HomeMy WebLinkAbout97-18 Establishing Regulations and Permits for Filming ActivitiesORDINANCE NO. 97-18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ADDING CHAPTER V
TO TITLE 9 OF THE COSTA MESA MUNICIPAL CODE
ESTABLISHING REGULATIONS AND PERMITS FOR
FILMING ACTIVITIES WITHIN THE CITY OF COSTA
MESA.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN
AS FOLLOWS.
Section 1. Chapter V is hereby added to Title 9 of the Costa Mesa
Municipal Code to read as follows:
"CHAPTER V FILMING ACTIVITIES.
Sec. 9-471 Purpose.
The City Council of the City of Costa Mesa hereby declares that the purpose
of the regulations in this Chapter is to provide a uniform set of regulations for
filming activities which streamline permits for such activities and protect the public
health, safety and welfare.
Sec. 9-472. Definitions.
(a) Filming, as used in this Chapter, means and includes all activity
attendant to staging or shooting motion pictures, television shows or programs,
commercial still photography, video tapes, computer-based programs, or other
visual reproduction technology now known or hereafter created. The period of
filming includes the set-up, strike and time of photography
(b) Commercial films, as used in this Chapter, means and includes all
activity attendant to filming any entertainment or advertising programs for any
media now known or hereafter created.
(c) Documentary, charitable or student films, as used in this Chapter,
means any filming by a nonprofit organization which qualifies under the Internal
Revenue Code section 501(c)(3) as a charitable organization or is an accredited
educational institution, or public television outlet, and for which 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.
(d) News media, as used in this Chapter, means filming for purpose of
spontaneous, unplanned television news reporting by journalists, reporters,
photographers or camera operators.
(e) Private Property, as used in this Chapter, means any property now
owned by the City on which filming would not interfere with public rights-of-way,
access or safety
Sec. 9-473. Permit Required.
(a) No person shall use any City street, alley, sidewalk, park, pier, off
street parking facility, way or other public property owned or controlled by the City
for the purpose of making commercial films without first applying for and receiving
a permit from the City Manager or his/her designee, provided that the provisions of
this Chapter shall not apply to or be construed to affect (1) news media and (2)
filming solely for private family use.
(b) No person shall use any private property for the purpose of making
commercial films without first applying for and receiving a permit from the City
Manager or his/her designee. Notwithstanding the foregoing, the provisions of this
Chapter shall not apply to or be construed to affect the following filming on private
property,
Filming which requires no parking variances and uses no public
property or rights-of-way on public property;
2. Filming which does not impair the quiet enjoyment of the
surrounding properties;
3. Filming which does not involve the use of any pyrotechnic
device as defined in California Health & Safety Code section
12526;
4 A licensed business which regularly employs a licensed
pyrotechnic operator as defined in California Code of
Regulations section 981.5;
5. Filming by news media; or
6. Filming solely for private family use.
Sec. 9-474 Permit Application and Review
(a) Each application for filming under this Chapter must be completed in
full and filed with the City Manager or his/her designee.
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(b) Each application must include the following information:
1 The name of the owner or owner's designee, the address and
telephone number of the place at which the activity is to be
conducted;
2. The specific location at such address or place;
3. The inclusive hours and dates such activity will transpire;
4 A general statement of the character or nature of the proposed
filming activity, including a detailed description of any
potentially disruptive activities.
5. The name, address and telephone number of the person or
persons in charge of such filming activity;
6. The number of personnel involved;
7 Use of any animals or pyrotechnics;
8. A list of major equipment to be used, including but not limited
to trucks, buses, limousines and cameras; and
9. Such additional information as the City Manager or his/her
designee may reasonably require.
(c) The permit application shall be in a form the City Manager or his/her
designee may reasonably require. In addition to the foregoing, the applicant may
submit the permit application on the form adopted and in use by the Orange County
Film Commission.
(d) The City Manager or his/her designee may refer the application to such
appropriate City departments as are directly impacted by the application and as
he/she deems necessary from the nature of the application for review, evaluation,
investigation and recommendations by the departments regarding approval of
disapproval of the application.
(e) The City Manager or his/her designee shall issue a permit under this
Chapter if it is determined that the following criteria have been met:
1 The proposed use will not unreasonably interfere with traffic or
pedestrian movement, or unreasonably interfere with or
endanger the public peace or rights of nearby residents to the
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quiet, peaceable enjoyment of their property, or otherwise be
detrimental to the public peace, health, safety or general
welfare;
2. The proposed use will not unduly impede, obstruct or interfere
with the operation of emergency vehicles or equipment in or
through the permit area, or adversely affect the City's ability to
perform municipal functions or furnish City services in the
vicinity of the permits area; and
3. The proposed use will not constitute a fire or safety hazard and
all proper safety precautions will be taken as is reasonably
necessary to protect the public peace, health, safety or general
welfare.
(f) The City Manager or his/her designee shall deny the permit if the
conditions of this Chapter and all applicable laws and regulations have not been met
or if the application contains incomplete or false information.
(g) The City Manager or his/her designee may immediately revoke a permit
which has been granted, if the conditions of this Chapter and all applicable laws
and regulations are no longer being met, if the information supplied by the applicant
becomes false or incomplete, or if any substantial change in circumstances results
in the proposed use becoming detrimental to the public peace, health, safety or
general welfare.
Sec. 9-475. Permit Application, Location and Fees.
(a) An application fee set by resolution of the City Council shall be
required for formal processing of every application made under this Chapter
Payment may be made in person or by check.
(b) No application fee shall be required of charitable or student films or for
filming conducted on behalf of the City or any City departments or divisions.
(c) No separate business license tax, fee or charge shall be charged for
any applicant whose sole business is commercial filming under this Chapter
(d) Each permittee filming under this Chapter shall pay a location fee set
by resolution of the City Council for the daily use of any public property for
commercial filming permitted under section 9-473(a). No location fee shall be
charged for commercial filming on private property permitted under section 9-
473(b) hereof Preparation and strike days shall be charged at fifty percent (50%)
of the daily use rate.
(e) Each permittee filming under this Chapter shall reimburse the City for
all costs incurred by City, the amount of which shall be determined by the City
Manager or his/her designee, for City personnel or equipment provided to the
applicant for the purpose of assisting or providing security or protection to the
applicant for activities conducted under the permit.
(f) A deposit shall be made to the City, the amount of which shall be
determined by the City Manager or his/her designee, for any damage repairs or
cleanup required by City resulting from applicants use of public facilities. Such
deposit may include estimated costs for City services provided to the applicant
during activities conducted under the permit. Upon completion of filming activities,
the total costs incurred by the City will be determined and any final payment will be
used or a refund of balance of deposit will be made.
Sec. 9-476. Rules and Regulations.
(a) In addition to the requirements of this Chapter and all other applicable
laws, rules and regulations, the City Manager or his/her designee shall condition the
permit on such terms and conditions regarding the time, place and manner of
utilizing the City streets or other public property which are necessary and
appropriate under the circumstances.
(b) Rules: the City Manager or his/her designee is authorized and directed
to promulgate rules and regulations, subject to approval by resolution of the City
Council, governing the form, time, and location of any film activity set forth within
the City He/she shall also provide for the issuance of permits. The rules and
regulations shall be based upon the following criteria:
1 The health and safety of all persons;
2. Avoidance of undue disruption of all persons within the affected
area;
3. The safety of property within the City; and
4 Traffic congestion at particular locations within the City
(c) Upon reasonable notice by the applicant, the City Manager or his/her
designee shall have the power, upon a showing of good cause, to change the
conditions under which the permit has been issued provided established limitations
are complied with in all material respects.
Sec. 9-477 Requirements for Granting Application.
(a) Prior to the granting of the application, each applicant shall agree to
indemnify, defend and hold the City, its authorized agents, officers, representatives
and employees harmless from and against any and all costs, liabilities, penalties, or
other expenses, including defense costs and legal fees, resulting from any and all
claims or damage of any nature, including any accident, loss or damage to persons
or property
(b) Except as provided herein, each applicant must comply with all City,
State and Federal laws, regulations and ordinances, and must obtain all necessary
permits and licenses as a precondition for the commencement of commercial film
production hereunder Thereafter, the permittee shall remain in full compliance with
all such City, State and Federal laws, regulations and ordinances, permits and
licenses throughout the filming.
Sec. 9-478. General Permit Conditions.
Any applicant granted a permit pursuant to this Chapter shall comply with all
of the following conditions:
(a) The permittee will be required to submit a permit request with
sufficient advance notice to allow for the appropriate review of the application. If
the filming requested interferes with traffic or involves potential public safety
hazards, an application may be required to be submitted at least five (5) working
days in advance.
(b) The permittee is required to obtain the property owner's permission,
consent, and/or lease for use of property not owned or controlled by the City
(c) The temporary parking of equipment, truck, and/or cars in zones that
will not permit it, will not be allowed without the approval of the Transportation
Services Manager or his/her designee.
(d) For filming that would impair traffic flow, the permittee must use law
enforcement personnel designated by the City Manager or his/her designee, which
may include the Orange County Sheriff, California Highway Patrol, or City law
enforcement personnel and comply with all traffic control requirements deemed
necessary by the City
The permittee 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 must be
taken;
Traffic may be restricted to one (1) twelve foot (12') lane of
traffic, and/or stopped intermittently When necessary
circumstances exist, traffic may be rerouted as provided in a
detour plan approved by the City The period of time that traffic
may be restricted will be determined by the City based on
location;
3. Traffic shall not be detoured across a double line without prior
approval of the appropriate City departmental representative;
4 Unless authorized by the City, the camera cars must be driven in
the direction of traffic and must observe all traffic laws; and
5. Any emergency road work or construction by City crews and/or
private contractors under permit or contract to the appropriate
department shall have priority over filming activities.
(e) When parking in a parking lot, the permittee may be billed according to
the current rate schedule established by the City In order to assure the safety of
citizens in the surrounding community, access roads to parks or other areas, which
serve as emergency service roads, must never be blocked without prior approval.
No relocation, alteration, or moving of City -owned structures or property will be
permitted without prior approval.
(f)
The permittee shall conduct operations in
an orderly fashion with
continuous
attention to the storage
of equipment not in
use and the cleanup of
trash and
debris. The area used
shall be cleaned of
trash and debris upon
completion
of filming at the scene
and restored to the
original condition before
leaving the
site.
(g) The permittee shall be liable for any damage suffered by the City
resulting from the granting or use of this permit and, at the election of the City,
shall repair the damage or reimburse the City for all expenses related to such
damage.
Sec. 9-479. Insurance.
(a) As a condition of issuance of a permit hereunder, every permittee
must procure and maintain in full force and effect during the term of the permit, a
policy of liability insurance in a form and with companies approved by City and
approved to do business in California, which policy names the City of Costa Mesa,
its officers, employees and agents as additional insured and which provides
sufficient coverage that the City Manager or his/her designee determines to be
necessary and adequate under the circumstances. Proof of insurance shall be
submitted to the City in advance of the issuance of a permit. The City Manager or
his/her designee may waive the requirement of insurance if the City Manager or
his/her designee determines that the intended use does not present any significant
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exposure to liability for the City, its officers, employees and agents or to public
property damage.
(b) The permittee shall conform to all applicable Federal and State
requirements for Workers' Compensation insurance for all persons operating under
the permit.
(c) Surety or Bond: To ensure cleanup and restoration of the site, the
permittee may be required to post a refundable faithful performance bond, cash
surety or other comparable form of guarantee in an amount to be determined by the
City Manager or his/her designee at the time the application is submitted. Upon
completion of filming and inspection of the site by the City, the guarantee may be
returned to the applicant.
Sec. 9-480. Notification and Appeals.
(a) The City Manager or his/her designee shall act upon the application in
a timely fashion and shall approve or disapprove the application in a period of not
greater than five (5) days following the filing of the application. The applicant shall
be immediately notified of the action of approval, denial or revocation of the permit
application or permit issued under this Chapter
The notice of denial or revocation shall state the reasons for
such action and the appropriate remedy or cure, if applicable.
2. The notification shall be deemed satisfied when the notice is
sent by facsimile or telecopier machine to the telephone number
listed on the application, or if no number is listed, when notice
is placed, postage prepaid in the United States mail addressed
to the applicant at the address shown on the permit application.
(b) An applicant or permittee aggrieved by the City Manager or his/her
designee under this Chapter shall have the right to appeal to the City Council. The
appeal shall be taken within five (5) days after notice has been received by the
applicant or permittee. The City Council shall act upon the appeal within fifteen
(15) days of the filing of the appeal."
Section 2. Severability.
If any chapter, article, section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance, or the application thereof to any person, 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
portion of this Ordinance or its application to other persons. The City Council
hereby declares that it would have adopted this Ordinance and each chapter,
article, section, subsection, subdivision, sentence, clause, phrase or portion thereof,
irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, phrases, or portions of the application thereof to any person, be declared
invalid or unconstitutional. No portion of this Ordinance shall supersede any local,
State, or Federal law, regulation, or codes dealing with life safety factors.
Section 3. Publication.
This Ordinance shall take effect and be in full force and effect thirty (30)
days from and after its passage and, before the expiration of fifteen (15) days after
its passage, shall be published once in the NEWPORT BEACH -COSTA MESA PILOT,
a newspaper of general circulation printed and published in the City of Costa Mesa,
or, in the alternative, the City Clerk may cause to be published a summary of this
Ordinance and a certified copy of the text of this Ordinance shall be posted in the
office of the City Clerk five (5) days prior to the date of adoption of this Ordinance,
and within fifteen (15) days after adoption, the City Clerk shall cause to be
published the aforementioned summary and shall post in the office of the City Clerk
a certified copy of this Ordinance together with the names of the members of the
City Council voting for and against the same.
PASSED AND ADOPTED this d,/) day of , 1997
ATTEST
T
DeputCity Clerk
of the ity of Costa Mesa
Mm
MOLISM
APPROVED AS TO FORM:
City Attorney
STATE OF CALIFORNIA 1
COUNTY OF ORANGE i ss
CITY OF COSTA MESA )
I, MARY T ELLIOTT, Deputy City Clerk and ex -officio clerk of the City Council of
the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No.
97-18 was introduced and considered section by section at a regular meeting of
said City Council held on the 19th day of May 1997, and thereafter passed and
adopted as a whole at a regular meeting of said City Council held on the 2nd day of
June 1997, by the following roll call vote:
AYES. i3uGFAI moNRµA� (fIZL.KSWJI a6WA2J( `o7VmEAS
NOES. N o rJ B
ABSENT IJONC
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 3rd day of June 1997
FILMING 210521-971
10
Deput ity Clerk and ex -officio
Clerk the City Council of the
City of Costa Mesa