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