Loading...
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. 0860 -1- (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. 0 860 -2- 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. 0860 -3- (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. 0 860 -4- 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 0860 5- 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