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HomeMy WebLinkAboutORD-22-97 Repeal & Add New Ch 5.45 Filming ActivitiesORDINANCE NO. 22- 97 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE REPEALING CHAPTER5.45 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City Council of the City of Orange does hereby ordain as follows:SECTION I:Chapter5.45 of the Orange Municipal Code is repealed in its entirety.SECTION II:A new Chapter5.45 of the Orange Municipal Code is added to read as follows:Sectio! li:5.45. 0105.45. 0205.45. 0305.45. 040 5.45. 0505.45. 0605.45. 070 5.45. 0805.45. 090 CHAPTER5. 45 FILMING ACTIVITIES Definitions Permit--Required Permit Application and Review PermitApplication, Location/Lease and Expense Fees Rules and Regulations Requirements for Granting Application General Permit Conditions Insurance Notification andAppeals 5.45.010 Definitions A. "Filming," as used in this chapter, means and includes all activity attendant to staging or shooting motion pictures, television shows or programs,conurercial 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.B. "Conurercial films," as used in this chapter means and includes all activity attendant to filming any entertainmenl or advertising programs for any media now known C. "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 J:ilms, tapes or photos. D. "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. E. "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. 545020 Permit--Required. A. 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 :alms without first applying for and receiving a permit from the City Manager or hislher designee, provided that the provisions of lhis chapter shall not apply to or be construed to affect (I) news media and (2) filming solely for private- family use B. No person shall use any private property for Ihe purpose of making commercial films without first applying for and receiving a pernut from the City Manager or hislher 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 9815;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.545030 Permit Apolication and Review A. Each application for filming under this chapter must be completed in full and filed with the City Manager or hislher designee.B. Each application must include the following infonnation:I. 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 dismptive 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 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 lm.omldtion as the, City Manager or hislh~r desigI.ee n:ay reasonably require. C. The pennit application shall be in a foml the City Manager or hislher designee may reasonably require. In lieu of the foregoing, the applicant may submit the pennit application on the form adopted and in use by the Orange County Film Commission D. The City Manager or hislher 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 hislher designee shall issue a pennit under this chapter if it is detennined 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 pennit area, or adversely affect the City's ability to perfonn municipal functions or furnish City services in the vicinity of the pennitted 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 hislher designee shall deny the pennit if the conditions of this chapt,er and all applicable laws and regulations have not been met or if the application contains incoITIplete or false information. G. The City Manager or hislher designee may immediately revoke or suspend a pennit 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 detennined to be, false or incomplete, or if any substantial change in circumstances results in the proposed use becorning detrimental to the public peace, health, Safl:ty or general welfare. 5.45.040 Permit Application. Location/Lease and Expense Fees. A. A application fee, as detennined by City Council resolution, shall accompany an application for any pennit 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 pennittee filming under this chapll,r 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 permitte,d 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 hislher designee, for City personnel or equipment provided to or for the permittee for the purpose of a.ssisting or providing security, protection, public: safety or other City services to or for the permitte,e 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 5.45.050 Rules and Regulations A. In addition to the requirements of this chapter and all other applicable laws, mles and regulations, the City Manager or hislher 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 olher public prope; ty which are necessary and appropriate under the circumstances. B. Rules: The City Manager or hislher 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 applicanl, the City Manager or hislher 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. 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 shan 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. 1 ilereafter, the permittee shall remain in full compliance with all such City, State and federal laws. regulations and ordinances, permits and licenses throughout the filming. 5.45.070 General Permit Conditions Any applicant granted a permit pursuant to this chapter shall comply with all of lhe following condilions 4 A. The permittee will be required to submit an application for a permit with sufficient advance notice to allow for the appropriate re~iew of the application. If the filming requested interfi:res with traffic or may affect public safety, an application shall be submitted at least five (5) businc~ss days in advance. B. The permittee is required to obtain the property owner's and business ownerW~ (if applicable) prior written pemu>sio.., won,ent, 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 pennit 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 enfon:ement personnel designated by the City Manager or hislher 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 trafficand/or stopped intermittently. The period of timt~ that traffic may be restricted will be determined by the City's Police Chief or hislher designee, based on location and other factors deemed relevant. When necessary cirwmstances 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 II 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 crewsand/or private contractors, under permit or contract to the appropriate City department, shall have priority over filnung activities.E. Notwithstanding anything to the contrary contained in Chapter 12.58 of this code, the City Manger or hislher designee may restrict the us,e of, or close, any City street wherever the City Manager or hislher designee considers such restriction of use necessary and appropriate under this chapter.F. When parking in a City-owned parking lOot or metered City- controlled public parking,the pe:rmittee 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 hislher designee. No relocation, alteration, or moving of City- owned structures or property will b'e permitted without prior approval of the City Manager or hislher designee.G. The permittee shall conduct operations in al 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 mstored to 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 hislher designee, shall repair the damage or reimburse the City for all expenses related to such damage. 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 andl 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 sufficier,t coverage that the City Manager or hislher designee determines to be necessary and adequate under the circumstances. Proof of insurance in a form acceptable to the City's Risk Managt,r shall be submitted to the City in advance of the issuance of the permit. The City Manager or hislher designee may waive the requirement of insurance or a particular type of coverage if the City Manager or hislher 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 Df 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 hislher 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 hislher designee, the guarantee or security will be returned to the permittee. 5.45.090 Notification and Appeals. A. The City Manager or hislher 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 fiv,e (5) business days following the date of filing of the application. The applicant shall be immediatdy notified of the action of approval, denial or revocation of the permit application or permit issued under this chapter. I. 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 hislher designee under this chapter shall have the right to appeal any such decision to the City Council. I. 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 6 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 dat", time and place of the hearing to the applicant/appellant. Pric~ to suer. hearmg, th~ City Managersh:1l1 transmit to the City Clerk a report of hislher 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. SECll0Nm: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,sentenlce, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECll0NIV:A summary of this Ordinance shall be publish"d 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 Offic~: 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 I 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 25th day of __November --' 1997. 7 7 Iii / ;' / M~~~ Y;~:O~;:k N'7Z;J /vi ATTEST:aA~ aA-~d 0~-t-City Clerk ofth C of Orange STATE OF CALIFORNIA )COUNTY OF ORANGE )CITY OF ORANGE )I, CASSANDRA 1. CATHCART, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at th(~ regular meeting of the City Council held on the. 28th day of October. ' 1997, and thereafter at a regular meeting of said City Council duly held on the 25th _ day of November, 1997, was duly passed and adopted by the following vote, to wit:AYES: COUNCIL MEMBERS MURPHY, SLATER, COONTZ. SPURGEON, ALVAREZ NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ABST AIN: COUNCIL MEMBERS' NONE of Orange TJR:dg Ord No. 22-97 8