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A permittee shall conduct operations in an orderly fashion. The area used shall be cleaned of trash and debris upon completion and before leaving the site(s). A deposit to assure that a permittee removes all trash and debris from filming site(s) may be required. This requirement and the amount thereof shall be determined by the City Manager.
('61 Code, § 13C.11) (Ord. 839, passed - - )
For filming that would impair traffic flow, an applicant shall use city law enforcement personnel at the applicant's expense.
A. If required for traffic safety or as a condition of the film permit, an applicant shall furnish and install advance warning signs and any other traffic-control devices in conformance with the Manual of Traffic Controls, State of California, Department of Transportation. All appropriate safety precautions shall be taken.
B. All interruptions of normal pedestrian or vehicular traffic must be authorized on the permit. Police officers assigned to on-site supervision may further restrict operations based on safety concerns.
C. Traffic shall not be detoured without prior approval by the city.
D. Unless authorized by the city, camera cars shall be driven in the direction of traffic and shall observe all traffic laws.
E. Any emergency roadwork or construction by state or local government agencies and/or private contractors under permit or contract to the city shall have priority over filming activities.
('61 Code, § 13C.12) (Ord. 839, passed - - )
For the convenience of the general public, all activity by a permittee between the hours of 10:00 p.m. and 6:00 a.m. may be restricted. As a condition of film permit approval, all surrounding residents and/or businesses within a three hundred (300) foot radius of the filming activity may be required to be notified of date(s) and time(s) in which late evening and early morning filming is to take place.
('61 Code, § 13C.13) (Ord. 839, passed - - )
A. It shall be a condition of the issuance and continued validity of any film permit granted pursuant to this chapter that the permittee first obtain, pay for, and maintain a policy of general liability insurance approved as to form by the City Attorney which shall insure the city, its officers, and employees against any liability, or claims of liability, brought or made by or on behalf of any person for personal injury or property damage caused by or arising out of any negligent act or omission of either the permittee, his or her agents or employees, including any officers or employees of the city, or caused by or arising out of the condition of any city-owned or controlled property, whether real or personal, and occurring during the period and as a result of the activities for which such film permit was issued. The amount of coverage to be provided by such policy shall be determined by the City Manager. The permittee may satisfy the requirement imposed by this section through the presentation of a certificate of insurance, for at least the required amount of coverage, which indicates that, by endorsement thereto, the city, its officers, and employees have been added as additional insureds. Such certificates shall additionally provide that the required insurance will not be modified, changed, or terminated unless a written notice thereof has been transmitted to the City Clerk.
B. A bond/cash deposit may also be required for purposes of repairing any damage and restoring the city's facilities to their original condition. The amount shall be determined by the City Manager. In the event of such damage, the city shall provide written notice to the permittee specifying the damage to be repaired and/or city facilities to be restored within seven (7) days of receipt of said notice. If, after providing permittee with such written notice, the requested repairs and/or restoration of city facilities have not been commenced or completed, the city may draw upon the bond/cash deposit to effect said repairs and/or restoration of city facilities. In the event of damage requiring emergency repairs and/or restoration of city facilities by the city, the permittee shall be required to reimburse the city in full for all costs incurred within thirty (30) days receipt of invoice from city.
C. It shall be a condition of the issuance of any film permit granted pursuant to this chapter that the permittee shall agree to defend and to hold the city, its officers and employees harmless, from any and all claims and liability of any kind whatsoever resulting from or arising out of the issuance of such film permit.
('61 Code, § 13C.14) (Ord. 839, passed - - )
Any film permit issued pursuant to the terms of this chapter may be subject to immediate suspension if it is found necessary for the protection of public health, safety, or general welfare. Such suspension shall only be instituted upon the recommendation of the city that immediate protective action is necessary. In the event of such a suspension, the City Manager shall within twenty-four (24) hours after the suspension: (1) cause to be served upon the film permit holder a written statement containing the grounds for suspension and a notice of hearing to show cause before the City Manager as to why the film permit should not be suspended pending revocation hearings; and (2) cause to be served upon the film permit holder a notice of revocation hearing before the City Council as provided in § 5.224.160. The hearing before the City Manager shall be held not later than five (5) days following the service of the notice to the film permit holder.
('61 Code, § 13C.15) (Ord. 839, passed - - )
A. Any film permit granted or issued pursuant to the provisions of this chapter may be revoked after a public hearing before the City Council. A film permit may be revoked under the following circumstances:
1. Where it has been determined that the permittee has violated or has failed to comply with any of the terms or conditions of the film permit;
2. Where it has been determined that the permittee has violated or has failed to comply with any of the ordinances, resolutions, or applicable regulations of the city;
3. Where it has been determined that the film permit has been granted pursuant to false or fraudulent information contained in the film permit application;
4. Where it has subsequently been determined that filming activity will fail to meet the criteria enumerated in this chapter for granting a film permit; or
5. Where it has been determined that the preservation of the public health, safety, and general welfare-demand revocation of the film permit.
B. A notice of revocation shall be mailed to permittee, by certified mail, stating the grounds for revocation and providing a date within thirty (30) days of mailing of such notice for a public hearing before the Council. Upon the conclusion of the public hearing, the Council may, by resolution with findings, revoke or modify the film permit and the decision of the City Council shall be final and conclusive as to all matters in controversy.
('61 Code, § 13C.16) (Ord. 839, passed - - )
Any filming, video taping, or related activity conducted contrary to the provisions of this chapter shall be and is hereby declared to be an unlawful action and a public nuisance. The city may commence an action at law or in equity in the name of the city in any court of competent jurisdiction against the permit holder to ensure compliance of the terms and provisions of this chapter. All remedies prescribed herein will be cumulative and the use of any one (1) or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter.
('61 Code, § 13C.17) (Ord. 839, passed - - )