HomeMy WebLinkAbout31-City Attorney
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CrTV OF SAN BI!RNfRDINO
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- RI!QUI!ST FOR COUNCIL ACTION
F.
JAl'I.ES F. PENMAN
Subject: ORDINANCE OF THE CITY OF SAN
BERNARDINO ~mNDING CHAPTER 12.64
OF THE.SAN BERNARDINO MUNICIPAL
CODE PROVIDING FOR HOTION PICTURE
AND TELEVISION PRODUCTION PERMITS
Dept:
City Attorney
Date:
September 13, 1990
Synopsis of Previous Council action:
7/15/85 Ordinance MC 466 adopted allowing for the issuance of
filming permits.
10/19/89
Recommended by the Legislative Review Committee for
approval by the Mayor and Common Council.
Recommended motion:
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Adopt Resolution.
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That further reading be waived and the ordinance laid
over for final adoption.
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Signature
Contact person:
Diane C. Roth, Deput1' City Attornephone:
5162
ISupporting data attached:
'FUNDING REQUIREMENTS:
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Ward:
Amount:
Source: (Acct. No.)
(Acct. Descriotion)
Finance:
c~ .il Notes:
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CITY OF SAN BERNARDINO
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- REQUEST FOR COUNCIL ACTION
STAFF REPORT
AS 4680 requires each city to adopt a filming permit ordinance
and to provide a copy of the proposed ordinance to the California
Film Commission for approval before adoption. The purpose of
the legislation is to assure uniformity in local regulation and
as close' to a one-stop permit approach as possible.
Attached proposed ordinance and resolution were approved by
the Film Commission on September 13, 1990.
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
2 12.64 OF THE SAN BERNARDINO MUNICIPAL CODE PROVIDING FOR MOTION
PICTURE AND TELEVISION PRODUCTION PERMITS.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
4 DO ORDAIN AS FOLLOWS:
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SECTION 1.
San Bernardino Municipal Code Section
6 12.64.010 is hereby amended to read as follows:
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"12.64.010 Purpose
8 "It is the policy of the City of San Bernardino to permit
9 the motion picture and television production industry to utilize
10 the variety of backdrops afforded within the City of San Bernar-
11 dino as locations for motion picture, television or still photog-
12 raphy for commercial production so long as the use of locations
13 within the City does not unreasonablY, interfere with the public
14 health and safety or unreasonably endanger any property. It is
15 the purpose of this Chapter to provide for rules and regulations
16 governing the issuing of permits for motion picture, television
17 or still photography on location within the City in order to
18 ensure that production companies wishing to use locations within
19 the City will not be unduly restricted so long as their activi-
20 ties in this regard are not inconsistent with considerations of
21 the public health and safety and the protection of property."
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SECTION 2.
Section 12.64.015 is hereby added to the San
23 Bernardino Municipal Code as follows:
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"12.64.015 Definitions.
"A. 'Motion picture, television, still photography' shall
26 mean and include all activity attendant to staging or shooting
27 commercial motion pictures, television shows or programs, and
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commercials, on film or video tape, or by any available
technology.
"B. 'Charitable films' shall mean commercials, motion
pictures, television, video tapes, or still photography produced
by a nonprofit organization, which qualifies under Section
SOl(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 of photographs.
"C. 'News Media' shall mean the filming or video taping
for the purpose of spontaneous, unplanned television news broad-
cast by reporters, photographers or cameramen."
SECTION 3.
Section 12.64.020 of the San Bernardino
Municipal Code is hereby amended to read as follows:
"12.64.020 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 of commercial still photography
without first applying for and receiving a permit from the City
Administrator.
SECTION 4.
Section 12.64.030 of the San Bernardino
Municipal Code is hereby amended to read as follows:
"12.64.030 Exemptions.
"The provisions of this Chapter shall not apply to:
"A. The filming or video taping of motion pictures or
still photography, whether by a private individual or a commer-
cial photographer, solely for private or family use;
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"B. The filming or taping of motion pictures or still
photography for use in a criminal investigation or civil judicial
or administrative proceedings;
"C. News Media: Filming, televising, taping or still
photography by 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;
"D. A motion picture, television or commercial photog-
raphy studio operating at an established or fixed place of
business in the City;
"E. Charitable films: No permit fee shall be required
for projects which qualify under Section 50l(c)(3) of the
Internal Revenue Code; provided, however, that a permit as
required by this Chapter shall be required."
SECTION 5. Section 12.64.040 of the San Bernardino
Municipal Code is hereby amended as follows:
"12.64.040 Application Form.
"The City Administrator shall furnish an application for
such permit. Such application shall include the following
information:
"A. Full name of applicant;
"B. Business name of applicant;
"C. Business address of applicant;
"D. Business telephone number of applicant;
"E. Specific location(s) at which the activity is to be
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conducted;
"F. Date(s) and time(s) such activity will transpire;
"G. The exact amount/type of vehicles and equipment to be
involved, including the make, type and license numbers of all
motor vehicles that applicant, its agents or employees will park
on City streets or parking lots during filming;
"H. Name, address and telephone number of person in
charge on location of such activity;
"I. Exact number of personnel to be involved;
"J. Use of any animals or pyrotechnics; and,
"K. A general statement of the character or nature of the
proposed filming activity."
SECTION 6. Section 12.64.050 of the San Bernardino
Municipal Code is hereby amended to read as follows:
"12.64.050 Time for Filing Application.
"An application shall be presented to the
Administrator at least two (2) working days in advance
approval and issuance unless extended as follows:
"A. Four (4) working days in advance for traffic control
which exceeds three minutes, stunts or special effects;
"B. Ten (10) working days in advance for a road closure."
SECTION 7. Section 12.64.070 of the San Bernardino
Municipal Code is amended to read as follows:
"12.64.070 Fees.
City
for
"Fees for the issuance of permits required by this Chapter
shall be set by resolution of the Mayor and Common Council."
SECTION 8. Section 12.64.075 is hereby added to the San
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Bernardino Municipal Code as follows:
"12.64.075 Reimbursement for Personnel.
"The applicant shall reimburse the City for any personnel
provided (i.e., police, fire, traffic control) for the purpose of
assisting the production."
SECTION 9. Section 12.64.080 of the San Bernardino
Municipal Code Shall be re-titled and amended to read as follows:
"12.64.080 Liability Provisions.
"A. Liability Insurance. No permit may be issued unless
the applicant first provides evidence of insurance in a form
approved by the City Attorney. Such insurance shall name the
City as an additional insured, and shall indemnify and protect
the City, its officers, employees and representatives from
liability for uses as provided for in the permit with limits of
not less than One Million Dollars ($1,000,000) for bodily
injuries, including accidental death, on account of anyone
occurrence, and in an amount of not less than One Million Dollars
($1,000,000) for property damage on account of anyone
occurrence. The certificate shall not be subject to cancellation
or modification until thirty (30) days after written notice to
the City. A copy of the certificate shall remain on file in the
City Administrator's Office.
"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. Hold Harmless Agreement. An applicant shall execute
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a hold harmless agreement as provided by the City prior to the
issuance of a permit under this Chapter.
"D. Faithful performance Bond. To ensure cleanup and
restoration of the site, an applicant may be required to post a
refundable faithful performance bond in an amount to be
determined at the time the application is submitted. Upon
completion of the filming activity and inspection of the site by
the City, the bond may be returned to applicant.
"E. Waiver or Modification. The provisions of this
section may be waived or modified by the City Administrator if he
or she finds that the proposed activity involves minimal or no
risk to persons or property so as to warrant a waiver or
reduction in insurance requirements."
SECTION 10. Chapter 12.64.090 of the San Bernardino
Municipal Code is hereby re-titled and amended as follows:
"12.64.110. Violations.
"A. If a person violates any provision of this Chapter or
a permit issued pursuant thereto, the City Administrator may
forthwith suspend or revoke the permit.
"B. Any person violating any provision of this Chapter is
guilty of an infraction, which upon conviction thereof, is
punishable in accordance with the provisions of Section 1.12.010,
Subsection B, of this Code.
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"ORDINANCE
BERNARDINO
TELEVISION
OF THE CITY AMENDING CHAPTER
MUNICIPAL CODE PROVIDING
PRODUCTION PERMITS
12.64 OF THE SAN
FOR MOTION PICTURE
AND
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I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
day of
meeting thereof, held on the
, 1990, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing ordinance is hereby approved this
day
of
, 1990.
w. R. HOLCOMB, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
BY~~ 7 Ole..-...
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