Chapter 5.60 — FILMING

This chapter shall be known as the "Motion Picture, Television, Commercial, Digital Media, and Still Photography Production Ordinance" or the "Filming Ordinance." (Prior code § 5.65(a); Ord. 1272 § 1, 2021)

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

"Charitable films" means 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.

"City-produced projects" means a motion picture, television, commercial, digital media or still photography production produced by or in association with the City.

"Filming permit" means a permit issued by the City Administrator or designee pursuant to this chapter that authorizes motion picture, television, commercial digital media, or still photography production or film production within the City in accordance with the terms of the permit and this chapter.

"Motion picture, television, commercial, digital media or still photography production or film production" means all activity attendant to staging, making, filming, or videotaping commercial motion pictures, television shows, commercials, digital media and/or still photography.

"News media filming" means photographing, filming or videotaping of current breaking news, which includes reporters, photographers or camera operators in the employment of a newspaper, news service, broadcasting station or similar entity engaged in the broadcasting of news events.

"Private filming" means photographing, filming or videotaping solely for non-commercial use.

"Student filming" means photographing, filming or videotaping produced to satisfy a course or curriculum requirement at an educational institution. In order to qualify as student filming, the student filmmaker must supply evidence he or she is currently enrolled in an educational institution upon request by a City employee or official.

"Studio" means a fixed place of business certified as such by local fire authority having jurisdiction where filming activities (motion or still photography) are regularly conducted upon the premises.

(Prior code § 5.65(b))

The City Administrator or designee is authorized and directed to promulgate rules and regulations governing the form, time and location of any film production within the City, to be approved by the City Council. The City Administrator shall also set forth the procedures for the issuance of film permits. The rules and regulations shall be incorporated into the City's filming permit requirements.

(Prior code § 5.65(c))

• A. No person shall use any public right-of-way, or public or private property, building, facility or residence for motion picture, television, commercial, digital media or still photography production without a permit issued pursuant to the provisions of this chapter.

• B. Permit Exemptions. The provisions of this chapter shall not apply to the following:

  1. News media filming;

  2. City-produced projects, provided that any person working in conjunction with the City on a City-produced project must obtain a letter identifying that it is a Cityproduced project;

  3. Private filming; and

  4. Studio filming.

• C. Application.

  1. Any person desiring a permit under the provisions of this section must complete and submit a filming permit application to the City Administrator or designee.

  2. The application shall include the following information:

     • a. Specific location including address and place;

     • b. Inclusive hours and dates of activity;

     • c. General statement of nature of filming activity;

     • d. Name, address, email address and telephone number of the person or persons in charge of activity;

     • e. Exact number of personnel involved;

     • f. Activity which may cause public alarm such as the use of any animals, gunfire or pyrotechnics and helicopter activity; and

     • g. Exact amount/type of vehicles/equipment and parking/traffic plan.

• D. Issuance. The City Administrator or designee shall issue a filming permit when, after considering the application and such other information as may be otherwise obtained, the City Administrator finds that:

  1. The conduct of such activity will not unduly interfere with traffic or pedestrian movement or endanger public safety.

  2. The conduct of such activity will not unduly interfere with normal governmental or City operations, threaten to result in damage or detriment to private or public property, or result in the City incurring costs or expenditures in either money or personnel not reimbursed in advance by the applicant.

  3. The conduct of such activity will not constitute a fire hazard or any other type of hazard and all proper safety precautions will be taken.

• E. Permit Fees. The City of Vernon may adopt a resolution establishing fees for filming activities.

(Prior code § 5.65(d)—(h))

Prior to issuance of a permit, the following insurance requirements must be provided:

• A. General liability insurance with a minimum of $1,000,000.00 per occurrence and $2,000,000.00 aggregate naming the City as a coinsured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage. The City directors, commissioners, officers, employees, agents, and volunteers must be endorsed on the policy as additional insured. The certificate shall not be subject to cancellation or modification until after 30 days' written notice to the City/County. A copy of the certificate shall remain on file.

• B. Workers' Compensation Insurance. An applicant shall conform to all applicable Federal and State requirements for Workers' Compensation Insurance for all persons operating under a permit. Secure and maintain in force a policy with a minimum limit of $1,000,000.00 per accident. The policy shall be endorsed to waive all rights of subrogation against City directors, commissioners, officers, employees, agents, and volunteers must be endorsed on the policy as additional insured.

• C. Automobile Liability Insurance. A certificate of insurance will be required with minimum limit of $1,000,000.00 combined single limit, including owned, hired, and non-owned liability coverage. The policy shall name the City as a coinsured for protection against claims of third persons for personnel injuries wrongful deaths, and property damage. The City directors, commissioners, officers, employees, agents, and volunteers must be endorsed on the policy as additional insured.

• (Prior code § 5.65(i))