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The declared purpose of this chapter is the regulation of filming and videotaping, including activities associated therewith, by enterprises or individuals in the film or videotape industry which come to the City of Anaheim on a temporary or short term basis. (Ord. 5510 § 1 (part); August 8, 1995.)
Whenever in this chapter the following words are used, they shall have the following meaning or definitions:
"Motion picture, television photography" shall mean and include all activity attendant to staging or shooting commercial motion pictures, television shows or programs, and commercials.
"Student films" shall mean motion picture film or videotape productions by a student of a public or private school or college where the production is for school or college credit and from which no profit is taken.
"Charitable films" shall mean commercials, motion pictures, television, videotapes, or 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.
"News media" shall mean the filming or videotaping for the purpose of spontaneous, unplanned television news broadcast by reporters, photographers or cameramen. (Ord. 5510 § 1 (part); August 8, 1995.)
No person shall use any public or private property, facility or residence within the City of Anaheim for the purposes of taking commercial motion pictures or television photography without first applying for and receiving a film permit from the City of Anaheim as provided in this chapter. (Ord. 5510 § 1 (part); August 8, 1995.)
The provisions of this chapter shall not apply to:
.010 News Media. Reporters, photographers or cameramen in the employ of a newspaper, news service, or similar entity engaged in on-the-spot broadcasting of news events concerning those persons, scenes or occurrences which are in the news and of general public interest.
.020 The filming or videotaping of motion pictures solely for private noncommercial use.
.030 The filming or videotaping of motion pictures and activities associated therewith which occurs upon property which is owned or leased for more than six months by the enterprise or individual conducting the filming or videotaping and none of such activities are open to view by the general public.
.040 Filming, videotaping or photographing which occurs on the premises, including the parking lot, of Anaheim Stadium pursuant to any agreements relating to use of the Stadium or its premises. (Ord. 5510 § 1 (part); August 8, 1995.)
.010 The Director of Public Works, or his designee, (herein the "Director") is hereby authorized and directed to promulgate rules and regulations, governing the form, time, and location of any film activity set forth within the City of Anaheim. These rules and regulations shall be on file in the City Clerk's office for review by the public. The Director shall also provide for the issuance of film permits pursuant to this chapter. The rules and regulations, and decisions concerning the issuance of any film permit and/or conditions imposed thereon, shall consider the following factors:
1. The health and safety of the public;
2. Disruption of activities of businesses or persons within the affected area;
3. The safety of property within the City; and
4. Traffic congestion at particular locations within the City.
.020 The Director of Public Works or his designee is hereby authorized to approve deviations from the said rules and regulations and approve changes in the effective dates of the permit when such deviation or changes are in the best interests of the City of Anaheim. (Ord. 5510 § 1 (part); August 8, 1995.)
.010 Issuing Authority. The Director of Public Works, or his designee, shall have the authority to issue permits required by this chapter. Such permits may be issued subject to conditions of approval imposed thereon. A permit shall be issued, or issued subject to conditions, unless it is determined that the activity contemplated in the permit will adversely affect City operations, City businesses or residents, City personnel resources, or such activity has the potential to damage public or private property. Decisions concerning the issuance of permits and/or conditions to be imposed thereon shall further consider the factors set forth in Section 4.03.050 of this chapter.
.020 Applications. Prior to considering issuance of any film permit pursuant to this chapter, an application form must be submitted to the City of Anaheim. The application shall be filed with the Director of Public Works at least ten business days prior to the date the permit is to become effective. The following information shall be included in the application:
a. The name, address, and telephone number (and facsimile transmission number, if any) of the applicant or duly authorized representative, and, if available, of the director, first assistant director, unit production manager, and location manager.
b. The name and address of the individual or production company to whom the permit is to be issued.
c. The type of the production or project.
d. The date(s), time(s), and location(s) (including preparation and striking days).
e. A brief description of the proposed filming activity, including any other activity which would affect the use of public facilities in the area.
f. An estimate of the number of individuals in cast and crew.
g. An estimate of the types and number of vehicles.
h. If an applicant intends to use either wild animals, chemicals, explosives or fire, or intends to engage in any other hazardous activity, a statement to that effect and describing such activities with specificity. (Ord. 5510 § 1 (part); August 8, 1995.)
Except for business license fees, applicable Fire Department permit fees and applicable Police Department fees set forth in the Anaheim Municipal Code or by resolution of the City Council, no other applicable licenses, permits or fees shall be required for issuance of a film permit except as expressly hereinafter set forth in this chapter.
.010 The permittee shall pay the City of Anaheim for costs of services of any personnel, use of property, or equipment including but not limited to police, fire and traffic control needed to facilitate any activity associated with the permit. Any such costs shall be deemed conditions to the permit and shall be paid to the City prior to the date such costs will be incurred by the City. (Ord. 5510 § 1 (part); August 8, 1995.)
The requirements of this section are applicable whenever permittee's operations will utilize or impact City facilities or property as determined by the City.
.010 Liability Insurance; Indemnity and Faithful Performance Bond. Before a permit is issued a certificate of insurance will be required to be submitted evidencing insurance in an amount not less than one million dollars per occurrence written on an occurrence form for comprehensive or commercial general liability and one million dollars per occurrence for automobile liability. In the event the use of pyrotechnics or any other unusual activity is contemplated, the permittee will be required to submit evidence of insurance which will cover said use or activity in an amount and form acceptable to the Risk Manager. Specifically as to pyrotechnics, the amount of liability coverage shall at the minimum meet the limits required by State law and evidence of this insurance will additionally be reviewed by the Fire Department. An endorsement to said liability policies shall be submitted naming the City of Anaheim, its officers, employees, agents, representatives and volunteers as additional insureds. The Risk Manager is authorized to reduce the insurance requirements above if it is deemed to be in the best interests of the City of Anaheim.
.020 Hold Harmless and Indemnity Agreement. An applicant shall execute a hold harmless and indemnity agreement as provided by the City of Anaheim prior to the issuance of a permit under this chapter.
.030 Faithful Performance Bond. To ensure cleanup and restoration of the site, an applicant may be required to post a refundable cash deposit or faithful performance bond (amount to be determined by the Director) upon submittal of the application. Upon completion of filming, cleanup and restoration of the site by the permittee, and inspection of the site by the City of Anaheim, the bond shall be returned to the applicant. (Ord. 5510 § 1 (part); August 8, 1995.)
The Director of Public Works or his designee shall endeavor to act on the application within three business days after filing thereof and shall at such time mail and/or transmit by facsimile transmission to the applicant a notice of his action. If the application is disapproved, said notice shall state the reasons for such disapproval. (Ord. 5510 § 1 (part); August 8, 1995.)
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