Simi Valley Municipal Code Ch. 32 Location Filming

Footnotes:

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Editor's note— Ord. No. 1198, § 1, adopted September 10, 2012, repealed the former Chapter 5-32, §§ 5-32.01—5-32.107, and § 2 of Ord. No. 1198 enacted a new Chapter 5-32 as set out herein. The former Chapter 5-32 pertained to similar subject matter and derived from Ord. No. 724, eff. March 1, 1990 and Ord. No. 804, eff. November 11, 1993.

The purpose of this chapter is to provide for the issuance of location filming permits and the development of related rules and regulations. The development and application of such regulations is intended to ensure that location filming activities are consistent with considerations of public health and safety and the protection of property and to promote location filming within the City.

(§ 2 (Exh. A), Ord. No. 1198, eff. October 11, 2012)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) "Motion picture, television, still photography" shall mean and include all activity attendant to staging or shooting commercial motion pictures, television shows or programs, commercials, web productions, and student films produced to satisfy a post-secondary school course requirement at an educational institution in any medium including film, tape, or digital format.

(b) "Charitable films" shall mean commercials, motion pictures, television, videotapes, digital recording, 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.

(c) "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 camerapersons.

(d) "Studio" shall mean a fixed place of business certified as such by local land use authority having jurisdiction where filming activities "motion picture or still photography" are regularly conducted upon the premises.

(§ 2 (Exh. A), Ord. No. 1198, eff. October 11, 2012)

(a) Permit required. No person shall use any public or private property, facility, or residence for the purpose of taking motion pictures, television, or commercial still photography without first applying for and receiving a permit from the officer designated by the City.

(b) Exemptions.

(1) News media. The provisions of this chapter shall not apply to or affect reporters, photographers, or camerapersons in the employ of a newspaper, news service, or similar entity engaged in on-the-spot print media, publishing, or broadcasting of news events concerning those persons, scenes, or occurrences that are in the news and of general public interest.

(2) Personal/family video. The recording of visual images (motion or still photography) solely for private personal use, and not for commercial use.

(3) Studio filming. Filming activities (motion or still photography) conducted at a studio.

(4) Still photography for business advertisements. Still photography for the production of advertisements completed at the business being advertised, provided all filming activities take place on private property and result in no impairment of the public use of the public right-of-way or other public facilities.

(§ 2 (Exh. A), Ord. No. 1198, eff. October 11, 2012)

The City Manager is hereby authorized and directed to promulgate rules and regulations, subject to approval by resolution of the Council, governing the form, time, and location of any film activity set forth within the City. The City Manager shall also provide for the issuance of permits. The rules and regulations shall be based upon the following criteria:

(a) The health and safety of all persons;

(b) Mitigation of disruption to all persons within the affected area;

(c) The safety of property within the City; and

(d) Traffic congestion at particular locations within the City.

(§ 2 (Exh. A), Ord. No. 1198, eff. October 11, 2012)

(a) The issuing authority shall be the City Manager.

(b) The following information shall be included in the application:

(1) The representative of the property, the address, E-mail address, and telephone number of the place at which the activity is to be conducted;

(2) The specific location at such address or place;

(3) The inclusive hours and dates such activity will occur;

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

(5) The name, address, E-mail address, and telephone number of the person or persons in charge of such filming activity;

(6) The exact number of personnel to be involved;

(7) Activity that may cause public alarm such as the use of any animals, gunfire, pyrotechnics, or low flying helicopters; and

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

(c) The City may adopt a fee schedule for location filming permits.

(d) The production company shall reimburse the City for any personnel provided to the company (e.g. police, fire, traffic) for the purpose of assisting the production.

(e) Permit fees for charitable films and filming produced to satisfy a post-secondary school course requirement at an educational institution shall be waived. Reimbursements for City personnel shall not be waived pursuant to this subsection.

(f) Upon the request of the applicant, the City shall have the power, upon a showing of good cause, to change the date for which the permit has been issued, provided established limitations are complied with in respect to time and location.

(§ 2 (Exh. A), Ord. No. 1198, eff. October 11, 2012)

(a) Before a permit is issued, a certificate of insurance will be required in an amount not exceeding One Million and No/100ths ($1,000,000.00) Dollars naming the City as a coinsured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage. The City officers and employees shall be named as additional insured. The certificate shall not be subject to cancellation or modification until after thirty (30) days written notice to the City. A copy of the certificate shall remain on file.

(b) An applicant shall conform to all applicable Federal and State requirements for worker's compensation insurance for all persons operating under a permit.

(c) An applicant shall execute a hold harmless agreement as provided by the City prior to the issuance of a permit under this ordinance.

(d) To ensure cleanup and restoration of the site, an applicant may be required to submit a refundable deposit (amount to be determined by the City Manager). Upon completion of filming and inspection of the site by the City, if no verifiable damage has occurred, the security deposit should be returned to the applicant.

(§ 2 (Exh. A), Ord. No. 1198, eff. October 11, 2012)

If an applicant violates any provisions of this ordinance or a permit issued pursuant thereto, the City may provide the applicant with verbal or written notice of such violation. If the applicant fails to correct the violation, the City may revoke the permit, and all activity must cease. Any applicant who willfully refuses or fails to comply with the provisions of this chapter or any terms and conditions of any permit issued thereto shall be guilty of an infraction, and every violation shall be construed as a separate offense for each day or part of a day during which such violation continues.

(§ 2 (Exh. A), Ord. No. 1198, eff. October 11, 2012)