HomeMy WebLinkAboutORD-52-80 GOVERN FILM MAKING MOTION PICTURES AND TV PRODUCTIONS IN THE CITY OF ORANGECITY NEWS: P lease publish WEDNESDAY, September 17 1980 1 d1kIonvan und PROOF "ndOFPUBLICATIONtoC1tyCer , P.O. Box 449, Orange, Californi~ 92.666.
MARILYN J. JENSEN, CITY CLERK
ORDINANCE NO. 52-80 AN ORDINANCE
OF THE CITY
COUNCIL OF THE CITY OF ORANGE ADDING CHAPTER5.45 TO THE ORANGE MUNICIPAL CODE TO GOVERNFILM1AKING, MOTION PICTURES AND TV
PRODUCTIONS IN THE CITY OF ORANGE.WHEREAS, the City Council of
the City of Orange finds that film-making, motion pictureandTVproductionsareutilizingtheCityofOrangeonamorefrequentbasis; and WHEREAS, the City Council
of the City of Orange finds that numerous cities regulate
such productions within their city limits; and WHEREAS,
in order to
insure minimum inconvenience to the public and to
the local merchants, and to provide proper services to motion pictureandTVprOductions, the City Council finds it isinthebestinterestoftheCityofOrangetoregulatesuch
productions.NOH, THEREFORE, THE CITY
COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS:
SECTION I:A new
Chapter 5.
45, Sections 5.45.010 through 5.45.110,is hereby added to
the Orange Municipal Code to read as follows:Chapter 5.45
FILM
MAKING/MOTION PICTURES/
TV PRODUCTIONS PERMIT FEES AND REQUIREMENTS
Section 5.45.010
5.
45.020 5.
45.030 5.
45.040 5.
45.050 5.
45.060 5.
45.070 5.
45.080 5.
45.090 5.
45.100 5.
45.110 5.
45.010 Definitions
Permit-Required Permit-
Application . .
Investigation
of
Appl~cat~on Permit Issuance
Indemnif ication
Permit Denial
Permit-Fees
Cost
of Additional City Services Liability
and Property Damage Insurance Powers
of City Council Definitions.
For
the purpose of this section, film making, motion pictures, and TV productions include th~i~~
r~*op~~~tp~ot~_screenstory, whether based on fact or a
hi~ film graphingofsaidstorybym7ansOfdP~~;O~~t~
ing, sco~ing,magnetictapeorotherdev~ce, an .editing,
and final preparation of the p~cture.
5.45.020 Permit - Required.No
per~on o~ organization in the business of film maklng, motlon plctures, or TV productions shall conduct samewithouthavingfirstappliedforandobtained, a permittodosoasprovidedherein. '5.
45.030 Permit - Application.Appli~atio~
for permits to make, package or process fldlmsh ~~t~
onf~11cdtur7s or TV productions shall be in writing an sae17wlththecitymanagernotlessthanfour~een.days prlor to ~he opening date of such event. An appllcatlon shallcontalnthefollowinginformation:a) Name
of applicant;b) Addres~
a~d telep~one number of applicant;c) Area
wlthln the Clty where activity is to take place, ~ncluding
the cornmon street address, if approprlate;d)
Time
and dates for which the permit is requested;e) Agreement ~
hat any use of city personnel or equip-ment usedlnconnectionwiththeactivitywillbepaidfor
by permittee, and that the city shall be compensated for
any loss or damage to the city property; and
f) Agreement
to clean and restore the property to its condition prior
to its use as a location site.g) Such
other information as shall be required by the city manager.
5.45.
040 Investigation of Application.Before issuing
a permit for film making and motion pic-tures or
TV productions the city manager shall cause an investigation to
be made regarding the application and shall have the
findings set forth in writing and attached to the applica tion.
5.45.
050 Issuance of permit.If the
city manager determines, after the investigation,that all
applicable provisions of the law and of the Orange Municipal Code,
including the provisions herein, are, or will be,
complied with, he shall issue a permit if he finds that:a)
The
conduct of such activity will not unduly interfere with
traffic or pedestrian movement, or tend to interfere with
or endanger the public peace or rights of nearby residents
to the quiet, peaceab~e and unmo~ested enjoyment of
their property, or otherwlse be detrlmental to the public
peace, health, safety or general welfare.b) The
conduct of such activity ~ill not u~duly interfere with
normal governmental 0: clty operat70ns,threaten to
result in damage or detrlment to p~llC pr?perty,or result
in the city incurring costs or expendlture? ln either money
or personnel not reimbursed by the appllcant.2 -
c) The conduct of such activity will not constitute aflrehazard, and all proper safety precautions will betaken.
The conduct of such activity will not require the
dlverslon of so great a number of police officers of the
city to properly police the area of such activity as tointerferewithnormalpoliceprotectionforotherareas of
the city.
5.45.060 Indemnification.
Such permit shall contain a provision whereby the
permittee guarantees to defend, indemnify and hold harmless
the city, its officers, boards, commissions, agents and
employees, and each of them, against and from any and all
claims, de~ands, actions, suits, liabilities and judgments
of every klnd and nature, and regardless of the merit of the
same, arising out of or related to the exercise of enjoyment
of any permit granted pursuant to the provisions of this
chapter, including costs of investigations, attorney's fees
and court costs in the defense of any actions, to the extent
that such claims or demands are alleged to be the result of
an error, omission, intentional act or negligent act of
grantee or any persons employed by permittee, even if that
permittee employee is in error or by misinformation alleged
to be a city employee.
5.45.070 Denial of permit.
In the event of denial, the applicant shall be informed
in writing and the reasons therefor.
5.45.080 Permit fees.
a) Filing fee. Each application shall be accompanied
by a filing fee of one hundred dollars ($100.00).
b) Permit fee. A nonrefundable permit fee of two
hundred fifty dollars ($250.00) shall be paid by permittee
for each day that activity is conducted. Such fee shall
Cover use of any property described in the applica~ion for ,
permit for the purpose of photograph~ng and reC?r~lng exterlor
and interior scenes including the rlght to exhlblt all or
any part of such motion picture production throughout the
world in any manner or medium. such. fee sha~l als,? cover
the right to bring personnel and eqUlpment, ,lncl~dlng props
and temporary sets, onto the property descrlbed In the,
applica tion for permit, and such personnel and all equlpment
belonging to said permittee shall be removed th7refrom at
the time the project is completed, or at such tlme as the
City Manager deems appropriate.
5.45.090 Cost of additional city services.
If deemed necessary by the city manager/ addi~ional
Police fire and other city services shall be pr,?Vlded for
the pu~pose of protecting, assisting,~~d r:~~~a~~~rti~~al
proposed activity. The cost of provl lng ,
services shall be paid to the city by the appllcant.
3 -
5.45.100 Liabili ty and property damage insuranE_~~,.
Prior tO,the onset of, any film making, motion picture
or TV pr~ductlon, the ap~llcant shall furnish certificates
to the Clty manager showlng that there is in full force and
effect li~b~lity and property damage insurance covering
every actlvlty of the proposed event in a minimum amount of
three hundre~ thousand dollars for death or injury to one
person and flve hundred ~housand dollars for death or injury
of more than one person In anyone accident, and fifty
thousand dollars property damage, or, in such additional
amount as deemed necessary by the city manager. The per-
mittee shall maintain in full force and effect during the
term of the permit an adequate worker's compensation policy
and such other insurance as may be required by law. The
policies shall name the city as an additional insured and
shall contain an endorsement providing that such policies
will not be cancelled, modified or reduced in limit until
notice in writing shall have been given to the city at least
ten days prior to the time of such cancellation, modification
or reduction in limit becomes effective. The permittee's
insurance shall be considered primary insurance, not con-
tributing with and not in excess of insurance carried by
the city.
5.45.110 Powers of City Council.
A. The City Council shall have the power to review
any action taken by the city manager in denying any appli-
cation for a permit and shall have the power to revoke a
permit granted by the city manager, when, in opinion of the
City Council, such action on its part is in the public
interest.
B.
cation,
to such
When the City Council has acted upon any appli-
all of the regulations set forth herein shall apply
event.
SECTION II:
The City council hereby declares that it would have
passed this ordinance sentence by sentence, paragraph by
paragraph, and section by section, and does hereby declar7
that the provisions of this ordinance are sever~ble and',lf
for any reason any sentence, paragraph, 0: ~ectlon of thlS
ordinance shall be held invalid, such deClSlon s~all n~t
affect the validity of the remaining parts of thls ordl-
nance.
SECTION III:
Any person violating any of the provisio~s of th~s
h' h' not otherwlse provldedordlnance, punlshment for w lC lS ,
d
herein shall be deemed guilty of a mlsdemean~r, an upon
h ble by a flne of not more
conviction thereof shall be punls a ,
f r a
than $500 or by imprisonm7nt in the coun~~ ~al;
ot~ such fine
period of not more than SlX (6) months, Y
and imprisonment.
4 -
SECTION IV:
This ordina~ce shall be published once within fifteen
15) days after ltS pa~sage in the Orange City News, a
ewspape7 of general clrculation, published and circulated
1Il the Cl ty of Orange, and shall take effect thirty (30)
days from and after the date of its final passage.
ADOPTED this 9th day 0
ATTEST:
Ci~
Ci?:~
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) 5S
CITY OF ORANGE )
I, MARILYN J. JENSEN, City Clerk of the City of Orange,
California, DO HEREBY CERTIFY that the foregoing ordinance was
introduced at a Regular meeting of the City Council duly held
on the 19th day of August, 1980, and thereafter at a Regular
meeting of said City Council duly held on the 9th day of
September, 1980, was duly passed and adopted by the following
vote to wit:
NOES:
ABSTAINED:
ABSENT:
COUNCIlJ.1EN:
COUNCILMEN:
COUNCILMEN:
Barrera, Smith, Mayor Beam, Perez,
Beyer
None
None
None
AYES:COUNCILMEN:
WITNESS my hand and seal this lOth day of September, 1980.
4It~~/~' 9- ~~~
L.-_~
MARILYN
J. JENSEN,City
Clerk of the City of Orange 5-