Santa Paula Municipal Code Ch. 118 Motion Picture, Radio, Television Production, and Still Photography…

This chapter is adopted pursuant to the city's police powers for the purpose of establishing a permit system to regulate motion picture and television production in the city. Application of this chapter is intended to protect community health, safety, welfare, and property rights by ensuring that motion picture and television production within the city has minimal impact upon businesses and residents.

(Ord. 1225, passed 1-19-10)

Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of words and phrases used in this chapter:

ADMINISTRATOR means the City Manager or designee.

APPLICANT means a person seeking a filming permit pursuant to this chapter.

CURRENT NEWS means regularly scheduled news programs (excluding documentary programs) and special news programs which are not preplanned and are broadcast within 72 hours after filming.

FILMING includes all activity attendant to staging or shooting commercial motion pictures, television shows or programs, and commercially prepared radio broadcasts. Filming also includes any noncommercial filming that obstructs, delays, disrupts, or otherwise interferes with the ordinary use of city streets, parking facilities, sidewalks or other public rights-of-way, including, without limitation, on-street parking and vehicle traffic within neighborhoods.

FILMING SITE means the location designated by a valid permit issued pursuant to this chapter for filming and all ancillary uses including, without limitation, catering, storage, and parking.

PERMITTEE means any natural person, entity, or combinations thereof possessing a film permit issued by the city pursuant to this chapter.

STILL PHOTOGRAPHY means and includes all activity attendant to staging or shooting commercial still photographs.

(Ord. 1225, passed 1-19-10)

(A) Except as otherwise provided, it is unlawful for any person to engage in, conduct, or carry on filming or commercial still photography on any public or private property, facility, or residence without a valid permit issued pursuant to this chapter.

(B) A permit is not deemed issued until the Administrator receives the applicant's written acceptance in accordance with this chapter.

(C) Exemptions.

(1) Current news. This chapter does not apply to or affect reporters, photographers, or cameramen in the employ of a newspaper, news service, radio broadcasting station, or similar entity engaged in broadcasting current news concerning those persons, scenes, or occurrences which are in the news and of general public interest.

(2) Studios. This chapter does not apply to or affect a motion picture, television, or radio broadcasting studio operating within its physical confines at an established or fixed place of business in the city.

(3) Charitable purposes. A permit fee is not required for any permit issued for filming when the Administrator determines, based upon reasonable evidence, that filming is conducted or carried on wholly for a charitable or nonprofit purpose either directly or indirectly, by any individual.

(4) Educational purposes. A permit fee is not required for any permit issued for filming when the Administrator determines, based upon reasonable evidence, that filming is conducted or carried on wholly for student and class photographs, sports pictures, independent student media film class activities, photography class activities and student cable filming.

(Ord. 1225, passed 1-19-10)

In addition to, or in lieu of, a permit required by this chapter, use of any public facility within the city may require a rental or use agreement.

(Ord. 1225, passed 1-19-10)

The Administrator is authorized to receive applications, issue and revoke permits, and otherwise implement this chapter.

(Ord. 1225, passed 1-19-10)

(A) Information required. The following information must be included in the application:

(1) The name, mailing address, and daytime telephone number of the person who will be present during, and responsible for, the filming;

(2) The address or place at which the activity is to be conducted;

(3) The specific location(s) at such address or place;

(4) The inclusive times and dates such activity will transpire;

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

(6) The number of personnel to be involved;

(7) Anticipated use of any animals, pyrotechnics, fire, or explosives;

(8) The food servicing arrangements;

(9) Requests for special assistance at the location, including, without limitation, street closure, traffic control, and emergency services;

(10) Whether the activity to be filmed includes vehicle chases or other activities dangerous to the participants or to the public, with a description of the activity to be filmed;

(11) The amount and type of equipment to be involved including without limitation, the number and size of vehicles, location of all vehicles and ancillary equipment and the name of the person responsible for keeping the filming site clear and clean.

(12) A declaration regarding notification of residences and businesses as required by this chapter; and

(13) Such other information as the Administrator deems appropriate.

(B) In addition to the provisions of this chapter, any applicant engaging in activity that requires compliance with federal, state, or local regulations, including additional licenses or permits, must present evidence of satisfactory compliance with those requirements.

(Ord. 1225, passed 1-19-10)

Motion picture, radio, television productions, or still photography:

(A) A nonrefundable application fee for motion picture, radio, television productions, or still photography as set by resolution of the City Council must be paid.

(B) A permit fee set by City Council resolution must be paid whenever the permittee uses any portion of any public street, road, right of way or building, other than a building located in a public park, owned or controlled by the city.

(C) The use of public parks and buildings located in public parks to the exclusion of the general public is discouraged; however, when such permit is granted, the permit fee will be fixed by City Council resolution.

(D) Still photography.

(1) A nonrefundable application fee for still photography commercial advertising as set by resolution of the City Council must be paid.

(2) A permit fee set by city council resolution must be paid whenever the permittee uses any portion of any public street, road, right of way or building, other than a building located in a public park, owned or controlled by the city.

(3) The use of public parks and buildings located in public parks to the exclusion of the general public is discouraged; however, when such permit is granted, the permit fee will be fixed by City Council resolution.

(Ord. 1225, passed 1-19-10)

In addition to the fees and charges established, the permittee must pay all costs and direct overhead of the city for supervising, controlling, and managing permittee's operation. This includes, without limitation, all personnel costs, all material and supply costs, and all other direct costs and expenses of the city. These costs and expenses will be computed at the conclusion of the project and be deducted from the deposit required.

(Ord. 1225, passed 1-19-10)

(A) Cash deposit. After the application fee is paid and the application approved and before any permit is issued, permittee must deposit with the city a cash deposit computed as follows: Twice the amount determined by the city to be the total cost to the city plus a sum equal to all permit and license fees.

(B) Conditions for refund of security deposit. At the conclusion of the project, the total of the deposit will be applied to the city's permit and license fees and to the city's costs and direct overhead of administering and supervising the permit; and the balance, if any, will be deemed a security deposit. The security deposit must be refunded by the city to the permittee if the permittee has fully complied with all of the conditions of the permit and all requirements of law. If the permittee has not complied with all conditions of the permit and all requirements of law, the security deposit will be retained by the city.

(Ord. 1225, passed 1-19-10)

Any person aggrieved by the Administrator's determination concerning the amount of the deposit or the amount of any refund may file a written appeal as provided by this chapter.

(Ord. 1225, passed 1-19-10)

(A) After a film permit application is filed, the Administrator must forward the application to directors, or designees (collectively "reviewing officers"), whose departments are affected by the proposed event for their recommendations. The reviewing officers may include, without limitation:

(1) The Fire Chief;

(2) The Police Chief;

(3) The Recreation and Parks Director; and/or

(4) The Public Works Director.

(B) Upon receiving an application, the reviewing officers must consider the application, conduct any necessary investigation, and provide the Administrator with written recommendations regarding:

(1) Any special conditions for a permit;

(2) Whether, based on the scope of the proposed filming, a pre-filming operational meeting is required. Should such a meeting be necessary, the Administrator will notify the applicant of the time and place of the meeting within a reasonable time before filming; and

(3) Any additional recommendations.

(C) The reviewing officers must complete their review before the Administrator can make a decision on the application.

(Ord. 1225, passed 1-19-10)

(A) Except as provided in this chapter, completed applications for a film permit must be filed in the Administrator's office at least:

(1) Three business days before the filming date for a permit that does not require city services; or

(2) Five business days before the filming date for filming involving stunts or traffic control; or

(3) Ten business days before the filming date for filming involving closure of public streets or rights-of-way, or use of pyrotechnics, fire, or explosives for special effects, except that an application may be filed pursuant to subsection (A)(1) if special effects are limited to the use of "squibs" as defined in Cal. Code of Regs. Title 19, § 980, or any successor regulation, and the fire department determined the pyrotechnic operator's license to be in good standing within the previous 12 months.

(B) Except as provided in this chapter, completed applications for a film permit must be denied, approved, or conditionally approved by the Administrator within the applicable time periods established by subsections (A)(1) through (3). Following his or her decision, the Administrator will promptly attempt to notify the applicant orally and in writing.

(C) Unless otherwise provided, the applicant's acceptance of the approval or conditional approval must be received by the Administrator before the filming date. Failure to accept the decision or failure to file a request for appeal constitutes a withdrawal of the application.

(Ord. 1225, passed 1-19-10)

(A) The Administrator must issue a permit if:

(1) The application was complete in accordance with this chapter;

(2) There are no grounds for denying the permit; and

(3) Applicant accepts the permit approval or conditional approval in writing.

(B) Use of any permit issued pursuant to this chapter must conform to the general permit conditions of this chapter and, if applicable, special permit conditions reasonably deemed necessary by the Administrator to protect public safety and/or welfare. Such special conditions may include, without limitation, conditions for controlling pedestrian and/or vehicle traffic, for protecting public and/or private property, and/or for protecting public health and safety.

(Ord. 1225, passed 1-19-10)

(A) A permit may be denied for the following reasons:

(1) The application is incomplete;

(2) The applicant failed to provide reasonable supplemental application information requested by the Administrator;

(3) Information submitted by the applicant is materially false;

(4) Applicant seeks approval for filming that is so close in time and location to another event scheduled for the same date as to cause unreasonable traffic congestion and/or to overextend public safety and/or emergency services;

(5) Filming time and/or methodology will unreasonably interrupt the safe and orderly movement of traffic contiguous to the filming site;

(6) The concentration of persons, animals, and/or vehicles at the filming prevents public safety and/or emergency services from reaching areas at or contiguous to the event;

(7) The concentration of persons, animals, and/or vehicles at the filming on or adjacent to public institutions or schools prevents normal egress and ingress into the facility;

(8) The size of filming will overextend public safety and/or emergency services to the extent that the safety of filming participants, attendees, and/or the remainder of the city will be seriously jeopardized; provided, however, that nothing authorizes denial of a permit because of the need to protect participants from the conduct of others if reasonable permit conditions can be imposed;

(9) The filming location will substantially interfere with construction or maintenance work previously scheduled to take place on or along the city street, parking facility, sidewalk or other public right-of-way to be occupied by the event;

(10) The filming will occur along a route or location adjacent to a hospital or extended care facility, and the noise created by the filming would substantially disrupt the operation of the hospital or extended care facility or disturb the patients within;

(11) The filming will occur at a location adjacent to a library and the noise created by the filming will substantially disrupt the library's operation or disturb a library's patrons;

(12) The application is not timely submitted and there is insufficient time to investigate and process the application pursuant to the timelines in this chapter;

(13) The application fails to include a declaration regarding notification of residences and businesses within the impact zone as required by this chapter.

(B) The Administrator must consult with the city attorney before denying a filming permit.

(Ord. 1225, passed 1-19-10)

If the administrator denies a film permit that would be acceptable by changing filming time, place, or manner, then the administrator may inform the applicant of such alternatives. Should the applicant accept the alternative time, place, or manner then the Administrator will issue a permit in accordance with this chapter.

(Ord. 1225, passed 1-19-10)

The City Manager is authorized and directed to promulgate administrative policies and procedures governing the form, time, and location within the city to implement this chapter. The rules and regulations can be based upon the following criteria:

(A) Traffic congestion at particular locations within the city;

(B) The safety and convenience of all persons;

(C) The disruption of normal activities of all persons at particular locations within the city;

(D) The safety of property within the city;

(E) Whether particular types of equipment are required for certain film sites to reduce the impact on neighbors. Such equipment may include, without limitation, tow plant generators; and

(F) Whether a film liaison is required to oversee filming at certain filming sites. If a film liaison is required, permittees must also abide with a filming code of conduct identified by the Administrator. The cost of a monitor must be borne by permittees.

(Ord. 1225, passed 1-19-10)

Permittees must enter into a hold harmless agreement with the city which, in part, indemnifies city, its officers, employees, and agents, from any liability arising from permittees' filming in a form approved by the city attorney.

(Ord. 1225, passed 1-19-10)

(A) Insurance requirements. Permittee must obtain public liability insurance from an insurance company licensed to do business in the state of California and having a financial rating in Best's Insurance Guide of not less than "A VII." Such insurance must provide "occurrence" coverage against liabilities for death, personal injury, or property damage arising out of or in any way connected with filming. Such insurance shall be based upon the size and nature of filming, the risks foreseeably involved, and must be in the amount of at least $1,000,000, combined single limit, and name the city and the city's officers, employees, agents, and volunteers as additional insureds under the coverage afforded. The city's risk manager may increase this minimum limit depending on the risk involved with the proposed filming. In addition, such insurance must be primary and noncontributing with respect to any other insurance available to the city and include a severability of interest (cross-liability) clause. If alcoholic beverages are sold or served during filming, the policy must also include an endorsement for liquor liability in an amount not less than $1,000,000.

(B) Certificates of insurance. A copy of the policy or a certificate of insurance along with all necessary endorsements, in a form approved by the city's risk manager, must be filed with the Administrator not less than five business days, except as otherwise provided in this chapter, before filming unless the Administrator for good cause waives the filing deadline.

(C) Bonds. A bond/cash deposit may be required for purposes of repairing any damage and restoring city facilities to original condition. The amount will be determined by the Administrator. In the event of such damage, city will provide written notice to the permittee specifying the damage to be repaired and/or city facilities to be restored. If, after providing permittee with such written notice, the requested repairs and/or restoration of city facilities have not been commenced and/or completed within seven days, city may draw upon the bond/cash deposit to effect said repairs and/or restoration of city facilities. In the event of damage requiring emergency repairs and/or restoration of city facilities by the city, the permittee is required to reimburse the city in full for all costs incurred within 30 days receipt of invoice from city.

(Ord. 1225, passed 1-19-10)

Before the Administrator issues a filming permit, an applicant must notify neighbors within 300 feet of a filming site as follows:

(A) The applicant must make every reasonable effort to notify persons within 300 feet of a filming site, by any reasonable means specified by the Administrator, regarding the filming's nature, date, and time.

(B) Notifications must include applicant's name, address, telephone number, date(s), and time(s) of filming.

(C) The applicant must submit a declaration, signed under penalty of perjury, with a permit application stating that reasonable notice was provided to every persons within 300 feet of the filming site.

(D) The Administrator may, at the applicant's cost, prepare documentation showing the neighbors within 300 feet of a filming site.

(Ord. 1225, passed 1-19-10)

An applicant must obtain a permit from the city fire department for filming that includes pyrotechnics, fires, or explosives. During filming the permittee must, at its own expense, use city fire personnel deemed necessary by the city fire department. All city fire permits must be obtained at least 72 hours before filming.

(Ord. 1225, passed 1-19-10)

(A) Filming cannot commence before 7:00 a.m.

(B) The permit, in its entirety, must be in the possession of the permittee at all times while filming.

(C) A permittee must conduct operations in an orderly fashion. The area used must be cleaned of trash and debris upon completion and before leaving the filming site(s). A deposit to assure that a permittee removes all trash and debris from the filming site(s) may be required. This requirement and the amount may be determined by the Administrator.

(D) Vehicle parking for all filming related activities must be in accordance with the Administrator's directions.

(E) All camera cars must have a police escort. The Administrator may determine how many police officers will be required to escort camera cars.

(F) All filming and ancillary activities must cease not later than 10:00 p.m. Such ancillary activities include, without limitation, striking sets, loading equipment, and vehicle traffic.

(G) Permittees must protect any neighbors within an impact zone from glare caused by lighting used for filming after sunset.

(H) Production companies cannot place equipment or vehicles on private property without the private property resident's written consent.

(Ord. 1225, passed 1-19-10)

(A) Grounds for subsequent conditions. The Administrator may condition previously issued permits upon learning or discovering facts not previously disclosed or reasonably discoverable.

(B) Notice of subsequent conditions. Should subsequent conditions be required, the Administrator will serve written notice on the permittee of this decision. When acting upon information obtained 24 hours before filming, the Administrator may orally inform the permittee, and city personnel overseeing filming, of the new conditions.

(Ord. 1225, passed 1-19-10)

The City Manager, Administrator, and/or any sworn public safety officer may temporarily suspend filming whenever there is an emergency that requires such action to protect public safety. Should this occur, the permittee and filming participants must immediately comply with the suspending officer's instructions. The Administrator will immediately attempt to notify the applicant orally and notify the applicant in writing, within 24 hours after the suspension, citing with particularity the facts and the reasons for the suspension.

(Ord. 1225, passed 1-19-10)

Except as otherwise provided by this chapter or the terms and conditions of a permit issued under this chapter, those provisions of this code regulating land use and parking do not apply to a permittee. All other provisions of this code are applicable to the permittee's conduct except as specifically provided in the permit.

(Ord. 1225, passed 1-19-10)

The Administrator, or designee, is authorized and directed to establish traffic and/or crowd control devices on or within the city's streets, parking facilities, sidewalks, or other public rights-of-way, and to undertake other actions necessary to cordon off the filming site. In addition, the Administrator, can, when appropriate, cause the filming site to be posted as a no-parking zone for the duration of filming and sufficiently in advance thereof as may be necessary to prevent vehicles from parking along the route or at the filming location.

(Ord. 1225, passed 1-19-10)

(A) Interference with filming. It is unlawful for any person to physically obstruct, impede, hamper or otherwise interfere with any filming authorized by a permit or with any person, animal or vehicle participating or used in filming.

(B) Driving through the filming site. It is unlawful for any person to drive a vehicle between vehicles or persons authorized by a film permit when such vehicles or persons are in motion.

(C) Prohibited parking. It is unlawful for any person to park along or within any portion of the route or filming site, when the filming site is designated as a no-parking zone by the Administrator in the manner authorized by this chapter.

It is unlawful for any person to engage in filming that would constitute a hazard to public safety or interfere with or endanger the public peace or rights of residents and other occupants of property to the quiet, peaceful, unmolested enjoyment of their property.

(Ord. 1225, passed 1-19-10)

It is unlawful for any person to knowingly or intentionally misrepresent to any officer or employee of the city any material fact in procuring the permit provided for in this chapter.

(Ord. 1225, passed 1-19-10)

(A) If, due to inclement weather or other, similar, unforeseen circumstances, it is necessary to change the filming date and/or time, the Administrator may, upon permittee's request, issue a film permit addendum authorizing filming at the same location for new times and dates. Permittee must comply with all applicable provisions of this chapter, including notification, and pay any reasonable administrative fee that permit reissuance may cost.

(B) If there is any substantial change in the filming from that described in the permit application, an applicant must pay the permit application fee and obtain an amended permit before the filming date.

(Ord. 1225, passed 1-19-10)

(A) The Administrator can revoke a film permit upon learning or discovering facts requiring permit denial not previously disclosed or reasonably discoverable.

(B) The Administrator may revoke a film permit when the permittee and/or filming violates the permit's terms and conditions, or when filming participants violate applicable laws or regulations; provided, however, that this subsection does not authorize revoking a permit because of the need to protect participants from the conduct of others; and, provided further, that the Administrator cannot revoke a permit without warning the permittee and allowing him/her to correct the violation(s) within a reasonable time.

(C) If the Administrator revokes a permit before the filming date, the Administrator must immediately serve written notice of revocation on the permittee and provide copies of the notice to all city personnel charged with carrying out any responsibility under this chapter. If the Administrator revokes a permit on the day of filming after learning of facts justifying revocation less than 24 hours before the filming commenced, the Administrator must announce such action to the filming participants, city officers and employees monitoring or controlling traffic during the filming, and the person in charge of the filming, if such person can be located at the filming location. Written notice must be delivered after such action to the permittee.

(D) An applicant is entitled to an administrative hearing before a hearing officer designated by the city manager provided.

(1) The applicant appeals the Administrator's decision within 24 hours of receiving notice of such conditions;

(2) Filming is scheduled at least 48 hours after the hearing time;

(3) The hearing will be at the Administrator's office at 4:00 P.M. the day after the hearing is requested, unless otherwise agreed upon. The hearing officer will issue a decision orally at the conclusion of the hearing and also notify the applicant, the Administrator in writing of the hearing officer's decision;

(4) Any notification of action, whether oral or written, must describe with particularity the facts and the reasons for the decision;

(E) The Administrator must consult with the city attorney before revoking a filming permit.

(F) Appeals to Council. Any person aggrieved by the decision of the Administrator may appeal to the council in the manner provided by this chapter.

(G) Failure to appeal. In the event no appeal is taken by the permittee, the decision of the Administrator revoking or suspending such permit becomes final and conclusive on the expiration of the time fixed for the appeal as set forth in this chapter.

(Ord. 1225, passed 1-19-10)

(A) Procedures. Any person aggrieved by any decision of the Administrator or of any other officer of the city made pursuant to the provisions of this chapter may appeal to the Council within 15 days after notice thereof by filing with the city clerk a written notice of appeal, briefly stating in such notice the grounds relied upon for appeal. If such appeal is made within the time prescribed, the City Clerk will schedule a hearing before the council within 30 days after the date of the receipt of such notice of appeal, giving the appellant not less than ten days notice in writing of the time and place of the hearing. The findings and determinations of the Council at such hearing are final and conclusive and within three days after such findings and determinations are made, the City Clerk will give notice thereof to the appellant.

(B) Council determination. For appeals relating to the suspension or revocation of permits issued pursuant to this chapter, the council's determination become effective on the second day after the City Clerk gives notice thereof to the appellant, unless otherwise provided by the council.

(Ord. 1225, passed 1-19-10)

Pursuant to Cal. Civ. Code § 1094.8(c), and any successor statute or regulation, the permits under this chapter are designated for expedited judicial review pursuant to the procedure set forth in Cal. Civ. Code § 1094.8, or any successor statute or regulation.

(Ord. 1225, passed 1-19-10)