HomeMy WebLinkAboutOrdinances_2293_CCv0001.pdf ORDINANCE NO. 2293
AN ORDINANCE OF THE CITY OF REDLANDS ADDING CHAPTER 12.42 TO
THE REDLANDS MUNICIPAL CODE AND ESTABLISHING GUIDELINES
FOR PHOTOGRAPHY AND FILMING PERMITS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS
FOLLOWS:
Section 1. Chapter 12.42 of the Redlands Municipal Code is hereby added and shall read
as follows:
"Sections:
12.42.010 Purpose and intent.
12.42.020 Definitions.
12.42.030 Permit required.
12.42.040 Exceptions.
12.42.050 Application for permit.
12.42.060 Time for filing application.
12.42.070 Application fee.
12.42.080 Reimbursement of costs to the city.
12.42.090 Application approval conditions.
12.42.100 Issuance of permit.
12.42.110 Term of permit.
12.42.120 Modification, suspension and revocation of permit.
12.42.130 Authority to issue rules and regulations.
12.42.010 Purpose and intent.
It is the purpose and intent of the City of Redlands to encourage the motion picture, television
and commercial still photography industries to utilize the scenic beauty and variety of backdrops
afforded in the City as locations for filming, video taping and/or photographing for commercial
production. It is the purpose and intent of this Chapter to provide the means by which such activities
may be reasonably regulated to preserve the public health and safety and provide for the protection
of property, to not unduly restrict such activities, and to maintain harmonious relations between the
community and those engaged in such activities.
12.42.020 Definitions.
For the purpose of this Chapter only,the following words and terms shall be deemed to mean
and be construed as follows:
A. "Motion picture, television, still photography" shall mean and include all activity
attendant to staging or shooting commercial motion pictures, television shows or programs, and
commercials.
B. "Charitable films" shall mean commercials, motion pictures, television, video tapes, or
still photography produced by a non-profit organization, which qualifies under Section 501(c)(3) of
R
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.
C. "Student films" shall mean commercials,motion pictures,television, video tapes or still
photography produced by an individual currently enrolled as a student at an accredited college or
university. The student shall not,directly or indirectly,receive a profit from the production, showing
and/or marketing of the film.
D. "News purposes" shall mean the filming, video taping, photographing or otherwise
preserving for newspapers or television news broadcasting by reporters, photographers, or
cameramen in the employ of a newspaper, news service,television station or similar entity, of news
events concerning those person, scenes or occurrences which are in the news and are of general
public interest.
E. "Film Permit Officer (FPO)" means an employee designated by the City Manager to
oversee the photography/filming permit process. The Film Permit Officer shall serve as the City's
liaison to the California Film Commission,the San Bernardino-Riverside County Film Commission,
and other such organizations associated with motion pictures,television and still photography. The
Film Permit Officer shall also serve as liaison between the applicant and all city departments
involved in the filming activity.
F. "Studio" shall mean an established or fixed place of business where filming or video
taping for motion picture, television or still photography production is regularly conducted upon the
premises.
12.42.030 Permit Required.
Except as otherwise provided herein, it is unlawful for any person to engage in the business
or activity of filming, video taping or otherwise producing motion pictures, television or still
photography for commercial purposes or public exhibition at any place within the City, other than
at or in an established motion picture, television or photography studio, unless such person has first
been issued a photography/filming permit by the Film Permit Officer.
12.42.040 Exceptions.
The provisions of this Chapter shall not apply to the filming, video taping or the photographing
or otherwise preserving of motion pictures or still photographs:
A. Solely for private or family use;
B. For use in a criminal investigation or civil proceeding;
C. For news purposes.
12.42.050 Application for permit.
A. An application for a film permit shall be submitted to the Film Permit Officer,on a form
which the Film Permit Officer shall furnish, wherein the applicant shall state the following
information:
1. The name of the owner, the address and telephone 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;
5. The name, address and telephone number of the person(s) in charge of such filming
activity;
6. The approximate number of personnel to be involved;
T The approximate amount/type of vehicles/equipment to be involved;
S. Use of any animals, planned stunts or pyrotechnics;
q. Services of City employees desired or required on location during filming;
10. A detailed site plan and parking plan; and
11. Such other information as the Film Permit Officer may deem necessary.
B. The City Manager shall determine the number of fire, police and other City personnel
necessary to ensure that the filming activity does not endanger the health and safety of persons or
property in the area of the filming location, to minimize the disruption to business or residents in the
area, and to minimize traffic congestion.
C. Written permit applications may be filed in person, by mail or by facsimile machine.
Applications submitted on the State Uniform Permit Application and Inland Empire Permit
Application shall be accepted.
12.42.060 Time for Filing Application.
Applications shall be filed with the Film Permit Officer a minimum of two (2) business days
prior to the proposed filming date.
12.42.070 Application fee.
The applicant shall pay a permit fee in the amount established by resolution of the City Council
of the City of Redlands. The permit fee shall be paid to the Film Permit Officer when the application
form is submitted for approval.
A. Charitable films and student films require a permit, but shall be exempt from permit
fees.
B_ To ensure cleanup and restoration of the filming location on public property, the
applicant may be required to post a refundable deposit in an amount not to exceed One Thousand
Dollars($1,000)at the time the application is submitted. Upon completion of filming and inspection
of the site by the Film Permit Officer, all or a portion of the deposit may be returned.
12.42.0$0 Reimbursement of costs to the City.
The applicant shall reimburse the City in an amount necessary to cover the expenses incurred
by the City to provide police, fire and other City personnel and equipment which result from the
issuance of the photography/filming permit and the activities authorized therein. The City Manager
may require the applicant to deposit the estimated cost of such personnel and equipment at the time
the permit application is submitted for approval.
12.42.090 Application approval conditions.
Upon a determination by the City Manager that the activities described in the application form
do not pose a threat to the public health and safety and provide for the protection of property, the
application may be approved. The City Manager may impose such conditions to approval as are
necessary to make such a determination. If such a determination cannot be made, the application
for the photography/filming permit shall be denied.
12.42.100 Issuance of permit.
A. The Film Permit Officer may issue a photography/filming permit to applicant, subject
to the conditions of the approved application, after applicant has:
1. Met all insurance requirements as stated on the Photography/Film Permit Application,
including the provision of a Certificate of Insurance with a minimum $1,000,000 general liability
limit naming the City of Redlands as additional insured; and
2. Fully executing the Photography/Film Permit Application to indemnify,defend and save
the City harmless from any and all claims and liability of any kind whatsoever resulting from or
arising out of the issuance of such permit; and
3. Prepaid permit fees and, if required by City Manager, prepaid estimated costs incurred
by the City for the use of its personnel and facilities, with over-payments to be reimbursed and
under-payments billed for payment to the applicant thirty days after the final day of shooting;
B. Prior to issuance of the permit, the applicant may be required to consult with
neighboring business operators and/or residents and submit with the application suitable evidence
showing that such business operators or residents do not object to the proposed filming activity-
Where is apparent that the filming activity will be unduly disruptive to neighboring businesses
and/or residents, and that any number of business operators and/or residents have not consented to
the filming activity, the City Manager may delay issuance of the permit to determine the reasons,
if any, for opposition to the proposed filming activity.
12.42.110 Term of permit. The term of the permit shall be for such period of time as is necessary
to complete the activities set forth in the application for the permit.
12.42.120 Modification, suspension and revocation of permit.
A. If the activities described in the application form are not completed when the permit
expires, and upon good cause shown, the Film Permit Officer may extend the term of the permit for
a period of time necessary to complete the activities set forth in the application for the permit.
B. The City Manager may temporarily suspend filming activity when police and fire
personnel assigned to the location are required to respond to an emergency elsewhere in the City.
C. A permit may be revoked in the following circumstances:
1. Where there has been a material misrepresentation in the permit application with
respect to the nature of the filming activity, the number of personnel or equipment, or other relevant
matter.
2. If the permittee violates any of the conditions of approval, performs those
activities described in the application for photography/filming permit in a manner that poses a threat
to the public health and safety or the preservation of property, or engages in activities outside the
scope of the activities described in the application.
D. No person shall conduct, or continue to conduct, filming activity after suspension or
revocation of a filming permit.
12.42.130 Authority to establish rules and regulations.
The City Manager is authorized to establish such rules and regulations as are necessary to
realize the purpose and intent of this Chapter. Such rules and regulations shall have as their
objective the protection of the health and safety of the persons affected by the filming activity and
the avoidance of undue disruptions of persons within the area of a filming location.
A. The City Manager may delegate the responsibilities placed upon him by this Chapter
to such subordinate officers and employees."
Section 2. The Mayor shall sign this ordinance and City Clerk shall certify to the adoption
of this ordinance and shall cause it, or a summary of it, to be published once in the Redlands Daily
Facts, a newspaper of general circulation within the City, and thereafter, this ordinance shall take
effect in accordance with law.
Mayor, City of kedlands
ATTEST:
City e r k f
1,Lorrie Poyzer,City Clerk of the City of Redlands,hereby certify that the foregoing ordinance
was duly adopted by City Council at a regular meeting thereof held on the 19th day of September,
1995 by the following vote:
AYES: Councilmembers Foster, Cunningham, Gilbreath, Gil, Mayor Larson
NOES: None
ABSTAIN: None
ABSENT: None
City C rk, Citye ands