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Film Ordinance

ORDINANCE NO. 22-97
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE REPEALING CHAPTER 5.45 OF THE ORANGE MUNICIPAL CODE AND ADDING A NEW CHAPTER 5.45 TO THE ORANGE MUNICIPAL CODE PERTAINING TO FILMING ACTIVITIES.

The City Council of the City of Orange does hereby ordain as follows:

SECTION I:
Chapter 5.45 of the Orange Municipal Code is repealed in its entirety.

SECTION II:
A new Chapter 5.45 of the Orange Municipal Code is added to read as follows:

CHAPTER 5.45
FILMING ACTIVITIES

Sections:

5.45.010 Definitions

5.45.020 Permit--Required

5.45.030 Permit Application and Review

5.45.040 Permit Application, Location/Lease and Expense Fees

5.45.050 Rules and Regulations

5.45.060 Requirements for Granting Application

5.45.070 General Permit Conditions

5.45.080 Insurance

5.45.090 Notification and Appeals

5.45.010 Definitions.

  1. "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.
  2. "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.
  3. "Charitable or student films," as used in this chapter, means any filming by a nonprofit organization, which qualifies under Section 501(c)(3) of the Internal Revenue Code as a charitable organization or is an accredited educational institution, 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.
  4. "News media," as used in this chapter, means filming for the purpose of spontaneous, unplanned television news reporting by journalists, reporters, photographers or camera operators.
  5. "Private Property" as used in this chapter, means any property not owned by the City on which filming would not interfere with public right of way, access or safety.

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5.45.020 Permit--Required.

  1. No person shall use any City street, alley, sidewalk, park, pier, 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.
  2. 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:

    1. 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;
    6. Filming solely for private-family use; or
    7. Filming which does not interfere with the public’s use of City property.

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5.45.030 Permit Application and Review

  1. A. Each application for filming under this chapter must be completed in full and filed with the City Manager or his/her designee.
  2. B. Each application must include the following information:

1. The name of the property owner, and, if applicable, business 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 to be involved;

7. A statement regarding the use of animals, pyrotechnics or any other hazardous activity;

8. A list of major equipment to be used, including but not limited to trucks, buses, limousines, generators, honey wagons, and cameras;

9. A staging plan illustrating the placement of all sets and props and all equipment, including generators, honey wagons, and cameras (including booms and cranes); and

10. 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 lieu of 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 or 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 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 permitted 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 or suspend 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, or is determined to be, 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.

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5.45.040 Permit Application, Location/Lease and Expense Fees

A. A application fee, as determined by City Council resolution, shall accompany an application for any permit applied for under this chapter. Payment may be made in person, by check or by credit card if the City currently has the ability to process credit card payments

B. No application fee, location/lease fee(s) 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/lease fee(s), as determined by City Council resolution for commercial filming on City property. Preparation and strike days shall be charged at fifty percent of the daily use rate. No location/lease fee(s) shall be charged for commercial filming on private property permitted under section 5.45.020B hereof.

E. Each permittee filming under this chapter shall reimburse the City for all actual and reasonable 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 or for the permittee for the purpose of assisting or providing security, protection, public safety or other City services to or for the permittee or members of the general public for activities conducted under the permit.

F. Permittees may be required to submit a deposit of estimated administrative and/or public safety costs relating to the activities conducted under the permit at the time of issuance thereof.

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5.45.050 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 issuance of a 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, governing the form, time, and location of any film activity set forth within the City. 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 is authorized, upon a showing of good cause, to change the conditions under which a permit has been issued, provided that the requirements of this chapter are met and the City can undertake all necessary administrative review within the time requested.

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5.45.060 Requirements for Granting Permit

A. Prior and as a condition precedent to the granting of a permit under this chapter 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 losses, damages claims, causes of action, costs, liabilities, penalties, judgments and expenses, including, without limitation, defense costs and reasonable legal fees, resulting from any and all claims or damage of any nature, including any accident, loss or damage to persons or property which the City may incur and which arise from or relate to any activity conducted by permittee or any of its agents, employees, representatives, contractors or consultants in connection with the rights granted in the permit or under this chapter. The form of the indemnification agreement shall be as determined by the City Attorney.

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.

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5.45.070 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 an application for a permit with sufficient advance notice to allow for the appropriate review of the application. If the filming requested interferes with traffic or may affect public safety, an application shall be submitted at least five (5) business days in advance.

B. The permittee is required to obtain the property owner’s and business owner(s)’s (if applicable) prior written permission, consent, and/or lease for use of private property.

C. If the permittee requires utilization of public parking to film or to park equipment, trucks, and/or cars in zones that will not permit it, temporary "No Parking" signs shall be posted by the City or the City’s designee.

D. For filming that would alter, impair or impact traffic flow, the permittee must use law enforcement personnel designated by the City Manager or his/her designee, which may include County Sheriff, California Highway Patrol or City Law Enforcement personnel and comply with all traffic control requirements deemed necessary by the City, including, but not limited to the following:

1. 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;

2. Traffic may be restricted to one twelve-foot lane of traffic and/or stopped intermittently. The period of time that traffic may be restricted will be determined by the City’s Police Chief or his/her designee, based on location and other factors deemed relevant. When necessary circumstances exist, traffic may be rerouted as provided in a detour plan approved by the City department having jurisdiction;

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;

5. Any emergency road work or emergency construction by City crews and/or private contractors, under permit or contract to the appropriate City department, shall have priority over filming activities.

E. Notwithstanding anything to the contrary contained in Chapter 12.58 of this code, the City Manger or his/her designee may restrict the use of, or close, any City street wherever the City Manager or his/her designee considers such restriction of use necessary and appropriate under this chapter.

F. When parking in a City-owned parking lot or metered City-controlled public parking, the permittee will 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 which serve as emergency service roads must never be blocked without prior approval of the City’s Police Chief or his/her designee. No relocation, alteration, or moving of City-owned structures or property will be permitted without prior approval of the City Manager or his/her designee.

G. The permittee shall conduct operations in a neat and orderly fashion and free of debris 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 its original condition.

H. The permittee shall be liable for any damage suffered by the City resulting from the granting or use of a permit under this chapter and, at the election of the City Manager or his/her designee, shall repair the damage or reimburse the City for all expenses related to such damage.

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5.45.080 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 (or policies) of insurance from an insurance company licensed to do business in California, which policy (or policies) names the City, its officers, employees and agents as additional insureds insuring against any and all liability of permittee with respect to its obligations and liabilities under its permit and this chapter and its indemnities set forth in Section 5.45.060 A, including, but not limited to, commercial general liability insurance on an "occurrence" basis against claims for personal injury, including death, bodily injury or property damage liability and in an amount not less than $1,000,000, and which otherwise provides sufficient coverage that the City Manager or his/her designee determines to be necessary and adequate under the circumstances. Proof of insurance in a form acceptable to the City’s Risk Manager shall be submitted to the City in advance of the issuance of the permit. The City Manager or his/her designee may waive the requirement of insurance or a particular type of coverage if the City Manager or his/her designee determines that the intended use does not present any significant 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 a permit.

C. Surety Bond. To ensure cleanup and restoration of the filming location and any public property involved in the filming, the permittee may be required to post a refundable Faithful Performance Bond, cash surety or other comparable form of security guarantee in an amount to be determined by the City Manager or his/her designee at the time an application is submitted. Upon completion of filming and cleanup and restoration of the filming location and any public property involved in the filming to the satisfaction of the City Manager or his/her designee, the guarantee or security will be returned to the permittee.

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5.45.090 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 or request additional information within a period of not greater than five (5) business days following the date of 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.

1. 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 to the facsimile 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 a decision or action of the City Manager or his/her designee under this chapter shall have the right to appeal any such decision to the City Council.

1. Any appeal shall be filed with the City Clerk within five (5) business days after notice of denial, approval or revocation has been received by the applicant or permittee. The City Council shall act upon the appeal within twenty-eight (28) calendar days of the filing of the appeal.

2. Upon receipt of an appeal, the City Clerk shall set a date for a hearing of the matter and give notice of the date, time and place of the hearing to the applicant/appellant. Prior to such hearing, the City Manager shall transmit to the City Clerk a report of his/her findings and at the City Council hearing shall present all documents on file.

3. The City Council shall consider the record and such additional evidence as may be offered and may affirm, reverse or modify in whole or in part, the action that was appealed. The City Council may also make or substitute additional decisions or determinations as it finds warranted under the provisions of is chapter and may waive any requirement of this chapter where it is found to be in the public interest. The City Council shall transmit a copy of its decision to the applicant/appellant.

SECTION III:

If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION IV:

A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance shall also be published once within fifteen (15) days after this Ordinance's passage in a newspaper of general circulation, published, and circulated in the City of Orange. The City Clerk shall post in the Office of the City Clerk a certified copy of the full text of such adopted Ordinance along with the names of those City Council members voting for and against the Ordinance in accordance with Government Code Section 36933. This Ordinance shall take effect thirty (30) days from and after the date of its final passage.

Adopted this _______ day of _____________________, 1997.

Mayor Joanne Coontz

ATTEST:

______________________________
City Clerk of the City of Orange

STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )

I, CASSANDRA J. CATHCART, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the ________ day of __________________, 1997, and thereafter at a regular meeting of said City Council duly held on the _______ day of _______________, 1997, was duly passed and adopted by the following vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

City Clerk of the City of Orange

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