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HomeMy WebLinkAboutORD 584r ORDINANCE NO. 584 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT. CALIFORNIA. ADDING CHAPTER 5.94 MOTION PICTURE AND TELEVISION PRODUCTION TO THE PALM DESERT MUNICIPAL CODE. WHEREAS, the State of California established a California Film Commission with the Department of Commerce, and WHEREAS, a goal of the California Film Commission is to promote production of feature films, television shows and commercials within the State of California and thereby reduce the amount of production being attracted to other states; and WHEREAS, the California Film Commission in concert with the motion picture industry and state and local government has established a model process for granting film permits; and WHEREAS, the State of California encourages the adoption of this process to simplify the permitting of production of feature films, television shows and commercials; NOW, THEREFORE, the City Council of the City of Palm Desert, California, in order to encourage and promote film production, does hereby ordain as follows: Section 1. That a Chapter 5.94 be added to the Palm Desert Municipal Code and be titled as follows: Chapter 5.94 Motion Picture and Television Production Section 2. That Section 5.94.010, "Purpose of Chapter", be added to the Palm Desert Municipal Code and shall read as follows: 5.94.010 Purpose of chapter It is the purpose of this chapter to provide for rules governing the issuance of permits for filming activities on location within the city. The intent of this chapter is to ensure that motion picture, television, commercial and nontheatrical filing companies will be encouraged to use locations for filming activities within the city so long as those activities are consistent with the public health and safety and the protection of property. Section 3. That Section 5.94.020 "Definitions" be added to the Palm Desert Municipal Code and shall read as follows: 5.94.020 Definitions As used in this chapter: L01 J ORDINANCE NO. 684 A. "Filming activity" means the filming, video taping, photographing or other similar process conducted for the making of motion pictures, television programs, commercial and nontheatrical film productions. B. "Film permit" means written authorization from the City of Palm Desert to conduct the filming activity described in the permit. C. "News purposes" means a filming activity conducted for the purpose of reporting on persons or events which are in the news for television and other news services. D. "Studio" means a fixed place of business where filming activities are regularly conducted upon the premises. E. "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 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. Section 4. That Section 5.94.030 "Permit required" be added to the Palm Desert Municipal Code and shall read as follows: 5.94.030 Permit required It is unlawful to conduct a filming activity as defined in Section 5.94.020(B) without first obtaining a film permit from the City of Palm Desert. Section 5. That Section 6.94.040 "Permit exemptions" be added to the Palm Desert Municipal Code and shall read as follows: 6.94.040 Permit exemptions The provisions of this chapter shall not apply to any of the following activities: A. Film activities conducted for news purposes as defined in Section 5.94.020 (C); B. Filming activities conducted in a studio as defined in Section 6.94.020 (D); C. Filming activities conducted for use in a criminal investigation or court civil or criminal proceeding; D. Filming or video taping of motion pictures solely for private family use. E. Filming or video taping of charitable films as defined in Section 5.94.020 (E). Section 6. That Section 5.94.050 "Deadline for filming application" be added to the Palm Desert Municipal Code and shall read as follows: 5.94.060 Deadline for filming application 4 W D ORDINANCE NO. 684 A. Applications for a filming permit must be filed with the city at least five business days in advance of the time that the proposed filming activity is to commence. B. Application deadlines may be waived for good cause by the city manager if there is sufficient time remaining to process the application, and for the city to prepare for the requested filming activity. Section 7. That Section 5.94.060 "Application form" be added to the Palm Desert Municipal Code and shall read as follows: 5.94.060 Application form Permit application shall be on a form furnished by the City of Palm Desert. Such form shall request the following information: A. Name, business address and telephone number of applicant: B. The name of the owner, the address and telephone number of the place at which the activity is to be conducted; C. Location(s), date(s) and approximate daily times of proposed filming activity; D. Description of scenes to be filmed including details of any stunts, chase scenes, pyrotechnics or special effects; E. Name of person in charge on location; F. Proof of permission to film on private property within city; G. The exact number of personnel to be involved in the activity; H. Use of any animals or pyrotechnics; I. The exact number, type and description of all vehicles and equipment to be involved or parked on city streets during filming activities. Section 8. That Section 5.94.070 "Permit approval or denial" be added to the Palm Desert Municipal Code and shall read as follows: 5.94.070 Permit approval or denial A. The application shall be approved or denied within the following time periods: I. Within two (2) business days of receipt of application for approval and issuance of "normal" permit. 2. Within four (4) business days of receipt of application for approval and issuance of permit requiring traffic control which exceeds three minutes, stunts or special effects. 3. Within ten (10) business days of receipt of application for approval and issuance of permit requiring road closures. B. The film permit shall be approved by the city unless It is determined from consideration of the application or other pertinent information that any of the following conditions exist: M L01 ORDINANCE NO. 584 1. The filming activity will substantially interfere with the operation of emergency vehicles in the proposed permit area. 2. The filming activity creates a substantial risk of injury to persons or property; 3. The applicant failed to complete the application after being -requested to do so, or the information contained in the application is found to be false in any material detail; 4. The particular filming activity would violate federal, state or local law including license/permit requirements. C. When the grounds for permit denial can be corrected by imposing reasonable permit conditions, the city shall impose such conditions rather than denying the permit. Section 9. That Section 6.94.080 "Permit conditions" be added to the Palm Desert Municipal Code and shall read as follows: 6.94.080 Permit conditions The city may condition the issuance of a filming activity permit by imposing reasonable requirements concerning the time, place and manner of filming activities including but not limited to the following: 1. Requirements for the presence of county sheriff's department, county fire department or city public works department employees when required for the particular filming activity at the applicant's expense; 2. Requirements concerning posting of no parking signs and placement of other traffic control devices at the applicant's expense; 3. Restrictions on the use of gunfire, explosions and other noise —creating or hazardous devices; 4. Restrictions on hours of filming activity; S. Requirements concerning notice to affected property owners of the filming activity. Section 10. That Section 5.94.090 "Fees" be added to the Palm Desert Municipal Code and shall read as follows: 5.94.090 Fees A. A permit application processing fee in an amount established by city council resolution shall be paid by the applicant at the time the application is filed. B. A schedule of fees for city services and use of city property shall be established by city council resolution. The applicant shall prepay such fees prior to issuance of the film permit. 4 ORDINANCE NO. 584 Section 11. That Section 5.94.100 "Change of Filming Date" be added to the Palm Desert Municipal Code and shall read as follows: 5.95.100 Change of filming date Upon reasonable notice by the permittee in advance of the filming activity, the city manager is authorized to change the date for which the film permit has been issued without requiring a new application or application fee. Section 12. That Section 5.94.110 "Insurance" be added to the Palm Desert Municipal Code and shall read as follows: 5.94.110 Insurance A. The applicant for a film permit must possess or obtain liability insurance to protect against loss from liability Imposed by law for damages on account of bodily injury and property damage arising from the filming activity. Such Insurance shall name on the policy or by endorsement as insureds, the City of Palm Desert, its officers, employees and agents. Insurance coverage must be maintained for the duration of the filming activity. Coverage shall be provided by a comprehensive general liability insurance policy in the amount and scope of coverage prescribed by the city council resolution. B. A copy of the policy or a certificate of insurance along with all necessary endorsements on forms provided by the city must be filed with the city not less than three business days prior to the filming activity unless the city manager, for good cause, waives the filing deadline. C. Proof of insurance coverage as specified in subsections A and B of this section must be verified by the city prior to issuance of a film permit. Section 13. That Section 5.94.120 "Indemnification and Liability" be added to the Palm Desert Municipal Code and shall read as follows: 5.94.120 Indemnification and Liability A. Prior to the issuance of the film permit, the permit applicant must sign an agreement to reimburse the City of Palm Desert for any costs incurred to repair or replace city property which Is damaged as the result of the filming activity. B. The agreement shall also provide that the permittee shall defend, Indemnify, and hold harmless the city, its officers, agents or employees from all claims and liability of any kind whatsoever resulting from or arising out of the filming activity or Issuance of the film permit. Section 14. That Section 5.94.130 "Duties of Permittee" be added to the Palm Desert Municipal Code and shall read as follows: 5 o DI ORDINANCE NO. 584 5.94.130 Duties of Permittee A. Each permittee shall comply with all terms and conditions of the permit. Failure to comply with all permit terms and conditions is grounds for permit revocation by the city manager. B. Each permittee shall clean and restore all city —owned property utilized during the filming activity to the same conditions as existed prior to the filming. C. The person in charge of the filming activity shall retain a copy of the film permit on location. Section 15. That Section 5.94.140 "Appeals" be added to the Palm Desert Municipal Code and shall read as follows: 5.94.140 Appeals The permit applicant may appeal a permit denial, permit condition or permit revocation, or refusal to waive a deadline, under this chapter by filing an appeal, within five days of the date of the city decision, with the city clerk. The appeal shall be heard by the city council at its next regular meeting. Section 16. That Section 5.94.150 "Penalties" be added to the Palm Desert Municipal Code and shall read as follows: 6.94.160 Penalties The violation of any provision of this chapter is an infraction. Such violations may also be addressed in a civil action. Section 17. In accordance with applicable state legislation the City Council hereby names the Assistant City Manager/Economic Development Director as the designated person to deal with the motion picture industry and whose responsibilities shall include but not be limited to: 1. The attraction of motion picture production to the City of Palm Desert. 2. Assistance in expediting, to the greatest extent possible, the issuance of all use permits necessary for motion picture, television, or commercial filming within the jurisdiction. Section 18. The City Council shall certify to the passage and adoption of this ordinance and shall cause the same to be printed once in the Palm Desert Post, a newspaper of general circulation, printed, published, and circulated in the City of Palm Desert and the same shall be in full force and effect thirty (30) days after its adoption. L ORDINANCE NO. 584 PASSED, APPROVED and ADOPTED by the City Council of the City of Palm Desert. California, on this 28th day of September. 1989, by the following rote, to wit: AYES: BENSON, CRITES, KELLY, SNYDER NOES: NONE ABSENT: WILSON ABSTAIN: NOSE BCFORD RITES MAY PRO-TEMPORE ATTEST: SHEILA R. GILLIkAN, City Cletk City of Palm Desert, CaliforAia dlg ij