Santa Barbara County Municipal Code Ch. 14C Film Permit Office

It is the purpose of this chapter to provide rules and regulations governing the issuance of permits for filming activities on locations within the County of Santa Barbara. The intent of this chapter is to encourage still photographers, motion picture, television, commercial, and nontheatrical companies to use locations for filming activities within the county so long as said activities are consistent with the general safety and welfare of the public and the protection of property and resources.

(Ord. No. 4193, § 1)

(a) "Applicant" means the person, organization, corporation, association, or other entity applying for a permit to film in the County of Santa Barbara.

(b) "County" means the County of Santa Barbara.

(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, commercials, or nontheatrical film productions.

(d) "Film permit officer" means the person designated by the department head to coordinate filming activities and issue film permits in the County of Santa Barbara.

(e) "Film permit" means the written authorization from the film permit officer to conduct the filming described in the permit. A film permit shall not authorized to create or maintain a public or private nuisance; to violate any law, statute or ordinance; or to endanger the public health, safety, welfare whether intentionally or negligently.

(f) "Annual minor film permit" means authorization by the film permit officer to conduct filming activity of a minor nature which is recurring in a similar and repetitious fashion at the same location and which has been determined by the film permit officer to be of no detriment to the area affected and of no detriment to the peace, enjoyment, and safety of the public.

(g) "News purposes" means a filming activity conducted for the purposes of reporting on persons, events, or scenes which are in the news for newspapers, television news, and other news media. "News purposes" shall not include advertising or publicity filming.

(h) "Permittee" means the person, organization, corporation, association, permitting agent, or other entity issued a film permit pursuant to this chapter.

(i) "Public road" means any street, road or right-of-way owned, occupied, or under the control of the county and located within the unincorporated area of the county.

(j) "Still photography" means and includes all activity attendant to shooting or staging commercial still photographs without use of motion picture or video equipment.

(k) "Studio" means a fixed place of business where filming activities or photography are conducted on the premises.

(l) "Private road" means any street, road, or right-of-way owned, occupied, or under the control of a private individual, individuals, or private corporation.

(m) "Private easement" means any right-of-way duly recorded in the office of the county recorder which conveys rights for use or control of said right-of-way from one private individual, individuals, or private corporation to another private individual, individuals, or private corporation.

(n) "Homeowners association" means a duly appointed group of property owners incorporated under the provisions of the development CC&R's and operating under the bylaws of the association to carry out the business of the association.

(o) "Filming for private and family use" means filming activities which are conducted and intended for private, personal use and not for commercial use or for the generation of profit or financial gain, whether or not the activity is performed by a said professional.

(Ord. No. 4193, § 1)

There is hereby created in the department of planning and development the position of film permit officer. The activities of the film permit officer shall be directed by the director of planning and development. The film permit officer shall issue or deny film permits after review of the proposed filming activity pursuant to the provisions of this chapter.

(Ord. No. 4193, § 1)

The film permit officer shall adopt such rules and regulations concerning the issuance of film permits pursuant to this chapter as may be necessary to assure that any filming activity is conducted in a safe manner with minimum interference and the enjoyment and use of county roads and other county facilities by the general public. The film permit officer shall designate a qualified alternate to carry out the duties of the film permit officer during his or her absence. Said rules and regulations shall provide that no such permit shall be issued until review and approval by affected county departments has taken place. Any such rules and regulations applying to the use of county property shall be subject to the approval of the county department having control of such property. Affected departments may include or more of the following public agencies:

(a) Fire department or district;

(b) Sheriff's department;

(c) Planning and development department;

(d) Parks department;

(e) Department of public works;

(f) General services department;

(g) California highway patrol;

(h) Any other department or agency having control or code enforcement jurisdiction over the proposed filming site.

(Ord. No. 4193, § 1)

It shall be unlawful to conduct filming activity as defined in section 14C-2(c) within the unincorporated areas or upon property controlled or owned by the County of Santa Barbara unless a film permit for such activity has been obtained in advance from the film permit officer. The permit must be in the possession of the permittee at all times while on location in the County of Santa Barbara. A film permit does not constitute or grant permission to use or occupy private property, a private road easement, or private road. A permittee shall obtain the private property owner's, or homeowners association's, written permission when filming is within property owned in common by a group of owners to use the property prior to use of said property. In the event that no such written permission can be obtained, the film permit officer may accept other forms of verification that said permission has been granted.

(Ord. No. 4193, § 1)

The film permit office may issue a notice to cease and desist to any filming activity determined not to be in compliance with the provisions of this chapter. A penalty fee established in compliance with the County of Santa Barbara Board of Supervisors' Building Fee Ordinance shall be assessed by the film permit office prior to recommencing of filming, and/or on permits issued after the filming activity has commenced and completed.

(Ord. No. 4193, § 1; Ord. No. 4918, § 1, 3-24-2015)

Filming activity which the film permit officer determines to be of a minor nature and of no detriment to the peace, enjoyment or safety of the area affected and which recurs during the year at the same location and in a similar fashion, may be authorized under an annual minor film permit in lieu of a film permit for each production, and subject to the conditions required by the film permit officer.

(Ord. No. 4193, § 1)

The provisions of this chapter shall not apply to nay of the following activities when lawfully conducted, and are not detrimental to the peace and enjoyment of the area affected:

(a) Filming activities conducted for news purposes as defined in section 14C-2(g) of this chapter;

(b) Filming activities conducted at studios as defined in section 14C-2(k);

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

(d) Filming activities conducted solely for private or family use;

(e) Filming of the proceeding of a court, tribunal or governing board when the filming is done with the written permission of said court, tribunal or board;

(f) Filming activity consistent with federal, state and local law and of no detriment to the peace, enjoyment, and safety of the area affected and does not interfere with the safe and reasonable operation and use of public and private property, roads, emergency vehicles, maintenance equipment and personnel, and does not employ firearms, replica firearms, amplified sound sources, nighttime lighting, explosives, open flames or pyrotechnical effects, and provided that activity is in compliance with subsections (f)(1) and (f)(2) of this section;

(1) Prior to any filming activity falling within this exemption, the person or entity conducting the filming shall file with the film permit officer a signed, written declaration which shall outline the intended activity; intended time, place, and duration; the person(s) and equipment to be involved; and a statement that filming will comply with the parameters of this exemption provision.

(2) The film permit officer shall review the declaration provided under subsection (f)(1) of this section and may, based upon that review or information subsequently made available, take action to enforce provisions of this chapter, should it be determined that this exemption is not being complied with or is not applicable to a particular filming activity;

(g) Filming by the county for public benefit as determined by the film permit officer;

(h) Filming activities by students for the purpose of fulfilling classwork assignments; filming activities conducted by recognized public or private schools; filming activities by individuals or entities solely intended for noncommercial purposes and not intended for the generation of financial profit;

(i) Filming performed by a business entity conducted at the place of business to promote sales events, announcements or other lawful activities and consistent with subsection (f) of this section.

(Ord. No. 4193, § 1)

Applications for film permits shall be filed with the film permit officer a minimum of three business days priors to the date the filming activity is to begin. Applications for film permits which include road closures for traffic safety, stunts, or special effects involving electrical devices or pyrotechnics, shall be filed a minimum of seven business days prior to the date the filming activity is to begin. The film permit officer may accept film permit applications after the deadline if it is determined by the film permit officer that sufficient time to review and process the application by affected county departments is available.

(Ord. No. 4193, § 1)

The film permit application shall be filed on a form furnished by the film permit officer and signed by the applicant or authorized agent thereof.

(Ord. No. 4193, § 1)

The film permit shall be tentatively approved or denied within two business days of acceptance of the complete application by the film permit officer unless the proposed filming activity requires extensive notice or review by other county departments due to fire, traffic safety, environmental quality, or other concerns.

The film permit may be approved unless the film permit officer determines that any of the following conditions exist:

(a) The filming activity will substantially disrupt the use of a public or private road at a time when it is usually subject to traffic congestion; or interferes with the use of emergency vehicles in the proposed permit area.

(b) The location of the filming activity will substantially interfere with road maintenance work, or a previously authorized excavation permit or other valid permit.

(c) The proposed filming location is on county property and the filming activity will substantially interfere with other previously authorized activities, contracts, or the safety of the public or county employees while on said county property.

(d) The proposed filming activity is on county property and the proposed activity will substantially interfere with the conduct of county business or the scheduled maintenance of county buildings, roads, or grounds.

(e) The filming activity presents a substantial risk of injury to persons or damage to property or a significant degradation of the environment.

(f) 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 or misleading in any detail.

(g) The particular filming activity will violate any federal, state or local law.

(Ord. No. 4193, § 1)

The film permit officer shall condition the issuance of a film permit by imposing 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 or agents of the county 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, including, but not limited to, California Highway Patrol officers, at the applicant's expense;

(c) Requirements providing for identification of the filming activity area boundaries, providing advance notice to affected residents, property owners, homeowners associations, and business owners;

(d) Requirements concerning the posting of bonds or deposits to secure restoration or performance of any other condition, such as the cleanup, restoration, and repair of county roads and other county property employed in the filming activity;

(e) Restrictions concerning the use of county 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 law;

(g) Restrictions on the use of aircraft, firearms, pyrotechnics, explosives, amplified sound sources, lighting and other noise-creating devices, or devices which may tend to be hazardous or disturb the peace;

(h) Restrictions on activity involving open flame, vehicle crashes or hazardous materials;

(i) Requirements concerning cover-up of police, fir and other official uniforms worn by actors, when the actors are not on the set;

(j) Restrictions concerning the use of county logos, seals, insignias, badges, or decals for filming purposes;

(k) Restrictions on the daily hours the filming activity (including all setup and teardown of equipment) may be conducted within the county.

(Ord. No. 4193, § 1)

(a) Applications for film permits shall be accompanied by a nonrefundable application fee equal to fifty percent of the base permit fee. The permit fee schedule shall be established by the board of supervisors by resolution. Said fees shall be calculated to reflect full county cost recovery for reviewing, approving and enforcing requirements and conditions on film permits issued pursuant to this chapter. The film permit officer, at his or her discretion, may waive application fees for nonprofit organizations and enterprises.

(b) Application shall pay fees for county employee services and use of county property as shall be established by the board of supervisors by resolution or ordinance. Payment shall be made in advance of the filming activity necessitating the use of county employee services or county property. Fees for the use of county property and services shall be distributed to the department or district controlling or furnishing such property or services.

(c) The applicant shall pay all costs incurred by the county in providing county employees to be present during filming activity. Said costs shall be calculated according to the schedules established pursuant to this section.

(Ord. No. 4193, § 1)

Upon advance notice by the permittee, the film permit officer is authorized to change the date and/or location for which the film permit has been issued without requiring a new application or permit. The film permit officer shall require a film permit revision along with appropriate fees in lieu of a new permit.

(Ord. No. 4193, § 1)

The applicant for a film permit shall procure and maintain for the duration of the film activity general liability, automobile liability, and property damage insurance in the amount of one million dollars minimum. The County of Santa Barbara risk manager or film permit officer may increase the required liability insurance coverage as necessary. Said insurance certificate shall name the County of Santa Barbara, its officers, agents, and employees, as additional insured, and shall be received by the film permit officer, prior to issuance of the film permit.

(Ord. No. 4193, § 1)

Prior to the issuance of the film permit, the permittee shall sign an insurance and indemnification agreement, provided by the film permit officer, which holds the County of Santa Barbara, its officers, agents, and employees harmless for any actions of the permittee, its agents, or employees.

(Ord. No. 4193, § 1)

The permittee, its agents, employees, and contractors at the filming activity site within the county, 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 county not authorized by the film permit.

(c) The permittee shall comply with instruction issued by county employees assigned to regulate the filming activity site, including, but not limited to, the film permit officer or his or her designee.

(d) The permittee shall clean and restore all county-owned property utilized during the filming activity to the same condition as existed prior to the filming activity.

(e) The permittee shall comply with this chapter and other policies and ordinances of the County of Santa Barbara, and state and federal laws.

(Ord. No. 4193, § 1)

(a) The board of supervisors, by resolution, may restrict filming activities on certain public roads, road rights-of-way, or private road easements within the County of Santa Barbara.

(b) An applicant for a film permit may request in the permit application that the County of Santa Barbara authorize an intermittent interruption in traffic flow on public roads at the site of the filming activity. Such intermittent road closures shall in no way interfere with emergency vehicles and shall not present a detriment to the area affected and to the peace, enjoyment, and safety of the public consistent with applicable law. Such intermittent road closures shall be supervised by a law enforcement or traffic enforcement officer.

(Ord. No. 4193, § 1)

(a) The film permit may be suspended or revoked by the film permit officer or his or her designee, by any deputy sheriff, fire marshal, California Highway Patrol officer, or park ranger, if the permittee, its agents, employees or contractors, fail to comply with the requirements set forth in this chapter, or with the conditions imposed on filming by the film permit officer; or, if the film permit officer determines that the permit was issued based on false or misleading information, or that the public safety or welfare is being imperiled by the filming activity.

(b) Except for activities necessary to close down the location and remove equipment and other property of the permit holder, no permittee shall allow any filming activity to continue after the suspension or revocation of a film permit, pursuant to this section.

(c) Appeals of the permit suspension or revocation shall be conducted in the manner specified in section 14C-19 of this chapter.

(Ord. No. 4193, § 1)

(a) When applicable, the film permit officer shall require proof of written notice to be filed with the permit application. Notice in such cases shall be given to all occupants and owners of real property located within a minimum of three hundred feet of the site of the proposed filming activity, as determined by the most recent assessor's tax roll, or as otherwise specified by the film permit officer. In the case of road closure or encroachment, notice shall also be given to occupants and owners of real property with no means of access except for the affected road. The film permit officer may waive or modify this requirement in conformance with existing rules and regulations. For unusual filming conditions where the sensitivity of the area may warrant it, the film permit officer may require signed acknowledgments from the residents acknowledging notification.

(b) The notice shall include the following information relating to the proposed filming activity:

(1) Time and date(s);

(2) Hours of operation;

(3) Specific location or address;

(4) Brief description of activity; special equipment usage;

(5) Aircraft or other vehicles involved; parking location;

(6) Name and office telephone number of the film permit officer;

(7) Local contact or agent of the permit holder.

(c) The notice shall be given in advance of the proposed activity as specified by the film permit officer to assure timely notice to affected property owners and/or occupants. The film permit officer may prescribe a minimum time for advance notice in each case as necessary.

(d) In all cases, the film permit officer shall consider any comments and protests received from affected occupants and owners within seventy-two hours, before issuing any permit under this chapter. The issuance of any permit shall include conditions reasonably necessary to address any protests and comments received pursuant to this section.

(Ord. No. 4193, § 1)

(a) The permit applicant or permittee may appeal a permit denial, revocation, suspension, permit condition, insurance or fee requirement imposed by this chapter. Such appeal shall be filed with the director of planning and development not later than five business days after the date written notice of the decision is made. Failure to file a timely appeal or request for an appeal time extension, shall result in a waiver of the right to appeal. The appeal shall be heard by the director of planning and development, or his or her designee.

(b) The director or planning and development or his or her designee shall hold a hearing no later than five business days after the filing of the appeal, and shall render his or her decision not later than two business days after the appeal hearing. The decision of the director of planning and development may be appealed to the board of supervisors at its next available meeting. The decision of the board of supervisors shall be final.

(c) Any owner or occupant entitled to receive notice pursuant to the preceding section or any county elected official or officer may appeal the issuance of a film permit for a specific proposed activity in person, or in writing. Such appeal must be made at least forty-eight hours in advance of the proposed activity.

(d) An appeal pursuant to subsection (c) of this section shall be heard and/or considered by the director of planning and development or his or her designee, who may thereafter act as follows:

(1) Revoke or suspend the previously issued permit;

(2) Impose additional conditions on the previously issued permit and immediately notify the permit holder by telephone and by mail of those additional conditions;

(3) Make a finding that the previously issued permit adequately addresses any legitimate concerns raised in the challenge and allow the permitted activity to occur.

(e) At his or her discretion, the director of planning and development may contact the permit holder prior to arriving at a final decision.

(f) The decision of the director of planning and development or his or her designee shall be final and shall be rendered both verbally and in writing no later than forty-eight hours prior to the day of the proposed activity.

(Ord. No. 4193, § 1)

The violation of any provision of this chapter may be charged as a misdemeanor or an infraction at the discretion of the district attorney or may be enjoined as a public nuisance. Any violation of this chapter resulting in the creation of a public nuisance shall render the violator liable for civil fines not exceeding twenty-five thousand dollars ($25,000.00) for each day the violation continues. In any case, where a violation is prosecuted as an infraction or a misdemeanor, each day a violation continues shall constitute a separate offense.

Penalties for violations with the terms of this chapter shall be as provided in, but not limited to chapter 1 (General Provisions) and chapter 24A (Administrative Fines) of the Santa Barbara County Code.

A. Any person, whether as principal, agent, employee, or otherwise, who maintains any premises in violation of any provision of this Code shall be liable for and obligated to pay to the county all costs incurred by the county in obtaining abatement or compliance which is attributable to or associated with the enforcement or abatement action, whether such action is administrative, injunctive, or legal, and for all damages suffered by the county, its agents, officers, and employees as a result of such violation or efforts to abate the violation.

B. Periodically, and at the conclusion of the enforcement action, the director of planning and development shall send a summary of costs/billing statement associated with enforcement to the owner of the subject property and/or responsible party by certified mail, or other service methods in accordance with California Code of Civil Procedure Section 415.20, as amended.

C. Any owner of the property who receives a summary of costs/billing statement shall have the right to a hearing before the director of planning and development on their objections to the costs. The request for hearing shall be filed in writing within ten (10) working days of personal service or the date of mailing of the billing statement. The director shall hold a hearing on the objections within thirty (30) days of the request for a hearing.

D. In determining the validity of costs assessed, the director shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered shall include, but are not limited to, whether the present owner created the violation; whether there is a present ability to correct the violation; whether the owner moved promptly to correct the violation; the degree of cooperation or lack thereof provided by the owner; and whether reasonable minds can differ as to whether a violation exists.

E. In the event that no request for a hearing has been filed, or after a hearing, the director determines the validity of the costs, the billing statement shall be a final order and the owner shall be liable to the county in the amount stated in the billing statement or as determined by the director in the hearing.

F. If the final order on a summary of costs has not been paid within forty-five (45) days of notice thereof, these costs shall be recoverable in a civil action in the name of the county, in any court of competent jurisdiction within the county, or by recording a lien against the property that is the subject of the enforcement activity pursuant to California Government Code Section 54988 et seq.

(Ord. No. 4193, § 1; Ord. No. 4918, § 2, 3-24-2015)

If any section, subsection, sentence, clause, phrase, or word of this chapter is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The board of supervisors of the County of Santa Barbara hereby declares it would have passed and adopted this policy and each and all provisions hereof irrespective of the fact that any one or more of said provisions be declared invalid.

(Ord. No. 4193, § 1)