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HomeMy Public PortalAboutOrdinance 681ORDINANCE NO. 681 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, ADDING CHAPTER 5.38, SECTIONS 5.38.010 THROUGH 5.38.070, INCLUSIVE, TO THE BEAUMONT MUNICIPAL CODE, ESTABLISHING FILMING PERMIT PROCEDURES AND FEE SCHEDULE. THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1: Beaumont Municipal Code, as follows: Chapter 5.38 is hereby added to the Sections: 5.38.010 5.38.020 5.38.030 5.38.040 5.38.050 5.38.060 5.38.070 CHAPTER 5.38 FILMING PERMITS Definitions Permits and Exemptions Rules and Regulations Applications and Issuance Fee Schedule Liability Provisions Violation 5.38.010 Definitions. For the purposes of this chapter, the following words shall have the meanings set out in this chapter. 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 nonprofit 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. C. "News Media" shall mean the filming or video taping for the purpose of spontaneous, unplanned television news broadcast by reporters, photographers or cameramen. 5.38.020 Permits and Exemptions. A. Permit required. No person shall use any public or private property, facility or residence for the purpose of taking commercial motion pictures or television pictures or commercial still photography without first applying for and receiving a permit from the officer designated by the city. Exemptions: (1) News Media: The provisions of this Chapter shall not apply to or affect reporters, photographers or cameramen in the employ of a newspaper, news service, or similar entity engaged in on -the -spot broadcasting of news events concerning those persons, scenes or occurrences which are in the news and of general public interest. (2) The filming or video taping of motion pictures solely for private -family use. (3) Charitable Films: Projects which qualify under Section 501(c))3) of the Internal Revenue Code. Page 1 Ordinance 681 5.38.030 Rules and Regulations. A. Change of Date: Upon the request of the applicant, the issuing authority shall have the power, upon a showing of good cause, to change the date for which the permit has been issued provided established limitations are complied with in respect to time and location. B. Rules: The designated City Officer is hereby authorized and directed to promulgate rules and regulations, subject to approval by resolution of the Council, governing the form, time and location of any film activity set forth within the City. He shall also provide for the issuance of permits. 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. 5.38.40 Applications and Issuance. A. Issuing Authority: The issuing authority shall be the City Manager, or his designee. B. Applications: The following information shall be included in the application: 1. The name of the owner, 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; 5. The name, address and telephone number of the person or persons in charge of such filming activity; involved. C. required. 6. The exact number of personnel to be involved; 7. Use of any animals or pyrotechnics; and 8. The exact amount/type of vehicles/equipment to be Use Fees: No use fees or business license fees are D. Reimbursement for Personnel. The production company shall reimburse the City for any personnel provided to the company (i.e., police, fire, traffic) for the purpose of assisting the production. 5.38.050 Fee Schedule. A. Application and Permit Fee. $75.00 B. Use of City personnel and equipment for traffic control, closure of streets, and any other assistance needed. A deposit may be required, based on activity, if actual cost cannot be determined at start of filming. Page 2 Actual Cost Ordinance 681 5.38.060 Liability Provisions. A. Liability Insurance: Before a permit is issued, a certificate of insurance will be required in an amount not exceeding $1,000,000 naming the City as a coinsured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage. The City officers and employees shall be named as additional insureds. The certificate shall not be subject to cancellation or modification until after thirty days written notice to the City. A copy of the certificate will remain on file. B. Workers' Compensation Insurance: An applicant shall conform to all applicable Federal and State requirements for Workers' Compensation Insurance for all persons operating under a permit. C. Faithful Performance Bond: To ensure cleanup and restoration of the site, an applicant may be required to post a refundable faithful performance bond (amount to be determined based on the activity) at the time application is submitted. Upon completion of filming and inspection of the site by the City, the bond may be returned to the applicant. 5.38.070 Violation: If an applicant violates any provision of this ordinance or a permit issued pursuant thereto, the City may cancel the permit. Violation of the terms and conditions of the film permit is considered a misdemeanor. SECTION 2: This Ordinance shall take effect thirty (30) days after its final passage as provided by law. SECTION 3: The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published once in the Record -Gazette, a newspaper of general circulation in the City of Beaumont. 1989. ATTEST: CITY CLER MOVED, PASSED AND ADOPTED this 5th day of December APPROVE AS TO FORM: li/46I C TY ATTOR Y MAYOR OF THE CITY OF BEAUMONT Page 3 Ordinance 681 CERTIFICATION I� Robert J. Bounds , City Clerk of the City of Beaumont DO HEREBY CERTIFY that the foregoing Ordinance was introduced at a regular meeting of the City Council of said City held on the 13th day of Nnvamhar , 1989, and was duly adopted upon second reading on the 51-h day of December , 1989, upon the following roll call vote: AYES: Council Member Bauer, Leja, McLaughlin, Parrott and Mayor NOES: None. Connors ABSTAIN:None. ABSENT: None. i' S f A L1', V ti E _fns/ N Page 4 CITY CLE , CITY OF BEAUMONT