Stanton Municipal Code Ch. 5.52 Filming Activities

As used in this chapter:

"Charitable films"

means commercial motion pictures, videos, television shows or programs, commercials, or other photography for commercial use by any photographic means 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.

"Filming"

means and includes all activity attendant to staffing or shooting commercial motion pictures, videos, television shows or programs, videos, commercials, or other photography for commercial use by any photographic means.

"Film liaison"

means the city manager or his/her designee.

"News media"

means filming for the purpose of spontaneous, unplanned news broadcast by reporters, photographers or camera operators.

(Ord. 781 § 2, 1996)

A. The purpose of this chapter is to establish special regulations for the review of filming in the city. Filming permitted subject to a file permit must be located, planned and used in such a manner as not to be detrimental to the property abutting such uses and to the community as a whole. In considering a film permit, the film liaison shall determine whether filming is a suitable use within the area, and if a permit is to be issued, shall require the safeguards necessary to protect the health, safety, morals and general welfare.

B. Property in any zoning district, unless otherwise specified in this title, may be used as a location for filming, subject to approval of a film permit pursuant to this chapter.

(Ord. 781 § 2, 1996)

No person shall use any property in the city for the purpose of filming without first applying for an and receiving a film permit from the film liaison.

(Ord. 781 § 2, 1996)

The provisions of this chapter shall not apply to or be construed to affect (A) the news media; (B) filming solely for private, family use; or (C) filming performed by law enforcement personnel, fire personnel or those in the employ of the city or under contract with the city to perform city-related activities.

(Ord. 781 § 2, 1996)

A. An applicant shall be required to submit a completed film permit application at least three city hall business days prior to the date on which such person desires to conduct an activity for which a film permit is required. If such activity interferes with traffic or involves potential public safety hazards, an application may be required at least ten city hall business days in advance.

B. Each such application must include:

1. A map showing the property on which the filming is proposed to be conducted, adjoining properties and public streets and rights-of-way within a radius of three hundred feet of the exterior boundaries of the property on which the filming is proposed to be conducted, and the specific location on the property where filming activity will be taking place;

2. A schedule indicating the dates and hours that filming will take place;

3. A general statement of the character or nature of the proposed filming;

4. The name, address and telephone number of the person or persons in charge of such filming activity;

5. The exact number of personnel to be involved;

6. Use of any animals or pyrotechnics;

7. The approximate amount/type of vehicle/equipment to be involved in the filming;

8. A map showing the parking plan for vehicles used by employees, contractors, subcontractors, or others related to the filming;

9. Written verification from the owner of the property on which the filming will take place or which is used to park vehicles as indicated on the parking plan granting permission to use the property for filming and/or parking;

10. Such additional information as the film liaison may reasonably require.

C. The film liaison may refer the application for review as provided in Section 5.52.080.

D. The film liaison shall charge and collect a nonrefundable film permit fee prior to the review of each application, in an amount established by city council resolution. Applicants producing charitable films are exempt from the film permit fee.

E. After reviewing each application, the film liaison shall charge and collect a location fee, in an amount established by city council resolution. Applicants producing charitable films are exempt from the location fee.

F. Notwithstanding any other provisions of this chapter, any film permittee for filming (including filming charitable films) shall reimburse the city for all costs incurred by city, including but not limited to personnel or equipment provided to the applicant for the purpose of assisting or providing security or protection to the applicant for activities conducted under the film permit. The amount of reimbursement shall be determined by the film liaison.

G. A separate film permit may be required by the fire authority. All fees required under a fire authority permit will be collected by the fire authority.

H. The application for a film permit does not authorize conducting filming until such time as the film permit has been granted.

(Ord. 781 § 2, 1996)

A film permit shall be effective as of the date of its approval and for the period of time specified on the film permit. The film permit shall lapse if not used within the approved time period. The film period may be extended at the sole discretion of the film liaison.

(Ord. 781 § 2, 1996)

A. Upon twenty-four hours notice by the applicant, the film liaison shall have the authority, upon a showing of good cause, to change the date for which the film permit has been issued.

B. The film liaison is authorized and directed to promulgate rules and regulations governing the form, time and location of any film activity set forth within the city. He/she shall also provide for the issuance of film permits. The rules and regulations shall be based upon the following criteria:

1. The health and safety of persons;

2. Avoidance of undue disruption of all persons within the affected area;

3. The safety of property within the city;

4. Traffic congestion at particular locations within the city.

(Ord. 781 § 2, 1996)

Any applicant granted a film permit pursuant to this chapter shall comply with all of the following conditions:

A. Filming, including setup and dismantling of film activity, shall not disturb the public. Film liaison may restrict the hours of filming if the film liaison determines that filming will disturb the public.

B. No gunfire, explosions, sirens, fires, fireworks, public address systems, amplified music, bull horns or other noisecreating devices shall be used without prior written consent from the film liaison and the fire authority.

C. Filming may require a separate permit by the fire authority. The cost for such services shall be borne by the applicant and paid in advance as evidenced by a written receipt issued by the fire authority.

D. No film permits shall be issued for property upon which there are outstanding uncorrected violations of the Uniform Fire Code or building codes as enacted by this city.

E. The permittee shall conduct operations in an orderly fashion with continuous attention to the storage of equipment not in use and the cleanup of trash and debris. The area used shall be cleaned of trash and debris upon completion of shooting at the scene and restored to the original condition before leaving the site.

F. An applicant is required to obtain the property owner's written permission, consent, and/or lease for use of property not owned or controlled by the city.

G. If the applicant must park equipment, trucks, and/or cars in areas where parking is not normally allowed, temporary parking signage must be posted by the city in the manner set forth in the vehicle code. The applicant must also obtain the authority from the film liaison to string cable across sidewalks, roadways, or other public property, including any cable from a generator to a service point.

H. For filming that would impair traffic flow, an applicant must use city law enforcement personnel and comply with all traffic control requirements deemed necessary by the city. The cost for such services shall be borne by the applicant and paid in advance as set forth in Section 5.52.050E.

1. An applicant shall furnish and install advance warnings signs and any other traffic control devices in conformance with the Manual of Traffic Controls, state of California, Department of Transportation, as deemed necessary by the city traffic engineer. All appropriate safety precautions must be taken.

2. If approved by the film liaison and the appropriate departmental representative, traffic may be restricted to one twelve-foot lane of traffic and/or stopped intermittently. The period of time that traffic may be restricted will be determined by the film liaison based on location.

3. Traffic shall not be detoured onto opposing traffic lanes without prior approval of the film liaison and the appropriate departmental representative.

4. Unless otherwise authorized by the film liaison and the appropriate departmental representative, the camera car must be driven in the direction of traffic and must observe all traffic laws.

5. Any emergency road work or construction by city crews and/or private contractors, under contract to the city, shall have priority over filming activities.

6. Attendance during setup and filming by law enforcement, fire personnel, city staff, or other personnel deemed necessary by the film liaison may be required. The cost for such services shall be borne by the applicant and paid in advance as set forth in Section 5.52.050E.

I. No relocation, alteration or moving of city-owned structures or property will be permitted without prior approval.

(Ord. 781 § 2, 1996)

A. An applicant/permittee shall conform to all applicable federal and state requirements for Workers' Compensation Insurance for all persons working under a film permit.

B. An applicant may be required to post a refundable performance deposit bond in an amount to be determined by the film liaison at the time application is submitted. Upon completion of filming and inspection of the site by the city, the deposit or bond may be returned to the applicant.

C. The applicant shall maintain liability insurance in the amount of one million dollars naming the city and the Stanton redevelopment agency as additional insureds.

(Ord. 781 § 2, 1996)

Changes in the terms or conditions of a film permit may be required at any time while the film permit is in effect at the sole discretion of the film liaison if such changes are needed to ensure that the filming may continue to operate consistent with the required findings.

(Ord. 781 § 2, 1996)

A film permit may be revoked by the film liaison effective immediately for violation of any of the terms of the film permit.

(Ord. 781 § 2, 1996)