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HomeMy WebLinkAbout410 - Ordinances ORDINANCE NO. 410 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING A NEW CHAPTER 5.16 TO THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO THE FILMING PERMIT PROCESS THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY ORDAIN AS FOLLOWS: SECTION l: The Rancho Cucamonga Municipal Code is hereby amended by adding Chapter 5.16 thereto to read, in words and figures, as follows: ,Chapter 5.16 FILM PERMITS Sections: 5.16.010 Purpose and Intent. 5.16.020 Definitions. 5.16.030 Permit Required. 5.16.040 Exemptions. 5.16.050 Film Permit Officer--Responsibilities. 5.16.060 Fees. 5.16.070 Permit Application. 5.16.080 Determination by Film Permit Officer. 5.16.090 Appeal to City Council. 5.16.100 Permits--Approval Period. 5.16.110 Pe rmi t s--Amendment s. 5.16.120 Rules and Regulations. 5.16.130 Public Facilities. 5.16.140 Tra ffi c Control. 5.16.150 Insurance and Indemnity. 5.16.160 Suspension. 5.16.170 Revocation. 5.16.180 Violation as a Nuisance. "5.16.010 Purpose and Intent. This chapter is intended to standardize filming permit procedures to facilitate filming within the City of Rancho Cucamonga, to assure that such activity is consistent with the public health, safety, and general welfare and the protection of property. "5.16.020 Definitions. For the purpose of this chapter, the following words and phrases are defined and shall be construed as hereinafter set out, unless it is apparent from the context that a different meaning was intended: A. "Film or filming" shall include, but shall not be limited to, feature motion pictures, video tapes, television, and commercials. B. "Production" shall mean the activity of making a film for commercial or noncommercial purposes on property owned by the City or on private property within the jurisdiction of the City. Ordinance No. 410 Page 2 C. "News purposes", as spec i fied in th is chapter, shal 1 mean filming or video taping for television news broadcasting by reporters, photographers or camera persons in the employ of a newspaper, news service, or similar entity, of new events concerning those persons, scenes, or occurrences which are in the news and of general public interest. The filming or video taping of such shall be for regularly scheduled news programs (but not magazine or documentary programs) and special news programs which are not preplanned and are broadcast within twenty-four hours after the event. D. "Charitable purposes" shall mean filming or video taping for a motion picture or television production conducted by an organization in which no individual either directly or indirectly receives a profit from the production, marketing or showing of the films or tapes. E. "City" shall mean the City of Rancho Cucamonga, a municipal corporation formed and operating pursuant to the laws of the State of Cal i fornia. F. "Permittee" shall mean any person, firm, corporation, or group or combination acting as a unit to whom or which a film permit is granted by the City under the provisions of this chapter. "5.16.030 Permit Required. Except as otherwise provided, it shall be unlawful for any person to engage in the business or activity of filming, Jideo taping or producing motion pictures on motion picture film or electronic video tape for public exhibition as motion pictures or for television, at any place within the City, other than at or in an established motion picture or television studio or entirely within an enclosed structure or building, with no outside storage of filming equipment, without a film permit from the Film Permit Officer. Any person interested in filming within the City shall complete in full a film permit application as stated in this chapter and provide to City all the information requested therein. "5.16.040 Exemptions. The provisions of this chapter shall not apply to: A. The filming or video taping of motion pictures solely for private or family use; B. The filming or video taping of motion pictures for use in a criminal investigation, civil proceeding, and emergencies such as fires, floods, police actions, etc.; C. The filming or video taping of motion pictures for news purposes (but not magazine or documentary programs); D. Education, Government, and Public Access and Local Origination programs for cable television systems franchised within the City; Ordinance No. 410 Page 3 E. The filming or video taping of motion pictures by the City itself (e.g. video taping of sewer lines and Media-Services programming); and F. Any other activity as deemed in the public interest by the Film Permit Officer. "5.16.050 Film Permit Officer--Responsibilities. This chapter shall be administered by the Community Development Director whose responsibilities shall include the following functions to be carried out either directly or by subordinate employees: A. Marketing. Attraction of motion picture production to the City. B. Coordination. The Film Permit Officer shall work directly with the permittee to assist in expediting to the greatest extent possible the issuances of all use permits necessary for motion picture production, by coordinating all City department reviews and approvals. If other non-City agencies have jurisdiction, the Film Permit Officer shall notify such overlapping jurisdictions and shall inform the permittee in writing on the permit. "5.16.060 Fees. Each application shall be accompained by a nonrefundable application and investigation fee payable to the City which shall be set by resolution of the City Council; provided, however, that no fee shall be required of applicants filming or video taping for motion picture or television production for charitable purposes, as defined in Section 5.16.020. If the Film Permit Officer determines that any potential danger to the publ i c's heal th, safety, or genera 1 wel fare or property would be eliminated by the presence of police or fire protection at the site of the filming or video taping for motion picture or television production, the Film Permit Officer may grant the film permit upon condition that the permittee pay in advance to the City, the costs of such police or fire protection as may be required. For filming permits which necessitate the City to provide services to the permittee in addition to police or fire protection, service charges shall be imposed. Such charges will be determined by the applicable servicing City department(s) and shall be based on the actual cost incurred by the City in providing such services. Such service charges shall include, but shall not be limited to, charges for labor, supervision, overhead, administration and the use of any and all City equipment, supplies, etc. Additional charges may be imposed to cover the cost of extraordinary film permit investigation and/or staff costs, if the City Manager feels this is necessary. In addition to the fee(s) required herein, a business license tax (whatever the current rate may be) shall also be required and shall be payable to the City. Ordinance No. 410 Page 4 "5.16,070 Permits--Application. An applicant must submit a permit request, on a standardized application form as established by the California Film Commission, at least two (2) working days prior to the date on which such person desires to conduct filming activity, including preparation, shooting and strike days. If such activity interferes with traffic or involves stunts or special effects, an application must be submitted at least four (4) working days in advance and ten (10) working days in advance for road closures. Permit application information may be given by the production company to the City by telephone. The production company shall keep a copy of the permit posted on-site in a conspicuous place at all ~imes. "5.16.080 Determination by Film Permit Officer. Before granting any film permit pursuant to this chapter, the Film Permit Officer shall determine that such filming or video taping for motion picture or television production will not unreasonably interfere with the public health, safety and general welfare or unreasonable endanger any property. In making this determination, the Film Permit Officer shall take into consideration the noise, traffic hazards, fire hazards and other environmental problems, including health and safety which are 1 ikely to be caused by such activities. In granting the permit, the Film Permit Officer may further impose any reasonable conditions as are necessary to protect the public health, safety, and general welfare or property. "5.16.090 Appeal to City Council. A. Any applicant aggrieved by any decision of the Film Permit Officer with respect to a film permit may appeal such decision to the City Council within ten {10) days following notice of such decision. B. A written request for such appeal shall be filed with the City Clerk and all such requests shall contain the following information: {1} The name and address of the applicant; (2) The date of the decision in question; {3} The reasons for the appeal; and {4} The grounds relied upon for relief. The appeal request shall be accompained by a non-refundable appeal fee in an amount to be set by resolution by the City Council. Upon receipt of the appeal request, the City Clerk shall set the matter for hearing at a regular meeting of the City Council no later than thirty (30) days following the date the appeal request was filed. Notice of the time and place of the hearing shall be mailed to the applicant, by certified mail, no later than ten {10} days prior to the date set for hearing. Said notice may also designate certain records that the applicant is required to produce at the time of the hearing. C. At the hearing as prescribed by this section, the applicant and the City may submit any and all evidence as they believe to be relevant. The City Council may require the presentation of additional evidence from either the applicant or the City, or from both, and may continue the hearing from Ordinance No. 410 Page 5 time to time for the purpose of allowing the presentation of additional evidence. Upon conclusion of the hearing, the City Council may, by resolution with findings, approve, reverse, or modify the decision of the City Manager and such decision of the City Council shall be final. "5.16.100 Permits--Approval Period. Permits granted pursuant to this chapter shall be valid for the period of time necessary to film a specific shot or sequence of shots, including preparation, shooting and strike days. "5.16.110 Permits--Amendments. Minor additions, corrections or alterations to a permit shall be made available by way of application for an unlimited number of "riders", which shall be attached to the original permit in writing. However, a permit cannot be extended or amended by rider after the completion of the filming activity. Significant changes to the original permit shall require a new permit application. "5.16.120 Rules and Regulations. The designated Film Permit Officer is hereby authorized and directed to promulgate rules and regulations, subject to approval by resolution of the 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 t)ie City. "5.16.130 Public Facilities. Use of any public facility within the City may require an additional rental or use agreement. "5.16.140 Traffic Control. For filming that would impair traffic flow, the applicant shall be required to submit an application for temporary major closure to the City Engineer, concurrent with the film permit request. The permittee shall comply with all traffic control requirements deemed necessary. "5.16.150 Insurance and Indemnity. 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 1 iabil ity 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 agents or employees, including any officers or employees of the City, or caused by or arising out of the Ordinance No. 410 Page 6 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 not exceed one million dollars ($1,000,000.00). 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. The permittee shall use the standarized insurance form as established by the California Film Commission. "5.16.160 Suspension. Any film permit issued pursuant to the terms of 'this chapter m~y be subject to imnediate 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 Film Permit Officer shall within twenty-four 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 Film Permit Officer 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 Section 5.16.160. The hearing before the Film Permit Officer shall be held not later than five (5) days following the service of the notice to the film permit holder. "5.16.170 Revocation. 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 ordinances, resolutions, or applicable regulations of the City; 2. 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; 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 the filming activity will fail to meet the criteria enumerated in this chapter for granting a film permit; or Ordinance No. 410 Page 7 5. Where it has been determined that the preservation of the publ i c heal th, safety, and general wel fare demand revocation of the film permit. B. A notice of revocation shall be mailed to the permittee, by certified mail, stating the grounds for the revocation and providing a date within thirty days of the mailing of such notice for a public hearing before the City Council. Upon the conclusion of the public hearing, the City Council may, by resolution with findings, revoke or modify the film permit and the decision of the City Council sha'll be final and conclusive as to all matters in controversy. 5.16.180 Violation as a Nuisance. 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 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. SECTION 2: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, Call fornia. PASSED, APPROVED, and ADOPTED this 17th day of January, 1990. AYES: Alexander, Buquet, Stout, Wright NOES: None ABSENT: Brown De his L~ yor ATT E ST: Ordinance No. 410 Page 8 I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucamonga held on the 3rd day of January, 1990, and was finally passed at a regular meeting of the City Council of the C~ty of Rancho Cucamonga held on the 17th day of January, 1990. Executed this 18th day of January, 1990 at Rancho Cucamonga, Cali fornia. Debra J. Adams, City Clerk