Loading...
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 - - )
A. Each application shall be accompanied by a nonrefundable application and investigation fee payable to the city which shall be set by resolution of the City Council; provided, however, that no fee shall be required of applicants filming or video taping for motion picture or television production for charitable purposes, as defined in § 5.224.050.C.
B. In the event that weather conditions or other circumstances beyond the control of the permittee require that the date(s) or time(s) of the proposed filming or taping need to be altered, no additional application and investigation fee shall be required because of such alteration of the date(s) or time(s) so long as the City Clerk is given at least one (1) business day notice of the alteration, but an additional fee will be charged if minor changes, additions, deletions and extensions to the original filming permit are requested which are not beyond the control of the permittee. Said additional fee shall be set by resolution of the City Council. A minor change, addition, deletion, or extension to the original filming permit request must be filed with the City Clerk. Only one (1) such request per permit will be allowed.
C. If the City Manager determines that any potential danger to the public's health, safety, or general welfare, or property would be eliminated by the presence of police or fire protection at the site of the filming or video taping for motion picture or television production, the City Manager may grant the film permit upon condition that the permittee pay in advance to the city the costs of such police or fire protection as may be required.
D. For filming permits which necessitate the city to provide services to the permittee in addition to police or fire protection, service charges shall be imposed. Such charges will be determined by the applicable servicing city department(s) and shall be based on the actual cost incurred by the city in providing such services. Such service charges shall include, but shall not be limited to, charges for labor, supervision, overhead, administration and the use of any and all city equipment, supplies, and the like. Additional charges may be imposed to cover the cost of extraordinary film permit investigation and/or staff costs, if the City Manager feels this is necessary.
E. In addition to the fee(s) required herein, a business license tax (whatever the current rate may be) shall also be required and shall be payable to the city.
('61 Code, § 13C.7) (Ord. 839, passed - - )
Before granting any film permit pursuant to this chapter, the City Manager shall determine that such filming or video taping for motion picture or television production will not unreasonably interfere with the public health, safety and general welfare or unreasonably endanger any property. In making this determination, the City Manager shall take into consideration the noise, traffic hazards, fire hazards and other environmental problems, including health and safety which are likely to be caused by such activities. In granting the permit, the City Manager may further impose any reasonable conditions as are necessary to protect the public health, safety, and general welfare or property.
('61 Code, § 13C.8) (Ord. 839, passed - - )
A. Any applicant aggrieved by any decision of the City Manager with respect to a film permit may appeal such decision to the City Council within ten (10) days following notice of such decision.
B. A written request for such appeal shall be filed with the City Clerk and all such requests shall contain the following information:
1. The name and address of the applicant;
2. The date of the decision in question;
3. The reasons for the appeal; and
4. The grounds relied upon for relief.
C. The appeal request shall be accompanied by a non-refundable appeal fee in an amount to be set by resolution by the City Council. Upon receipt of the appeal request, the City Clerk shall set the matter for hearing at a regular meeting of the City Council no later than thirty (30) days following the date the appeal request was filed. Notice of the time and place of the hearing shall be mailed to the applicant, by certified mail, no later than ten (10) days prior to the date set for hearing. Said notice may also designate certain records that the applicant is required to produce at the time of the hearing.
D. At the hearing as prescribed by this section, the applicant and the city may submit any and all evidence as they believe to be relevant. The City Council may require the presentation of additional evidence from either the applicant or the city, or from both, and may continue the hearing from time to time for the purpose of allowing the presentation of additional evidence. Upon conclusion of the hearing, the City Council may, by resolution with findings, approve, reverse, or modify the decision of the City Manager and any such decision of the City Council shall be final.
('61 Code, § 13C.9) (Ord. 839, passed - - )
Loading...