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"B. A notice of the revocation shall be mailed to the
permittee, by certified mail, stating the grounds for the
revocation and providing a date within thirty days of the mailing
of such notice for a public hearing before the City Council.
Upon the conclusion of the public hearing, the City Council may,
by resolution with findings, revoke or modify the film permit and
the decision of the City Council shall be final and conclusive as
to all matters in controversy.
119.65.170. Violation as a nuisance.
Any filming, video taping, or related activities conducted
contrary to the provisions of this chapter shall be and is hereby
declared to be an unlawful action and a public nuisance. The
City may commence an action at law or in equity in the name of
the City in any court of competent jurisdiction against the
permit holder to ensure compliance with the terms and provisions
of this chapter. All remedies prescribed herein will be
cumulative and the use of any one or more remedies by the City
shall not bar the use of any other remedy for the purpose of
enforcing the provisions of this chapter.
section 2. It shall be unlawful for any person, firm
partnership, or corporation to violate any provision or to fail
to comply with any of the requirements of this Ordinance or the
Chapter adopted hereby. Any person, firm, partnership, or
corporation violating any provision of this Ordinance or the
Chapter adopted hereby or failing to comply with any of the
requirements therein shall be deemed guilty of a misdemeanor and
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upon conviction thereof shall be punished by a fine not exceeding
Five Hundred Dollars ($500.00) or by imprisonment not exceeding
six (6) months, or by both such fine and imprisonment. Each such
person, firm, partnership or corporation shall be deemed guilty
of a separate offense for each and every day or any portion
thereof during which any violation of any of the provisions of
this Ordinance or the Chapter adopted hereby is committed,
continued or permitted by such person, firm, partnership or
corporation, and shall be deemed punishable therefor as provided
in this Ordinance.
Section 3. If any section, subsection, sentence,
clause, phrase or portion of this Ordinance is for any reason
held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect
the validity of the remaining portion of this Ordinance. The
City Council of the City of Irwindale hereby declares that it
would have adopted this Ordinance and each section, subsection,
sentence, clause, phrase, or portion thereof, irrespective of the
fact that any one or more sections, subsections, sentences,
clauses, phrases, or portions might subsequently be declared
invalid or unconstitutional.
ADOPTED this 10th day of December
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Mayor
, 1992.
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334
I, Camille Diaz, DepuVyCity Clerk of the City of
Irwindale, do hereby certify that the foregoing ordinance was
introduced at a regular meeting of the City Council of the City
of Irwindale held on the 12th day of November 1992, and
was finally passed at a regular meeting of the City Council of
the City of Irwindale on the 10th day of December
19,92,
by the following vote:
AYES: Councilmembers Miranda, J., Miranda, P., Breceda,
Barbosa and Diaz
NOES: None
ABSENT: None
ABSTAINED: None
ATTEST:
Deputy City Clerk of the City of Irwindale
C\1021kFILMORD�I 1.3
ORDINANCE NO. 457
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF IRWINDALE ADDING CHAPTER 9.65 TO THE`
IRWINDALE MUNICIPAL CODE PERTAINING TO THE
ISSUANCE OF PERMITS FOR FILMING AND VIDEO
TAPING.
The City Council of the City of Irwindale does ordain
as follows:
Section 1. Chapter 9.65 is hereby added to the
Irwindale Municipal Code to read, in words and figures, as
follows:
"Chapter 9.65
"MOTION PICTURE AND TELEVISION PRODUCTION.
"Sections•
"9.65.010
Purpose.
9.65.020
Definitions.
9.65.030
Permit Required.
9.65.040
Exemptions.
9.65.050
Application form.
9.65.060
Time for filing applications.
9.65.070
Fees.
9.65.080
Determination by City Manager.
9.65.090
Appeal to City Council.
9.65.100
Public facilities.
9.65.110
Clean up.
9.65.120
Traffic control.
9.65.130
Special restrictions.
9.65.140
Insurance and indemnity.
9.65.150
Suspension.
9.65.160
Revocation.
9.65.170
Violation as a nuisance.
199.65.010.
Purpose.
The purpose of this chapter is to provide rules and
regulations governing the issuance of permits for filming, video
taping or any related activity on location within the City, to
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assure that such activity is consistent with considerations of
the public health, safety, and general welfare and the protection
of property. The requirements provided in this chapter shall be
separate and in addition to those provisions of this Code
regarding business regulation and licensing. Any and all fees
provided in this chapter are intended to cover the cost of
investigation and processing permits for filming, as specific
herein, and shall be in addition to all other applicable licenses
and/or permits provided in this Code.
"9.65.020. Definitions.
For the purpose of this chapter, the following words and
phrases are defined and shall be construed as hereinafter set
out, unless it is apparent from the context that a different
meaning was intended:
"A. Charitable purposes shall mean filming or video taping
for a motion picture or television production conducted by an
organization in which no individual either directly or indirectly
receives a profit from the production, marketing, or showing of
the films or tapes.
"B. City shall mean the City of Irwindale, a municipal
corporation formed and operating pursuant to the laws of the
State of California.
"C. City Clerk shall mean the City Clerk of the City of
Irwindale.
"D. City Council shall mean the City Council of the City of
Irwindale.
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"E. City Manager shall mean the City Manager of the City of
Irwindale, or his or her designee.
"F. Film or filming shall include, but shall not be limited
to, feature motion pictures, video tapes, television, motion
pictures, and commercials.
"G. Finance Department shall mean the Finance Department of
the City of Irwindale.
"H. News purposes, as specified in this chapter, shall mean
filming or video taping for television news broadcasting by
reporters, photographers or camerapersons in the employ of a
newspaper, news service, or similar entity, of news events
concerning those persons, scenes, or occurrences which are in the
news and of general public interest. The filming or video taping
of such shall be for regularly scheduled news programs (but not
magazine or documentary programs) and special news programs which
are not preplanned and are broadcast within twenty-four hours
after the event.
"I. Permittee shall mean any individual, firm, corporation,
or group or.combination acting as a unit to whom or which a film
permit is granted by the City under the provisions of this
chapter.
"J. Person shall mean any individual, firm, corporation,
association, or group or combination acting as a unit.
"K. Production shall mean the activity of making a film for
commercial or noncommercial purposes on property owned by the
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City of Irwindale or on private property within the jurisdiction
of the City of Irwindale.
"9.65.030. Permit required.'
Except as otherwise provided, it shall be unlawful for any
person to engage in the business or activity of filming, video
taping or producing motion pictures on motion picture film or
electronic video tape for public exhibition as motion pictures or
for television, at any place within the City, other than at or in
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an established motion picture or television studio or entirely
within an enclosed structure or building, with no outside storage
of filming equipment, without a film permit from the City. Any
person interested in filming within the City shall complete in
full a film permit application as stated in this chapter and
provide to City all the information requested in Section
9.65.050.
"9.65.040. Exemptions.
The provisions of this chapter shall not apply to:
"A. The filming or video taping of motion pictures solely
for private or family use;
"B. The filming or video taping of motion pictures for use
in a criminal investigation, civil proceeding or emergencies such
as fires, floods or police actions;
"C. The filming or video taping of motion pictures for news
purposes (but not magazine or documentary programs);
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3 2 ).
"D. Education, government and Public Access and Local
origination programs for cable television systems franchised
within the City;
"E. The filming or video taping of motion pictures by the
city itself (e.g., video taping of sewer lines and promotional
filming); and
"F. Any other activity deemed to be in the public interest
by the City Manager.
"9.65.050. Application form.
The Department of Finance shall furnish an application for
film permits which, following processing by the Department of
Finance, shall be forwarded to the City Manager. Such
application form shall require the following information:
"A. Name, permanent street address, and telephone number of
the applicant;
"B. If the applicant is a corporation, the name, principal
address and telephone number of the applicant shall be as shown
in the most recent Statement of Corporation on file with the
applicable Secretary of State;
"C. If the filming or video taping for motion picture or
television production is conducted by a nonprofit organization
which qualifies under Section 501(c)(3) of the Internal Revenue
Code or Section 23701 of the California Revenue and Taxation Code
as a charitable organization, and no person, directly or
indirectly, receives a profit from the marketing or production
of the film or tape or from showing the film, tapes, or photos,
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the applicant must state this on the application form;
"D. Name, address, and telephone number of the person in
charge of the location and responsible for applicant's and
applicant's employees' conduct;
"E. The name, address and twenty-four hour telephone number
of at least two persons to be contacted in the event of emergency
situations which might alter the conditions of the film permit;
"F. Name of film/project;
"G. Location(s), date(s), time(s) and activities of the
proposed filming or taping. If the proposed filming or taping
involves the use of private property, the full name and address
of the property owner where the filming/taping is to take place
and a signed affidavit from the property owner granting
Permission for the proposed use of the property in question shall
be provided;
"H. Approximate number of individuals in cast and crew;
"I. List of types and number of vehicles and other
equipment;
"J. As applicable, a statement that overnight parking and
locations are needed;
"K. Requests for special assistance at the location,
including but not limited to street closure, traffic control, and
emergency services;
"L. Special conditions or requests by the applicant;
"M. Dated signature of applicant;
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"N. If the applicant is a corporation, the application
shall be signed by two principal officers of the corporation;
and,
"O. In addition to the provisions of this chapter, any
applicant who or which will engage in any activity which requires
compliance with any Federal, State or local regulations,
including additional licenses or permits, shall present evidence
of satisfactory compliance with such regulations.
"9.65.060. Time for filing applications.
Applications shall be presented to the Department of Finance
at least ten (10) business days in advance of the time that the
proposed filming, taping or production is to commence when road
closures are required, four (4) business days when traffic
control will exceed three (3) minutes or when streets or
specified special effects are to be performed, and at least two
(2) business days in all other cases.'
The time for application processing shall be extended during
those periods when the city is required to wait for the issuance
of permits from other agencies and or public entities, for which
it has applied.
"9.65.070. Fees.
Each application shall be accompanied by a nonrefundable
application and investigation fee payable to the City which
amount shall be set by resolution of the City Council; provided,
however, that no fee shall be required of applicants filming or
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video taping for motion picture or television production for
charitable purposes, as defined in Section 9.65.050.
"In the event that weather conditions or other circumstances
beyond the control of the permittee require that the date(s) or
time(s) of the proposed filming or taping need to be altered, no
additional application and investigation fee shall be required
because of such alteration of the date(s) or time(s) so long as
the Department of Finance is given at least one business day
notice of the alternation, but an additional fee will be charged
if minor changes, additions, deletions and extensions to the
original filming permit are requested which are not beyond the
control of the permittee. Said additional fee shall be set by
resolution of the City Council. A minor change, addition,
deletion, or extension to the original filming permit request
must be filed with the Department of Finance. Only one such
request per permit will be allowed.
"If the City Manager determines that any potential danger to
the public's health, safety, or general welfare or property would
be eliminated by the presence of police or fire protection at the
site of the filming or video taping for motion picture or
television production, the City Manager may grant the film permit
upon condition that the permittee pay in advance to the City the
costs of such police or fire protection as may be required.
"For filming permits which necessitate the City to provide
services to the permittee in addition to police or fire
protection, service charges shall be imposed. Such charges will
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be determined by the applicable servicing City department(s) and
shall not exceed the actual cost incurred by the City in
providing such services. Such service charges shall include, but
shall not be limited to, charges for labor, supervision,
overhead, administration and the use of any and all City
equipment, supplies, etc. Additional charges may be imposed to
cover the cost of extraordinary film permit investigation and/or
staff costs, if the City Manager feels this is necessary.
119.65.080. Determination by City Manager.
The City Manager is hereby designated to be the City's "Film
Permit Coordinator" for purposes of coordinating the processing
of the film permit, as well as the actual filming when the use of
public property is required.
"Before granting any film permit pursuant to this chapter
the City Manager shall determine that such filming or video
taping for motion picture or television production will not
unreasonably interfere with the public health, safety and general
welfare or unreasonably endanger any property. In making this
determination, the City Manager shall take into consideration the
noise, traffic hazards, fire hazards and other environmental
problems,, including health and safety problems, which are likely
to be caused by such activities. In granting the permit, the
City Manager may further impose any reasonable conditions as are
necessary to protect the public health, safety, and general
welfare or property.
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119.65.090. Appeal to the Citv Council.
"A. Any applicantaggrieved by any decision of the City
Manager with respect to a film permit may appeal such decision to
the City Council by filing a written request within ten days
following notice of such decision.
"B. A written request for such appeal shall be filed with
the Department of Finance and all such requests shall contain the
following information:
"1. The name and address of the applicant;
112. The date of the decision in question;
113. The reasons for the appeal; and,
114. The grounds relied upon for relief;
"The appeal request shall be accompanied by a nonrefundable
appeal fee in an amount to be set by resolution by the City
Council. Upon receipt of the appeal request, the Department of
Finance will request the City Clerk to, and the City Clerk shall,
set the matter for hearing at a regular meeting of the City
Council no later than thirty days following the date the appeal
was filed. Notice of the time and place of the hearing shall be
mailed to the applicant, by certified mail, no later than ten
days prior to the date set for hearing. Said notice may also
designate certain records that the applicant is required to
produce at the time of the hearing.
"C. At the hearing as prescribed by this section, the
applicant and the City may submit any and all evidence as they
believe to be relevant. The City Council may require the
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presentation of additional evidence from either the applicant or
the City, or from both, and may continue the hearing from time to
time for the purpose of allowing the presentation of additional
evidence. Upon conclusion of the hearing, the City Council may,
by resolution with findings, approve, reverse, or modify the
decision of the City Manager and any such decision of the City
Council shall be final.
119.65.100. Public facilities.
Use of any public facility within the City may require an
additional rental or use agreement.
"9.65.110. Clean up.
A permittee shall conduct operations in an orderly fashion.
The area used shall be cleaned of trash and debris upon
completion and before leaving the site(s). A deposit to assure
that a permittee removes all trash and debris from filming
site(s) may be required. This requirement and the amount thereof
shall be determined by the City Manager.
"9.65.120. Traffic control.
For filming that would impair traffic flow, an applicant
shall use City law enforcement personnel.
"A. If required for traffic safety or as a condition of the
film permit, an applicant shall furnish and install advance
warning signs and any other traffic control devices in
conformance with the Manual of Traffic Controls, State of
California, Department of Transportation. All appropriate safety
precautions shall be taken.
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"B. All interruptions of normal pedestrian or vehicular
traffic must be authorized on the permit. Police officers
assigned to on-site supervision may further restrict operations
based on safety concerns.
"C. Traffic shall not be detoured without prior approval by
the city.
"D. Unless authorized by the City, camera cars shall be
driven in the direction of traffic and shall observe all traffic
laws.
"E. Any emergency roadwork or construction by State or
local government agencies and/or private contractors under permit
or contract to the City shall have priority over filming
activities.
."9.65.130. Special restrictions.
For the convenience of the general public, all activity by a
permittee between the hours of 10:00 P.M. and 6:00 A.M. may be
restricted. As a condition of film permit approval, all
surrounding residents and/or businesses within a three hundred
foot radius of the filming activity may be required to be
notified of date(s) and time(s) in which late evening and early
morning filming is to take place.
"9.65.140. Insurance ADd indemnity.
It shall be a condition of the issuance and continued
validity of any film permit granted pursuant to this chapter that
the permittee first obtain, pay for, and maintain a policy of
general liability insurance approved as to form by the City
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Attorney which shall insure the City, its officers and employees
against any liability, or claims of liability, brought or made by
or on behalf of any person for personal injury or property damage
caused by or arising out of any act or omission of the permittee,
his agents or employees, including any officers or employees of
the City, or caused by or arising out of the condition of any
City -owned or controlled property, whether real or personal, and
occurring during the film permit period and as a result of the
activities for which such film permit was issued. The amount of
coverage to be provided by such policy shall be determined by the
City Manager. The permittee may satisfy the requirement imposed
by this section through the presentation of a certificate of
insurance, for at least the required amount of coverage, which
indicates that, by endorsement thereto, the City, its officers,
and employees have been added as additional insureds. Such
certificates shall additionally provide that the required
insurance will not be modified, changed, or terminated unless
prior written notice thereof has been transmitted to the City
Manager.
"A bond/cash deposit may also be required for purposes of
repairing any damage and restoring the City's facilities to their
original condition. The amount shall be determined by the City
Manager. In the event of such damage, the City shall provide
written notice to the permittee specifying the damage to be
repaired and/or City facilities to be restored within seven days
of receipt of said notice. If, after providing permittee with
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such written notice, the requested repairs and/or restoration of
City facilities have not been commenced or completed, the City
may draw upon the bond/cash deposit to effect said repairs and/or
restoration of City facilities. In the event of damage requiring
emergency repairs and/or restoration of city facilities by the
City, the permittee shall be required to reimburse the City in
full for all costs incurred within thirty days receipt of an
invoice from City.
"It shall be a condition of the issuance of any film permit
granted pursuant to this chapter that the permittee shall agree
to defend and to hold the City, its officers and employees
harmless, from any and all claims and liability of any kind
whatsoever resulting from or arising out of the issuance of such
film permit.
119.65.150. Suspension.
Any film permit issued pursuant to the terms of this chapter
may be subject to immediate suspension if it is found necessary
for the protection of public health, safety, or general welfare.
Such suspension shall only be instituted upon the determination
of the City Manager that immediate protective action is
necessary. In the event of such a suspension, the City Manager
shall within twenty-four hours after the suspension: (1) cause
to be served upon the film permit holder a written statement
containing the grounds for suspension and a notice of hearing to
show cause before the City Manager as to why the film permit
should not be suspended pending revocation hearings; and (2)
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cause to be served upon the film permit holder a notice of
revocation hearing before the City Council as provided in Section
9.65.160. The hearing before the City Manager shall be held not
later than five days following the service of the notice to the
film permit holder.
119.65.160. Revocation.
"A. Any film permit granted or issued pursuant to the
provisions of this chapter may be revoked after a public hearing
before the City Council. A film permit may be revoked under the
following circumstances:
"1. Where it has been determined that the permittee
has violated or has failed to comply with any of the terms or
conditions of the film permit;
"2. Where it has been determined that the permittee
has violated or has failed to comply with any of the ordinances,
resolutions, or applicable regulations of the City;
"3. Where it has been determined that the film permit
has been granted pursuant to false or fraudulent information
contained in,the film permit application;
"4. Where it has subsequently been determined that the
filming activity will fail to meet the criteria enumerated in
this chapter for granting a film permit; or,
"5. Where it has been determined that the preservation
of the public health, safety, and general welfare demand
revocation of the film permit.
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