice with enough time for their project to be placed on a City Council Agenda prior to production for consideration.

C. If the City Manager deems a Level 1 project to interfere with normal park usage, City Council approval will also be required. (Ord. O-22-1393, 7-29-2022)

Violation of this article may be prosecuted as a misdemeanor by administrative citation, fines, penalties, or by any other means of enforcement authorized by the San Marino Municipal Code. (Ord. O-22-1393, 7-29-2022)

Any permittee who has had his/her filming permit denied or revoked by the City Manager pursuant to this chapter shall be provided an opportunity to appeal the denial, revocation, or suspension to the City Council. An appeal shall be processed as follows:

A. Filing an appeal: An applicant/permit holder desiring to appeal the determination of the City Manager shall file a request for an appeal with the City Clerk no later than fifteen (15) days following the determination of the City Manager and shall pay a filing fee in an amount set by City Council resolution.

B. Scheduling the appeal: The City Clerk shall place the appeal on the agenda of a City Council meeting. Notice of the time and place of the hearing will be sent to the appellant.

C. City Council hearing: The council shall be provided the grounds of the appeal and the basis for the City Manager’s determination to deny or revoke the filming permit. The appellant shall be provided an opportunity to present information to the council, in writing or in person, in opposition to the City Manager’s determination. The council may continue the appeal hearing from time to time.

D. Determination by the City Council: After conducting the hearing and based on the information presented, the council may:

• 1. Uphold the determination of the City Manager and deny the appeal.
• 2. Modify the determination of the City Manager.
• 3. Overrule the determination of the City Manager and approve the appeal.

E. Findings of City Council final: The council’s determination shall be final and conclusive on the matter. (Ord. O-22-1393, 7-29-2022)