Ordinance No. 704 - Filming and Video TapingORDINANCE NO. 704
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ROSEMEAD
ESTABLISHING A PROCEDURE FOR THE
ISSUANCE OF PERMITS FOR FILMING
AND VIDEO TAPING
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. A new chapter - Film Permits - is hereby added to the Rosemead
Municipal Code to read as follows:
4401. Film Permits Purpose and Intent.
This Chapter is intended to provide permit requirements and
procedures to facilitate filming within the City of Rosemead, to assure that
such activity is consistent with the public health, safety, and general welfare
and the protection of property.
• 4402. Film Permits Required.
Except as otherwise provided, it shall be unlawful for any person to
engage in the business or activity of filming, video 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 in 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
Coordinator. The Film Permit Coordinator for the City of Rosemead shall
be the City Manager or his designee. Any person interested in filming
shall complete in full a film permit application as stated in this chapter and
provide to the City all the information requested therein.
• The following uses-are exempt from the provisions of this chapter:
. a. The filming or video taping of motion pictures
solely for private or family use;
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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)
to be viewed within 24 hours;
d. Education, Government and Public Access and
Local Origination programs for cable television systems
franchised within the City;
e. Any other activity deemed in the public interest by
Film Permit Coordinator.
4403. Application.
An applicant must submit a permit request on a City Application
form as 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 must keep a copy of the
permit posted on-site in a conspicuous place at all times.
4404. Fees.
Application fees and estimated use fees shall be paid at the time of
application. The fees are hereby established to be $100.00 for the first day
of filming, and $50.00 per day for each day of filming thereafter.
4405. Notification.
• It shall be the responsibility of the applicant to provide the following
notification to affected persons:
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a. Written authorization from all property owners on
whose property filming will occur as part of the film permit
application.
b. If filming in residential areas is to occur between
the hours of 10:00 p.m. and 6:00 a.m. then notification to all
residents within 300 feet shall be required on a designated
City form; and
c. Filming activities that exceed 2 days including
preparation, shooting and strike, shall require notification to
all residents and business within 300 feet on a designated
City form.
d. Response to notification shall be evaluated as part
of the Film Permit Coordination review.
4406. Rules and Regulations.
The Film Permit Coordinator shall review the application and may
impose conditions with respect to the following criteria:
• a. The health and safety of all persons;
b. Avoidance of undue disruption of all persons
within the affected area;
c. The safety of property within the City; and
d. Traffic. congestion at particular locations within the
City.
4407. Specific Circumstances.
In addition to the criteria listed in Section 4406, the City shall also
• investigate the application with respect to the following special
circumstances and may impose conditions if warranted:
a. Noise. Filming activities which produce unusual
noise such as gunfire, sirens, public address systems, bull
horns, or any other loud noises, may be regulated to mitigate
the effects of the activity. _
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b. Aircraft. Helicopter landings or filming from the
air are not permitted without explicit written permission from
the City Manager. The written authorization shall be filed
with the application.
c. Public Safety Personnel. Police and/or fire
personnel requirements shall be determined by those
departments and any personnel required shall be at the
permittee's expense. Additional Public Safety employees
shall enforce all City regulations and are employees of the
City, not the movie company.
d. Clean-up. The permittee shall conduct operations
in an orderly fashion with continuous attention to the storage
of equipment not in use and the cleanup of trash and debris.
The site shall be returned to its original condition at the
conclusion of filming before leaving the site. The applicant
may be required to post a refundable bond to ensure cleanup
and restoration of the site.
e. Roads and Streets. If the applicant must park
equipment, trucks, and/or cars in zones that do not permit
parking, the permittee must also obtain permission to string
• cable across sidewalks, or from the generator to the service
point.
f. Traffic Control. For filming that would impair
flow, the applicant must use California Highway Patrol
(CHP), County Sheriff or local law enforcement personnel
and comply with all traffic control requirements deemed
necessary. All interruptions of normal pedestrian or
vehicular traffic must be authorized on the permit. The
permittee shall obtain all necessary permits and approvals
from the State Department or Transportation (Caltrans) prior
to filming on a State Highway.
•
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4408. Insurance.
The applicant shall, at its sole expense, provide the City with
evidence of insurance for General Liability and Worker's Compensation
benefits for accidents or injuries which occur or are sustained in the course
of carrying out this activity. The applicant must provide insurance with a
minimum limit of $1,000,000 combined single limit. This Certificate of
Insurance must name the City as additional insured.
4409. Hold Harmless.
The applicant shall agree to indemnify, defend and hold the City
free and harmless from any and all liability, claims, damages or injuries to
any person, including injury to the applicant's employees and all claims
which arise from or are connected with the negligent and all claims which
arise from or are connected with the negligent performance of or failure to
perform work or other obligations of the permitted activity, or are caused
or claim to be caused be the negligent acts of the City, its agents or
employees, and all expenses of investigating and defending against the
same.
• 4410. Permits Amendments.
Minor additions, corrections or alterations to a permit shall be made
available by way of application for an unlimited number of amendments,
also known as "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.
4411. Suspension.
Any film permit issued pursuant to the terms of this chapter shall be
subject to immediate suspension if it is found necessary for the protection
• of the public health, safety or general welfare. In the event of such a
suspension, the film permit coordinator shall within one working day cause
to be served upon the permit holder a written statement containing the
grounds for suspension. The permit holder may appeal to the City Council
for a public hearing regarding the suspension.
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4412. Revocation.
The City Council may revoke a film permit issued pursuant to this
chapter under the following circumstances:
a. Where it is determined that the permittee violated
or failed to comply with any of the applicable ordinances,
resolutions, or regulations of the City;
b. Where it is determined that the permittee violated
or has failed to comply with any of the terms or conditions of
the film permit;
c. Where it is determined that the film permit was
granted pursuant to false or fraudulent information contained
in the film permit application;
d. Where it is subsequently determined that the
filming activity will fail to meet the criteria enumerated in
this chapter for granting a film permit; or
e. Where it is determined that the preservation of the
public health, safety and general welfare demand revocation
• of the permit.
4413. Violation and Penalties.
It shall be unlawful for any person, firm, or
corporation to engage in the business or activity of filming,
video 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 in 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 Coordinator.
Any person, firm, or corporation violating any of the
provisions of this chapter shall be deemed guilty of a
misdemeanor, and each such person shall be deemed guilty
of a separate offense for each and every day or portion
thereof during which any violation of any of the provisions of
said chapter is committed, continued, or permitted, and upon
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conviction of any such violation, such person shall be
punishable by a fine or not more than one thousand
($1,000.00) dollars or by imprisonment in the County Jail for
a period of not more than six (6) months, or by both such
fine and imprisonment.
Section 2. The City Clerk shall certify to the adoption of this
Ordinance.
PASSED APPROVED and ADOPTED this 23rd day of June
1992.
MAYOR
ATTEST:
CITY' CLERK
•
I hereby certify that the foregoing Ordinance No. 704;`was
introduced at a regular meeting of the City Council of the City of
Rosemead held on the 9th, day of June , 1992, and was duly
adopted by said City Council at their regular meeting held on the 23rd day
of June , 1992, by the following vote:
YES: Taylor,.Clark, Vasquez, McDonald
NO: None
ABSENT: Bruesch
ABSTAIN: None/' I
CITY CLERK
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