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HomeMy WebLinkAbout2002-10-22 - ORDINANCES - FILMING POLICY (2)ORDINANCE NO. 02-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ADDING CHAPTER 11.46 TO THE SANTA CLARITA MUNICIPAL CODE ESTABLISHING FILMING POLICY follows: The City Council of the City of Santa Clarita, California, does hereby ordain as SECTION 1. Chapter 11.46 is hereby added to Title 11 of the Santa Clarita Municipal Code to read as follows: "11.46.010 Definitions. "Charitable Films" shall mean motion picture, television, or still photography produced by a nonprofit organization, which qualifies under Section 501(c)(3) of the Internal Revenue Code as a charitable organization. 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. "City Produced Public Access Films" shall mean motion picture, television, or still photography produced by or in association with the City. 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. "Motion Picture Television Still Photo a h " shall mean and include all activity attendant to staging or shooting commercial motion pictures, television shows or programs, and commercials and to the taking of single or multiple photographs for sale or commercial use where the photographer sets up stationary equipment in any one location for longer than five consecutive minutes. "News Media" shall mean the photographing, filming or videotaping for the Purpose of spontaneous, unplanned television news broadcast or reporting for print media by reporters, photographers or cameramen. "Student Films" shall mean motion picture, television, or still photography produced to satisfy a course or curriculum requirement at an educational institution. The student filmmaker must supply proof that he/she is currently enrolled. "Studio" shall mean a legally established, commercial, motion picture/television/still photography, place of business where filming activities (motion or still photography) are regularly conducted inside a studio/stage upon the premises. Ordinance No. 02-10 Page 2 11.46.20 Permits and Exemptions. a. Permit Required: No person shall use any public or private property, public right-of-way, facility or residence for the purpose of taking motion pictures or television pictures or still photography without a permit issued pursuant to the provisions of this Ordinance. b. Exemptions: The provisions of this Ordinance shall not apply to or affect: 1. News Media. 2. City Produced Public Access Films 3. Family Video: The filming or videotaping of motion pictures or taking of still photographs solely for private use. 4. Studio Filming: Filming activities (motion or still photography) conducted in a studio. 11.46.30 Rules and Regulations. a. Rules: The City Manager's designee is hereby authorized and directed to promulgate rules and regulations governing the form, time and location of any film activity set forth within the City. He/She shall also set forth the procedures for the issuance of permits. The rules, regulations, and procedures 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. 11.46.40 Applicants and Issuance: Any person desiring a permit under the provisions of this Ordinance shall make application on the appropriate form provided by the City Manager's designee. The form must be signed and accompanied by all required fees, deposits, and insurance certificate required by this Ordinance before it will be processed. a. Issuing Authority: The person or body responsible for issuing permits under this Ordinance shall be designated by the City Manager. Ordinance No. 02-10 Page 3 b. Issuance: The City Manager's designee shall issue, conditionally issue, or not issue a permit as provided for in this Ordinance after consideration of the application and from such other information as may be otherwise obtained. The decision of issuance will be final unless appealed in writing within five (5) working days of the decision by requesting a hearing of the City Manager and/or the City Manager's designated appeal officer at his/her earliest convenience. 11.46.50 Permit Fees. Each application shall be accompanied by: a. A processing fee in an amount to be established by resolution of the City Council to reimburse the City for staff time required to evaluate the application and establish conditions of approval and to monitor the activity. The processing fee shall not apply to or affect: I. Charitable Films 2. Student Films b. A daily property use fee in an amount established by resolution of the City Council to compensate the City for the use of public property and its unavailability for ordinary and usual purposes resulting from the filming activity. The property use fee shall not apply to or affect: 1. Charitable Films 2. Student Films 3. Productions conducted wholly on private, County, or State property where no vehicles or equipment are parked or stored on City property or rights-of-way, where no traffic control measures are required and where the production activity will not in any respect interfere with the use and enjoyment of City property, public streets and neighboring property. 11.46.060 Liability Provisions. a. Liability Insurance: Before a permit is issued, a certificate of insurance will be required in an amount not less than $1,000,000 naming the City of Santa Clarita as an additional insured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage and to indemnify the City for damage to City property arising out of the permittees' activities. The certificate shall not be subject to cancellation or modification until after thirty days written notice to the city. Such insurance shall be evidenced by the standard General Liability Special Endorsement Form mandated by the California Film Commission. A copy of the certificate will remain on file. Ordinance No. 02-10 Page 4 b. Worker's Compensation Insurance: An applicant shall conform to all applicable Federal and State requirements for Worker's Compensation Insurance for all persons operating under a permit. c. Performance Deposit: To ensure cleanup and restoration of the site, an applicant may be required to post a refundable deposit, or cash in lieu of bonds, (amount to be determined) at the time application is submitted. Upon completion of filming and inspection of the site by the City, the deposit may be returned to the applicant. 11.46.070 Violation. If an applicant violates any provisions of this Ordinance or a permit issued pursuant thereto, the City may cancel the permit. Violation of the terms and conditions of the film permit is considered a misdemeanor. And a penalty fee may be assessed." SECTION 2. If any part of this Ordinance is held to be invalid, that portion shall be stricken and severed, and the remaining portions shall be unaffected and remains in full force and effect. SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED AND ADOPTED this 22nd day of October, 2002. 1-e— MAYOR ATTEST: CITY CL:ERI_ Ordinance No. 02-10 Page 5 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 02-10 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 8th day of October, 2002. That thereafter, said Ordinance was duly passed and adopted at regular meeting of the City Council on the 22nd day of October, 2002, by the following vote, to wit: AYES: COUNCILMEMBERS: McLean, Kellar, Smyth, Weste, Ferry NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Qx CITY CLERK