Section
5.224.010 Purpose
5.224.020 Definitions
5.224.030 Permit required
5.224.040 Exemptions
5.224.050 Application form
5.224.060 Time for filing applications
5.224.070 Fees
5.224.080 Determination by City Manager
5.224.090 Appeal to City Council
5.224.100 Public facilities
5.224.110 Clean up
5.224.120 Traffic control
5.224.130 Special restrictions
5.224.140 Insurance and indemnity
5.224.150 Suspension
5.224.160 Revocation
5.224.170 Violation as a nuisance
The purpose of this chapter is to provide rules and regulations governing the issuance of permits for filming, video taping or any related activity on location within the city, to assure that such activity is consistent with considerations of the public health, safety, and general welfare and the protection of property. The requirements provided in this chapter shall be separate and in addition to those provisions of this code regarding business regulation and licensing. Any and all fees provided in this chapter are intended to cover the cost of investigation and processing permits for filming, as specified herein, and shall be in addition to all other applicable licenses and/or permits provided in this code.
('61 Code, § 13C.1) (Ord. 839, passed - - )
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHARITABLE PURPOSES. Filming or video taping for a motion picture or television production conducted by an organization in which no individual either directly or indirectly receives a profit from the production, marketing or showing of the films or tapes.
CITY. The city of Brea, a municipal corporation formed and operating pursuant to the laws of the state.
CITY CLERK. The City Clerk of the city.
CITY COUNCIL. The City Council of the city.
CITY MANAGER. The City Manager of the city, or his or her designee.
FILM OR FILMING. Feature motion pictures, video tapes, television, motion pictures, and commercials.
NEWS PURPOSES. Filming or video taping for television news broadcasting by reporters, photographers or camera persons in the employ of a newspaper, news service, or similar entity, of new events concerning those persons, scenes, or occurrences which are in the news and of general public interest. The filming or video taping of such shall be for regularly scheduled news programs (but not magazine or documentary programs) and special news programs which are not preplanned and are broadcast within twenty-four (24) hours after the event.
PERMITTEE. Any person, firm, corporation, or group or combination acting as a unit to whom or which a film permit is granted by the city under the provisions of this chapter.
PERSON. Any individual, firm, corporation, association, or group or combination acting as a unit.
PRODUCTION. The activity of making a film for commercial or noncommercial purposes on property owned by the city or on private property within the jurisdiction of the city.
('61 Code, § 13C.2) (Ord. 839, passed - - )
Except as otherwise provided, it shall be unlawful for any person to engage in the business or activity of filming, video taping or producing motion pictures on motion picture film or electronic video tape for public exhibition as motion pictures or for television, at any place within the city, other than at or in an established motion picture or television studio or entirely within an enclosed structure or building, with no outside storage of filming equipment, without a film permit from the City Clerk. Any person interested in filming within the city shall complete in full a film permit application as stated in this chapter and provide to city all the information requested in § 5.224.050.
('61 Code, § 13C.3) (Ord. 839, passed - - )
The provisions of this chapter shall not apply to:
A. The filming or video taping of motion pictures solely for private or family use;
B. The filming or video taping of motion pictures for use in a criminal investigation, civil proceeding, and emergencies such as fires, floods, police actions, and the like;
C. The filming or video taping of motion pictures for news purposes (but not magazine or documentary programs);
D. Education, government, and public access and local origination programs for cable television systems franchised within the city;
E. The filming or video taping of motion pictures by the city itself (e.g. video taping of sewer lines and media-services programming); and
F. Any other activity as deemed in the public interest by the City Manager.
('61 Code, § 13C.4) (Ord. 839, passed - - )
The City Clerk shall furnish application for such film permit. Such application form(s) shall request the following information:
A. Name, permanent street address, and telephone of the applicant;
B. If the applicant is a corporation, the name, principal address and telephone of the applicant shall be as shown in the most recent statement of corporation on file with the applicable Secretary of State;
C. If the filming or video taping for motion picture or television production is conducted by a nonprofit organization which qualifies under § 501(c)(3) of the Internal Revenue Code or Cal. Rev. & Tax. Code § 23701 as a charitable organization, and no person, directly or indirectly, receives a profit from the marketing and production of film or from showing the film, tapes, or photos, the applicant must state this on the application form;
D. Name, address, and telephone number of the person in charge of the location and responsible for its conduct;
E. The name, address, and twenty-four (24) hour phone number of at least two (2) persons to be contacted in the event of emergency conditions which might alter the conditions of the film permit;
F. Name of film/project;
G. Location(s), date(s), time(s) and activity of the proposed filming or taping. If the proposed filming or taping involves the use of private property, the full name and address of the property owner where the filming/taping is to take place and a signed affidavit from the property owner granting permission for the proposed use of the property in question shall be provided to the City Clerk;
H. Approximate number of individuals in cast and crew;
I. List of types and number of vehicles and other equipment;
J. Statement if overnight parking and locations are needed;
K. Requests for special assistance at the location, including, but not limited to street closure, traffic control, and emergency services;
L. Special conditions or requests by the applicant;
M. Dated signature of applicant;
N. If the applicant is a corporation, the application shall be signed by two (2) principal officers of the corporation; and
O. In addition to the provisions of this chapter, any applicant whom or which will engage in any activity which requires compliance with any federal, state or local regulations, including additional licenses or permits, shall present evidence of satisfactory compliance with such regulations.
('61 Code, § 13C.5) (Ord. 839, passed - - )
Loading...