Sierra Madre Municipal Code Ch. 5.36 Commercial Photography and Motion Picture Filming

Footnotes:

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Editor's note— Ord. No. 1308, § 1, adopted June 8, 2010, amended Chapter 5.36 in its entirety to read as herein set out. Former Chapter 5.36, § 5.36.010, pertained to filming and video filming and derived from Ord. 1014, § 3, adopted 1983.

This chapter shall be entitled "Commercial Photography and Motion Picture Filming" and shall constitute the rules regulating the permitting of commercial film activities in the city of Sierra Madre.

(Ord. No. 1308, § 1, 6-8-10)

This chapter is to establish procedures for the review and issuance of city filming permits allowing work associated with the production of commercial filming activities, within the city of Sierra Madre, subject to the permit requirements. The intent of this chapter is to facilitate the production of such work while protecting the residents and property owners from the potential adverse impacts of filming activities.

(Ord. No. 1308, § 1, 6-8-10)

For purposes of this chapter, the following definitions shall apply:

A. "Charitable films" shall mean motion pictures, television, or still photography produced by a nonprofit organization, which qualifies under Section 501(c)(3) of the Internal Revenue Code as a charitable organization. No person, directly or indirectly, shall receive a profit from the marketing and production of the film or from showing the films, tapes, or photos.

B. "City film permit" shall mean a permit issued by the City of Sierra Madre to allow the activities associated with the production, filming or video taping of motion picture and television shows, programs, commercials, and still photography.

C. "City film monitor" shall mean the city manager of the City of Sierra Madre or his/her designee.

D. "City produced or city sponsored government or educational access productions" shall mean motion pictures, television, or still photography produced by or in association with the city.

E. "Commercial area" shall mean the same as "central core area" under Section 17.35.050 of this code.

F. "Family videos" shall mean the filming or videotaping of motion pictures or taking of still photographs solely for private use and shall exclude productions intended to promote any commercial business.

G. "Film or photography activity" shall mean and include all activity attendant to staging or shooting motion pictures, television shows or programs, commercials, or commercial photo shoots, and utilizing a cast and crew consisting of more than five persons.

H. "News media" shall mean the photographing, filming, or videotaping for the purpose of spontaneous, unplanned television news broadcast or reporting for print media by reporters, photographers, or cameramen possessing valid credentials recognizing affiliation with a news organization.

I. "Non-commercial area" shall mean a private property, public property, public right- of-way or portion thereof that is not a commercial area.

J. "Student films" shall mean motion picture, television, or still photography produced to satisfy a course or curriculum requirement at an educational institution. The student must supply proof that he/she is currently enrolled in an educational institution.

K. "Studio productions" shall mean a legally established, commercial, motion picture/television/still photography place of business where film or photography activities (motion or still photography) are regularly conducted inside a studio/stage upon the premises.

(Ord. No. 1308, § 1, 6-8-10; Ord. No. 1459, § 2(Att. A), 7-26-22; Ord. No. 1471, § 2, 9-10-24)

No person shall use any public or private property, building, facility, or residence for any film or photography activity without a city film permit issued pursuant to the provisions of this chapter.

(Ord. No. 1308, § 1, 6-8-10; Ord. No. 1459, § 2(Att. A), 7-26-22)

This chapter shall not apply to the following:

A. News media.

B. Family videos.

C. Film or photography activity utilizing a cast and crew consisting of five persons or less.

D. Studio productions.

E. City produced or city sponsored government or educational access productions.

(Ord. No. 1308, § 1, 6-8-10; Ord. No. 1459, § 2(Att. A), 7-26-22)

A. City Film Permit Application.

(1) Any person desiring a permit under the provisions of this chapter shall fill out an application provided by the city film monitor. The form must be signed and accompanied by all applicable fees, deposits, indemnification agreement, and insurance certificate required by this chapter before the permit will be processed.

(2) Such application shall be submitted at least ten business days prior to the date on which such person desires to conduct the activity for which a permit is required.

(3) Accompanying the application form shall be evidence of the following:

(a) All applicable fees and deposits.

(b) Evidence of insurance as required under Section 5.36.110.

(c) An executed indemnification agreement, on a form approved by the city attorney, as required under Section 5.36.120.

(d) If determined by the city film monitor to be necessary, written evidence of permits and/or coordination with other public agencies may be required upon submission of an application for a city film permit. The conditions and requirements of these responsible agencies shall be requirements of this permit.

(e) Proof of property owner or tenant approval as required under Section 5.36.065.

(f) Information regarding the exact number of cast and crew.

(g) Information regarding the dates and hours of film or photography activity.

(h) Information regarding the specific location and address of the film or photography activity.

(i) The name, phone number, physical address, and email address for the property owner(s) and the representative of the production.

(j) The exact amount/type of vehicles/equipment to be employed along with a parking plan.

(k) Information regarding activity which may cause public alarm, such as the use of any animals, gunfire, pyrotechnics, or low flying vehicles.

B. City Film Permit Issuance.

(1) The city film monitor shall issue a permit as provided for in this chapter when, from a consideration of the application and from such other information as may be otherwise obtained, that the application complies with the provisions of this chapter and he or she finds that:

(a) The conduct of such activity will not unduly interfere with traffic or pedestrian movement or endanger public safety and that no streets will be completely closed to traffic for an unreasonable period of time. Forty-eight hours' advanced notice of any street closure shall be posted;

(b) The conduct of such activity will not unduly interfere with normal governmental or city operations, threaten to result in damage or detriment to public property, or result in the city incurring costs or expenditures in either money or personnel not reimbursed in advance by the applicant;

(c) At the determination of the city's public works department as well as the Sierra Madre police and fire departments, that the condition of such activity will not constitute a fire hazard or any other type of hazard and all proper safety precautions will be taken as determined by the heads of the aforementioned departments or their designees; and

(d) The applicant has not violated a condition of a prior city film permit within a twenty-four-month period.

(2) The city film monitor may condition the issuance of a city film permit by imposing reasonable requirements concerning the time, place and/or manner of film or photography activity. The applicant shall comply with any conditions or restrictions the city film monitor may impose as a condition to issuing a city film permit.

(3) The decision of the city film monitor to issue, conditionally issue or not issue a city film permit shall be final unless appealed pursuant to Section 5.36.080.C.

C. Cost of Additional Services. If deemed necessary by the city film monitor, additional police, code enforcement, fire, and other city services shall be provided for the purpose of protecting, assisting and regulating the proposed activity. The cost of providing such additional services shall be paid in advance to the city by the applicant for a city film permit. Additional city services will be provided and coordinated through the city film monitor.

D. City Film Permit Cancelation. Scheduled film or photography activity may be canceled upon written notice to the city film monitor. If notice of cancelation is provided the applicant will be charged for the hours of city employee time at the applicable rate for the scheduled employee.

(Ord. No. 1308, § 1, 6-8-10; Ord. No. 1459, § 2(Att. A), 7-26-22)

A. Non-commercial Area Standards.

(1) Total. Each property is limited to sixty days of film or photography activity per year and ten days of film or photography activity per month.

(2) Frequency. There must be at least fourteen days between any two productions or between any production and any temporary use permitted pursuant to Chapter 17.88 of this code.

(3) Timing. Film or photography activities are limited to the hours of seven a.m. through ten p.m. Monday through Saturday.

(4) Noise. All noise shall be subject to Section 9.32.030 of this code.

(5) Parking. All parking shall be subject to Chapter 10.24 of this code. The request for no parking signs must be included in the application and, if approved, must be posted no later than seventy-two hours before the commencement of the requested no parking time.

(6) Street Closure. A traffic study shall be prepared and submitted with the application for any street closures.

(7) Lighting. Lighting shall be hooded and directed downward to reflect away from adjoining properties.

(8) Property Owner or Tenant Approval. Applicants must secure the approval of the owner and tenant of the property where the proposed film or photography activity will take place.

(9) Notice. Notice must be provided to every residential address within a three-hundred-foot radius of the property for film or photography activity.

(10) Variance. Any variance from these standards may be approved in writing by at least seventy-five percent of owners or tenants within a three-hundred-foot radius of the property for film or photography activities.

B. Commercial Area Standards.

(1) Total. There is no limitation on the number of days of film or photography activity per year per property.

(2) Frequency. There is no limit on the number of days between productions.

(3) Timing. Film or photography activities are permitted twenty-four hours per day, seven days per week.

(4) Noise. All noise shall be subject to Section 9.32.040.

(5) Parking. All parking shall be subject to Chapter 10.24 of this code. The request for no parking signs must be included in the application and, if approved, must be posted no later than seventy-two hours before the commencement of the requested no parking time.

(6) Street Closure. A traffic study shall be prepared and submitted with the application for any street closures.

(7) Lighting. Lighting shall be hooded and directed downward to reflect away from adjoining properties.

(8) Property Owner or Tenant Approval. Applicants must secure the approval of:

(a) Fifty-one percent of property owners or tenants within a three-hundred-foot radius of the property for film or photography activities between the hours of seven a.m. through eleven p.m.

(b) Seventy-five percent of property owners or tenants within a three-hundred-foot radius of the property for film or photography activities between the hours of seven a.m. through eleven p.m. if film or photography activities involves street closures.

(9) The approval of property owners or tenants is not required for film or photography activities occurring between the hours of eleven p.m. through seven a.m.

(10) Notice. Notice must be provided to every residential address within a three-hundred-foot radius of the property for film or photography activity.

(11) Variance. Any variance from these standards may be approved in writing by at least seventy-five percent of owners or tenants within a three-hundred-foot radius of the property for film or photography activities.

(Ord. No. 1459, § 2(Att. A), 7-26-22; Ord. No. 1471, § 3, 9-10-24)

A. A city film permit may be revoked in writing by the city film monitor for the following reasons:

(1) Misrepresentation of production parameters or special effects on the permit application.

(2) Any violations of the Sierra Madre Municipal Code, state or federal law, and/or this section.

(3) Any violation of the conditions imposed on the city film permit.

B. The Sierra Madre police and fire departments are authorized to suspend the following film or photography activity:

(1) Unpermitted film or photography activity.

(2) Permitted film or photography activity that violates federal, state, or local law, including the Sierra Madre Municipal Code.

(3) Permitted film or photography activity that interferes with the provision of emergency services or city business.

If either the Sierra Madre police and/or fire departments suspend film or photography activity, such suspension shall be reported to the city film monitor who may revoke the permittee's city film permit under this section.

C. The decision of the city film monitor to revoke a city film permit shall be final unless appealed pursuant to Section 5.36.080.

(Ord. No. 1308, § 1, 6-8-10; Ord. No. 1459, § 2(Att. A), 7-26-22)

The decision of the city film monitor to issue, conditionally issue, not issue or revoke a city film permit may be appealed by any impacted property owner within the non-commercial or commercial area or by the applicant in writing within five days of the decision or post-marked date of the notice informing residents of the decision, whichever is later. The appeal must include copies of all pertinent material necessary to support the appellant's position. The city manager shall hear all appeals and any actions of the city manager shall be final. Such written request for an appeal shall be accompanied by a fee, as established by city council resolution.

(Ord. No. 1308, § 1, 6-8-10; Ord. No. 1459, § 2(Att. A), 7-26-22; Ord. No. 1471, § 4, 9-10-24)

The city film monitor is hereby authorized and directed to promulgate rules and regulations governing the time, place and manner of any film or photography activity within the city.

(Ord. No. 1308, § 1, 6-8-10; Ord. No. 1459, § 2(Att. A), 7-26-22)

A. All fees, costs and charges associated with the issuance of a city film permit or associated with the regulation and enforcement of this chapter and the rules and regulations for film or photography activity shall be set forth in a schedule of fees, costs and charges adopted by city council resolution.

B. Charitable films and student films will be subject to a discounted permit fee as they are not commercial in nature, but still impose a burden upon the community and city staff.

(Ord. No. 1308, § 1, 6-8-10; Ord. No. 1459, § 2(Att. A), 7-26-22)

A. At the discretion of the city film monitor, a certificate of insurance for general liability and automobile insurance shall accompany the application for a city film permit. Such insurance shall be in an amount not less than one million dollars naming the city of Sierra Madre, its officers, employees, agents and volunteers as additional insured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage and to indemnify the city for damage to city property arising out of the applicant's film or photography activity. The certificate shall not be subject to cancellation or modification until after thirty days' written notice to the city. Such insurance shall be issued by a company permitted to do business in the state of California with an AM Best's rating of at least VIII-12. Such insurance shall be evidenced by the standard General Liability Special Endorsement Form mandated by the California Film Commission which will remain on file with the city's risk manager.

B. An applicant shall conform to all applicable state requirements for worker's compensation insurance for all persons operating under a city film permit.

(Ord. No. 1308, § 1, 6-8-10; Ord. No. 1459, § 2(Att. A), 7-26-22)

The applicant must submit with an application for a city film permit an indemnification agreement, on a form approved by the city attorney, in which the applicant agrees to defend, indemnify and hold harmless the city, its officers, agents, employees and volunteers from all claims and liability arising from or in connection with the film or photography activity and the issuance of the city film permit

(Ord. No. 1308, § 1, 6-8-10; Ord. No. 1459, § 2(Att. A), 7-26-22)

Notwithstanding any other penalty provided by this code or otherwise by law, any person who violates this chapter shall be guilty of a misdemeanor and in addition, the city may enforce the violation by means of a civil enforcement process through a restraining order, a preliminary or permanent injunction, or by any other means available by law.

(Ord. No. 1308, § 1, 6-8-10)