Ordinance Number 860ORDINANCE NO. 860
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADDING CHAPTER 9 OF TITLE 4, PERTAINING TO THE
CONDUCT OF COMMERCIAL FILMING IN THE CITY OF SAN JUAN
CAPISTRANO TITLED "COMMERCIAL FILMING ACTIVITIES"
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The following amendment to the Municipal Code is
hereby enacted: Chapter 9 entitled "Commercial Filming Activity" is hereby added to Title
4, 'Public Safety" of the Municipal Code to read as follows:
CHAPTER 9. COMMERCIAL FILMING ACTIVITIES
Sec. 4-9.01. Purpose and Intent.
The intent of this article is to regulate filming activity in private and public locations within
the City by any commercial or private film enterprise. The regulations are based upon the
following criteria: (1) Secure and protect property within the City; (2) Control traffic
congestion within the City; and (3) Promote the general health, welfare, and safety of the
citizens of San Juan Capistrano.
Sec. 4-9.02. Definitions.
Certain words and phrases used in this chapter are defined as follows:
(a) "Charitable or student films" means any commercial film produced by a nonprofit
organization, which qualifies under section 501(c)(3) of the Internal Revenue Code as a
charitable organization or is associated with an accredited educational institution, and for
which no person, directly or indirectly, shall receive a profit from marketing and production
of the film or from showing the films, tapes or photos.
(b) "Commercial films" means and includes all activities associated with staging or
shooting commercial motion pictures, television shows or programs, commercial
advertisements, commercial promotion and training films, and professional still
photography for promotional or advertising purposes.
(c) "Filming" means activities associated with staging and shooting motion pictures,
commercial films orvideos, television programs, video medium, commercial photographs,
computer-based programs, or other visual or auditory reproduction technology. The period
of filming includes set-up, filming and strike time.
(d) "News media" means filming for purposes of spontaneous, unplanned television news
reporting by journalists, reporters, photographers, or camera operators.
(e) 'Private property" means any property within the City of San Juan Capistrano not
owned, governed, or regulated by the City.
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(f) "Typical" means the processing of a film permit application that does not require
additional permits, additional staffs review or other special conditions imposed to grant
approval of the film application.
Sec. 4-9.03. Permits: Required.
(a) Filming on Public Property. No person shall use or in any way impact any public park,
street, alley, sidewalk, way or other public holdings owned or controlled by the City for the
purpose of making commercial films without first applying for and receiving a film permit
from the Administrative Services Department and any other permits or approvals as
governed by this chapter.
(b) Filming on Private Property. No person shall use any private property for the purpose
of making commercial films without first applying for and receiving a film permit from the
Administrative Services Department. The applicant is required to obtain the owner's
consent for use of private property. The provisions of this chapter shall not apply to or be
construed to affect filming by news media or filming solely for private -family or personal
use.
(c) Encroachment Permit. In addition to the requirements of this chapter and all other
applicable laws, rules and regulations, each permittee filming under this chapter using the
public streets or rights-of-way or causing an impact to public facilities, vehicular or
pedestrian traffic, is required to apply for and obtain an encroachment permit from the
Engineering and Building Department. This permit shall condition the applicant on such
terms and regulations regarding the time, place and manner of utilizing the City streets or
other public properties as established and set forth in Title 7, Chapters 3, 4, and 6. The
Applicant shall pay all related fees for the Encroachment Permit.
(d) Where public or private streets are used for parking or staging of equipment or crew,
orwhen filming activity impacts residential orcommercial districts, notification and approval
is mandatory before a film permit may be issued. Notices and approvals shall be secured
by the applicant.
(1) Notification: Notification of the activity shall be made directly to each residence or place
of business, within a 300' radius, or as directed by City staff. Notice shall include dates,
times, and type of activity, and shall include a valid contact name and telephone number
of the applicant.
(2) Approval: If conditioned by the City, in addition of the notice the applicant shall obtain,
in writing, approval from the affected resident(s) or business owner(s) for the specified
filming activity.
Sec. 4-9.04. Exemptions
The provisions of this chapter shall not apply to, or be construed to, affect the following
film, video and still photography activities:
1. Filming solely for personal, non-commercial use.
2. Filming to commemorate special events by a professional, semiprofessional or
amateur photographer that will not be used for promotional or commercial purposes.
3. Filming conducted at, and entirely within, a studio.
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4. The regular activities of the news media concerning those persons, locations or
occurrences which are in the news and of general public interest.
5. Still photography activities involving less that 5 crew members.
An encroachment permit may, upon review by the City, be required, if any of the above
stated filming activities noticeably impacts the public streets or public rights of way.
Sec. 4-9.05. Permits: Applications. Forms. Filing.
(a) Forms: Film permit applications shall be filed on printed forms provided by the
Administrative Services Department. The form shall be signed by the applicant and shall
set forth the following information:
(1) The name, address and telephone number of the company or person(s) requesting
permission to film and the name of the person in charge of such filming activity; (2) the
specific location and address where the filming activity is to take place; (3) the name,
address, and telephone number of the owner of the location where the filming activity is
to take place; (4) the inclusive hours and dates such activity will occur; (5) a
comprehensive statement of the character or nature of the filming content; (6) the number
of personnel and crew; (7) a list, including the size of major equipment and vehicles to
being used, including but not limited to trucks, buses, trailers, limousines, cranes, lighting
structures, scaffolding; (8) use of any pyrotechnics, animals, stunts, props, etc.; and (9)
such additional information as deemed necessary to fully evaluate the scope of work.
(b) Filing: An application for a permit to film on public or private property as described in
this section, togetherwith the fees and insurance required for the permit, shall be filed with
the Administrative Services Department.
(1) Permit Processing Time: The following time schedule shall be used as a guideline for
processing permit applications:
(i) Five (5) working days for approval and issuance of "typical" film permits, provided all
required information is received in a timely manner;
(ii) Ten (10) working days for approval and issuance of permits involving use of the public
rights-of-way, filming in commercial districts, stunts or special physical effects, provided all
information is received and requisites completed in a timely manner.
(iii) Additional time, as deemed necessary to adequately evaluate and address all City
and community concerns, will be required for any filming activity requiring extensive traffic
control, road closures, coordination with the business community or commercial districts
or when approvals from homeowners associations or businesses are required, police
security, scheduling parameters, or other issues.
Sec. 4-9.06. Permits: Fees. Insurance. Deposits.
(a) Permit Fees: Each applicant shall pay a location fee for the use of any public or
private property to make commercial films pursuant to the provisions of this chapter. The
amount of this fee is set by resolution of the City Council of the City of San Juan
Capistrano.
(1) No separate business license fees shall be charged for any applicant whose sole
business is commercial filming under this chapter.
(2) All related fees for additional City permits pursuant to Section 4-9.03 shall be paid by
the Applicant.
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(3) All fees for security personnel, pursuant to Section 4-9.06 shall be paid by the
Applicant.
(4) Charitable and student films are subject to all applicable fees pursuant to the
provisions of this chapter.
(b) Staff and Equipment Recovery Costs: Each permittee, inclusive of commercial,
charitable, and student organizations, filming under this chapter shall reimburse the City
for all costs incurred by the City for city staff time or equipment provided to the permittee.
(c) Insurance: As a condition of the application, proof of insurance shall be submitted
to the City in advance of permit issuance. The applicant shall maintain in full force and
effect during the term of the permit, a policy of insurance for no less than One Million and
no/100ths ($1,000,000) Dollars, in Comprehensive General Liability, from an insurance
company licensed to do business in California. The City shall be named a certificate
holder and provide the City an Additional Insured Endorsement to the applicant's liability
insurance policy on a separate endorsement form, which names the City, its officers,
employees, and agents as additionally insured.
(c) Deposit: To ensure cleanup and restoration of the work area, the applicant, inclusive
of commercial, charitable or student films, may be required to post a refundable deposit
in an amount to be determined at the time application is being reviewed.
Sec. 4-9.07. Permits: Conditions of Approval.
The film permit application may be referred to other City Departments for review,
evaluation, investigation, and recommendations regarding approval or disapproval of the
application. Permits issued pursuant to the provisions of this chapter shall be subject to
the following conditions:
(a) The Permittee shall be responsible for the restrictions and conditions set forth in all
permits issued for the proposed activity; and,
(b) The proposed use will not unreasonably interfere with the rights of nearby residents
or businesses to the quiet, peaceable enjoyment of their property, or otherwise be
detrimental to the public health, safety, or general welfare; and,
(c) 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. 4-9.08. Granting: Revocation or Denial.
(a) The City may immediately revoke a permit, if the conditions of this chapter or
additional conditions set forth on the permit are not being met. Further, a permit will be
revoked if all applicable laws and regulations are no longer being met or if any change in
circumstances becomes detrimental to the public peace, health, safety, orgeneral welfare.
(b) The City shall deny the permit if the conditions of this chapter and all applicable laws
and regulations are not met or if the application contains incomplete or false information.
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Sec. 4-9.09. Notification and Appeals
An applicant or permittee aggrieved by either denial or revocation shall have the right to
appeal to the City Council underthe provisions established and set forth in Title 1, Chapter
4.
passage.
SECTION 2. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its
SECTION 3. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be posted at the duly designated posting places within the City and published
once within fifteen (15) days after passage and adoption as required by law; 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 a certified copy of this Ordinance, together with the vote for and against the same, in
the Office of the City Clerk.
PASSED, APPROVED AND ADOPTED this 4 th day of September 2001.
WYA HART, MAYOR
ATTEST: J�
/L
M R ARET R. MONAHAN, CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano,
do hereby certify that the foregoing Ordinance No. 860 was regularly introduced and
placed upon its first reading at the Regular Meeting of the City Council on the 21st day
of August 2001 and that thereafter, said Ordinance way duly adopted an passed at a
Regular Meeting of the City Council on the 4th day of September 2001 by the following
vote, to wit:
AYES: COUNCIL MEMBERS:
NOES COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Bathgate, Campbell, Gelff, Swerdlin and Mayor
Hart
None
None
R. MONAHAN, City Clerk