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.
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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.
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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
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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.
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CITY CLE , CITY OF BEAUMONT