Article 4-60

MOTION PICTURE FILMING

Sections:

(a) This Article is adopted in accordance with Section 14999.21 of the Government Code, for the purpose of implementing the Model Film Permit Process as established by the California Film Commission.

(b) The term "motion picture filming," as used in this Article, shall mean and include the staging and shooting of motion pictures, television programs or commercials.

(c) The title "Community Events Official" refers to the City staff member designated by the City Manager in writing to carry out the functions described in this Article. (Ord. 71.84 § 1 (part), 1991; Ord. No. 322, § 1(Exh. 1.B.12), 11-19-2014)

The Community Events Official is hereby designated as the City's representative to work directly with the film industry and to administer and enforce the provisions of this Article. In the absence or unavailability of the Community Events Official, applications for motion picture filming permits shall be processed by such alternate person as the Official may designate. (Ord. 71.84 § 1 (part), 1991; Ord. No. 322, § 1(Exh. 1.B.12), 11-19-2014)

Editor’s note— Ord. No. 322, § 1(Exh. 1.B.12), adopted Nov. 19, 2014, amended § 4-60.020 in its entirety to read as herein set out. Said section formerly pertained to designation of public services director.

(a) No person shall engage in the activity of motion picture filming in the City without first obtaining a permit to do so pursuant to this Article.

(b) The holder of a valid motion picture filming permit issued pursuant to this Article shall not be required to obtain a separate business license under Article 4-05 of this Chapter, or any other form of special permit, license or approval from the City for the activities authorized to be conducted under the terms and conditions of the motion picture filming permit.

(c) Notwithstanding subsection (a) of this Section, a permit shall not be required for motion picture filming conducted entirely on private property, provided that the total length of vehicles parked on City streets in connection with the filming does not exceed thirty-five feet.

(Ord. 71.84 § 1 (part), 1991; Ord. No. 413, § 1(Exh. A, § 7), 11-5-2025)

Notwithstanding Section 4-60.030, the provisions of this Article shall not apply to any of the following:

(a) Broadcasting or filming of current news events by persons in the employ of a television station, newspaper, or other news media organization.

(b) Broadcasting or filming conducted by persons affiliated with the community access television station servicing the City, as referenced in Section 4-25.070(a) of this Chapter.

(c) Motion picture filming and videotaping for private non-commercial use. (Ord. 71.84 § 1 (part), 1991)

(a) Applications for a motion picture filming permit shall be filed with the Community Events Official on the standardized application form as promulgated by the California Film Commission. The application shall include such additional information concerning the nature and extent of the proposed filming activity as the Community Events Official may reasonably require, including the intended use of public facilities and the anticipated need for public services.

(b) The application shall be accompanied by payment of a filing fee in such amount as established from time to time by resolution of the City Council. The filing fee shall be equivalent to the City's direct and indirect costs for processing and issuing the motion picture filming permit and monitoring the permittee's compliance with any conditions set forth therein.

(c) The Community Events Official may forward a copy of the application to any other City departments

(Saratoga Supp. No. 57, 1-26)

84.3

4-60.050

and public agencies the Official deems appropriate for review and comment, including, but not limited to, the City engineering and maintenance departments, the County Sheriff, and the fire district having jurisdiction over the proposed filming activity. Any conditions or requirements requested by such other City departments and public agencies shall be incorporated into the motion picture filming permit. (Ord. 71.84 § 1 (part), 1991; Ord. No. 322, § 1(Exh. 1.B.12), 11-19-2014)

(a) The Community Events Official shall issue the motion picture filming permit when all requirements for issuance thereof have been fully satisfied, as determined by said Official. The permit shall not become effective until it has been signed by the applicant to indicate acceptance of all terms and conditions that may be specified in the permit.

(b) A copy of the motion picture filming permit shall be kept on site at all times during the conduct of the filming activity and shall be available for inspection by any representative of the City or any law enforcement officer.

(c) In the event the Community Events Official is aware that the proposed motion picture filming activity requires a permit or approval to be granted by any other governmental agencies, the Community Events Official shall indicate such fact on the permit issued to the applicant and shall notify such other agencies of the proposed filming activity. (Ord. 71.84 § 1 (part), 1991; Ord. No. 322, § 1(Exh. 1.B.12), 11-19-2014)

(a) The motion picture filming permit may be issued subject to any conditions or requirements which the Community Events Official considers necessary or appropriate for protection of the public safety and protection of public and private property. Such conditions and requirements may include, without limitation, any or all of the following:

(1) Hiring of police personnel for security and traffic control.

(2) Furnishing of traffic and crowd control signs, barricades, and devices.

(3) Implementation of safety measures to prevent the occurrence of fire.

(4) Repair or replacement of any damaged public or private property.

(5) Restrictions on the time of day during which, and the locations at which, the filming and related activities may be conducted.

(6) Requirements for control and daily removal of trash and debris and restoration of the site upon completion of the filming activity.

(b) The Community Events Official shall have continuing authority following issuance of the permit to modify the conditions set forth therein or impose additional conditions for the protection of persons and property. (Ord. 71.84 § 1 (part), 1991; Ord. No. 322, § 1(Exh. 1.B.12), 11-19-2014)

(a) No motion picture filming permit shall be issued until the applicant has furnished to the Community Events Official a general liability special endorsement showing comprehensive general liability insurance coverage in the amount of not less than two million dollars, auto liability coverage for owned, nonowned, and hired autos, and naming the City and its officers, officials, employees and volunteers as insured parties under the applicant's policy. The endorsement shall provide for such deductibles and other coverages as specified or approved by the Community Events Official. Applicant shall maintain statutory Workers' Compensation Insurance and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000.00). Applicant shall submit to City, along with the certificate of insurance, a waiver of subrogation endorsement in favor of City, its officers, officials, employees, and volunteers. Proof of Worker's Compensation is not required if Applicant provides written verification that they have no employees.

(b) Every motion picture filming permit shall be issued subject to the condition and requirement that the permittee indemnify, defend and hold the City and its officers, officials, employees and volunteers harmless from and against any and all claims, demands, costs, expenses, or liabilities arising from, or in any manner relating to, the conduct of the motion picture filming activity by the permittee and its employees, agents, contractors, subcontractors, representatives, or invitees. (Ord. 71.84 § 1 (part), 1991; Ord. No. 322, § 1(Exh. 1.B.12), 11-19-2014)

(Ord. No. 403, § 1(Exh. A, § 6), 7-3-2024)

In response to a request from the permittee, the Community Events Official may issue riders to the

(Saratoga Supp. No. 57, 1-26)

84.4

4-60.110

motion picture filming permit for the purpose of amending any term or provision contained therein. No additional application fee shall be charged for staff time to process the amendment, but the permittee shall pay any other costs or expenses the City may incur as a result of such request. The rider may be issued subject to any additional conditions imposed by the Community Events Official in accordance with Section 4-60.070 of this Article. A motion picture filming permit may not be amended after the filming activity has been completed and all conditions of the original or amended permit have been fully satisfied. (Ord. 71.84 § 1 (part), 1991; Ord. No. 322, § 1(Exh. 1.B.12), 11-19-2014)

(a) The permittee may cancel the permit at any time prior to the conduct of filming activity by giving written notice of cancellation to the Community Events Official. In such event, any cash deposits collected by the City pursuant to Section 4-60.100 of this Article shall be refunded to the permittee, together with any portion of the application fee representing the estimated cost of monitoring the filming activity, as determined by the Community Events Official.

(b) The Community Events Official may revoke a motion picture filming permit upon any failure by the permittee to comply with any condition or requirement set forth in the permit. (Ord. 71.84 § 1 (part), 1991; Ord. No. 322, § 1(Exh. 1.B.12), 11-19-2014)

(a) The permittee shall be required to pay all costs of providing public facilities and public services for the motion picture filming activity to be conducted pursuant to the permit, including, but not limited to, Police and Fire Department personnel costs, and City incurred personnel, contract services, or material costs. As a condition for issuance of the motion picture filming permit, the Community Events Official may require payment of a cash deposit in an amount equal to the estimated cost of all such public facilities and services. Within thirty business days after completion of the filming activity, the City shall furnish to the permittee an accounting of the actual total cost of all public facilities and services provided to or for the benefit of the permittee. The Official shall either refund to the permittee any balance of the cash deposit remaining after payment of such total cost, or submit to the permittee a billing for the amount by which the actual total cost of public facilities and services exceeds the cash deposit. The permittee shall pay any excess cost within ten days after submission of the billing.

(b) As a separate condition for issuance of the motion picture filming permit, the Community Events Official may require payment of a damage and cleaning deposit to secure the permittee's obligation to maintain and leave the filming location in proper condition. The cleaning deposit, or any remaining balance thereof, shall be refunded to the permittee within ten business days after completion of the filming activity. The City shall furnish to the permittee a statement describing nature and amount of any disbursements made from the cleaning deposit. (Ord. 71.84 § 1 (part), 1991; Ord. No. 322, § 1(Exh. 1.B.12), 11-19-2014)

84.4.1

(Saratoga Supp. No. 57, 1-26)