Yuba County Municipal Code Ch. 6.13 Commercial Filming Permits

Footnotes:

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State Law reference— Uniform Film Permit Act, Government Code § 14999.30 et seq.

The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

(1) Commercial motion picture and television means and includes all activity attendant to staging or shooting motion pictures, television shows or programs, video tapes, and commercials for other than private-family use, and shall not apply to news media activities.

(2) Charitable motion picture and television means commercials, motion pictures, television, or video tapes, 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 or tapes.

(3) News media means the filming or videotaping for the purpose of either planned or unplanned television news broadcast by reporters, photographers or cameramen as long as such filming or videotaping does not disrupt the public health or safety.

(4) Private-family use means and includes that use for a group of people related by blood or marriage and their invited guests in a private residence without fee.

(Prior Code, § 6.13.010; Ord. No. 968; Ord. No. 970)

(a) Permit required. Except as provided herein no person shall use any public or private property facility or residence for the purpose of taking commercial or charitable motion pictures or television pictures in the unincorporated area of the County of Yuba without first applying for and receiving a permit from the Treasurer-Tax Collector of Yuba County.

(b) Exemptions.

(1) Current news. The provisions of this Chapter shall not apply to or affect reporters, photographers, or camera operators in the employ of a newspaper, new service, or similar entity engaged in on-the-spot broadcasting of new events concerning those person, scenes, or occurrences which are in the news and of general public interest. This exemption shall apply to planned or unplanned new events as long as such filming or videotaping does not disrupt the public health and safety.

(2) The filming or videotaping of motion pictures solely for private-family use.

(3) Still photography. The provisions of this Chapter shall not apply to or affect still photography as long as such photography does not disrupt the public health and safety.

(Prior Code, § 6.13.020; Ord. No. 968; Ord. No. 970)

Upon the request of the applicant, the Treasurer-Tax Collector shall have the power, upon a showing of good cause, to change the date from which the permit has been issued provided established limitation are complied with in respect to time and location: "Good Cause" shall be liberally construed.

(Prior Code, § 6.13.030; Ord. No. 968)

The Treasurer-Tax Collector is hereby authorized and directed to promulgate rules and regulations, subject to approval by resolution of the Board of Supervisors, and to impose reasonable conditions on permits governing them from time and location of any activity set forth within the County. The rules, regulations and conditions shall be based upon the following criteria:

(1) The health, safety, and convenience of all persons; and

(2) Avoidance of undue disruption of all persons within the affected area; and

(3) The safety of public and private property within the County.

(Prior Code, § 6.13.040; Ord. No. 968)

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

(1) The name of the applicant/company;

(2) The name of the property owner, the address and telephone number of the place at which the activity is to be conducted;

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

(4) The inclusive hours and dates such activity will transpire;

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

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

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

(8) Use of any animals or pyrotechnics; and

(9) The exact amount and type of vehicles and equipment to be involved.

(b) No fees are required for such permits.

(Prior Code, § 6.13.050; Ord. No. 968)

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

(Prior Code, § 6.13.060; Ord. No. 968)

(a) Liability insurance. A certificate of insurance will be required in an amount established by the Risk Manager naming the County as a coinsured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage before a permit is issued. The County officers and employees shall be named as additional insureds. The certificate shall not be subject to cancellation or modification until after 30 days' written notice to the County. A copy of the certificate shall be filed prior to issuance of the permit.

(b) Worker's Compensation Insurance. An applicant shall conform to all applicable Federal and State requirements for Worker's Compensation Insurance for all persons operating under a permit.

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

(d) Faithful performance bond. To ensure cleanup and restoration of the site, an applicant may be required to post a refundable faithful performance bond (amount to be determined) at the time application is submitted. Upon completion of filming and inspection of the site by the County, the bond may be returned to the applicant.

(Prior Code, § 6.13.070; Ord. No. 968; Ord. No. 970)

If an applicant violates any provision of this Chapter or a permit issued pursuant thereto, the County may cancel the permit. Upon notice of such cancellation applicant shall immediately cease operation. In addition, violation of the Chapter is a misdemeanor.

(Prior Code, § 6.13.080; Ord. No. 968)

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.