5510ORDINANCE NO. 5510
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM ADDING CHAPTER
4.03 TO TITLE 4 OF THE ANAHEIM
MUNICIPAL CODE ESTABLISHING REGULATIONS
FOR FILMING AND VIDEOTAPING IN THE CITY
OF ANAHEIM
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
FOLLOWS:
SECTION 1.
That new Chapter 4.03 be, and the same is hereby added to
Title 4 of the Municipal Code to read as follows:
"CHAPTER 4.03 COMMERCIAL FILMING
4.03.010 PURPOSE
The declared purpose of this Chapter is the regulation of
filming and videotaping, including activities associated therewith,
by enterprises or individuals in the film or videotape industry
which come to the City of Anaheim on a temporary or short term
basis.
4.03.020 DEFINITIONS
Whenever in this Chapter the following words are used,
they shall have the following meaning or definitions:
'Motion picture, television photography' shall mean and
include all activity attendant to staging or shooting commercial
motion pictures, television shows or programs, and commercials.
'Student films' shall mean motion picture film or
videotape productions by a student of a public or private school or
college where the production is for school or college credit and
from which no profit is taken.
'Charitable films' shall mean commercials, motion
pictures, television, videotapes, or 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.
'News Media' shall mean the filming or videotaping for
the purpose of spontaneous, unplanned television news broadcast by
reporters, photographers or cameramen.
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4.03.030 PERMIT REQUIRED
No person shall use any public or private property,
facility or residence within the City of Anaheim for the purposes
of taking commercial motion pictures or television photography
without first applying for and receiving a film permit from the
City of Anaheim as provided in this chapter.
4.03.040 EXEMPTIONS
The provisions of this chapter shall not apply to:
.010 News Media: 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.
.020 The filming or videotaping of motion
pictures solely for private non-commercial use.
.030 The filming or videotaping of motion
pictures and activities associated therewith
which occurs upon property which is owned or
leased for more than six (6) months by the
enterprise or individual conducting the filming
or videotaping and none of such activities are
open to view by the general public.
.040 Filming, videotaping or photographing
which occurs on the premises, including the
parking lot, of Anaheim Stadium pursuant to any
agreements relating to use of the Stadium or
its premises.
4.03.050 RULES AND REGULATIONS
.010 The Director of Public Works, or his designee,
(herein the "Director") is hereby authorized and directed to
promulgate rules and regulations, governing the form, time, and
location of any film activity set forth within the City of Anaheim.
These rules and regulations shall be on file in the City Clerk's
Office for review by the public. The Director shall also provide
for the issuance of film permits pursuant to this chapter. The
rules and regulations, and decisions concerning the issuance of any
film permit and/or conditions imposed thereon, shall consider the
following factors:
1. The health and safety of the public;
2. Disruption of activities of businesses or persons
within the affected area;
3. The safety of property within the city; and
4. Traffic congestion at particular locations within
the city.
ik
.020 The Director of Public Works or his designee is
hereby authorized to approve deviations from the said rules and
regulations and approve changes in the effective dates of the
permit when such deviation or changes are in the best interests of
the City of Anaheim.
4.03.060 APPLICATIONS; ISSUANCE OF PERMITS
.010 Issuing Authority. The Director of Public Works, or
his designee, shall have the authority to issue permits required by
this chapter. Such permits may be issued subject to conditions of
approval imposed thereon. A permit shall be issued, or issued
subject to conditions, unless it is determined that the activity
contemplated in the permit will adversely affect City operations,
City businesses or residents, City personnel resources, or such
activity has the potential to damage public or private property.
Decisions concerning the issuance of permits and/or conditions to
-� be imposed thereon shall further consider the factors set forth in
Section 4.03.050 of this chapter.
.020 Applications. Prior to considering issuance of any
film permit pursuant to this chapter, an application form must be
submitted to the City of Anaheim. The application shall be filed
with the Director of Public Works at least ten (10) business days
prior to the date the permit is to become effective. The following
information shall be included in the application:
a. The name, address, and telephone number (and
facsimile transmission number, if any) of the
applicant or duly authorized representative, and,
if available, of the director, first assistant
director, unit production manager, and location
manager.
b. The name and address of the individual or production
company to whom the permit is to be issued.
C. The type of the production or project.
d. The date(s), time(s), and location(s)(including
preparation and striking days).
e. A brief description of the proposed filming
activity, including any other activity which would
affect the use of public facilities in the area.
f. An estimate of the number of individuals in cast and
crew.
g. An estimate of the types and number of vehicles.
h. If an applicant intends to use either wild animals,
chemicals, explosives or fire, or intends to engage
in any other hazardous activity, a statement to that
effect and describing such activities with
specificity.
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4.03.070 LICENSES, FEES AND COSTS
Except for business license fees, applicable Fire
Department permit fees and applicable Police Department fees set
forth in the Anaheim Municipal Code or by Resolution of the City
Council, no other applicable licenses, permits or fees shall be
required for issuance of a film permit except as expressly
hereinafter set forth in this chapter.
.010 The permittee shall pay the City of Anaheim for
costs of services of any personnel, use of property, or equipment
including but not limited to police, fire and traffic control
needed to facilitate any activity associated with the permit. Any
such costs shall be deemed conditions to the permit and shall be
paid to the City prior to the date such costs will be incurred by
the City.
- 4.03.080 LIABILITY PROVISIONS
The requirements of this section are applicable whenever
Permittee's operations will utilize or impact city facilities or
property as determined by the City.
.010 Liability Insurance; Indemnity and Faithful
Performance Bond. Before a permit is issued a certificate of
insurance will be required to be submitted evidencing insurance in
an amount not less than $1,000,000.00 per occurrence written on an
occurrence form for Comprehensive or Commercial General Liability
and $1,000,000.00 per occurrence for Automobile Liability. In the
event the use of pyrotechnics or any other unusual activity is
contemplated, the permittee will be required to submit evidence of
insurance which will cover said use or activity in an amount and
form acceptable to the Risk Manager. Specifically as to
pyrotechnics, the amount of liability coverage shall at the minimum
meet the limits required by state law and evidence of this
insurance will additionally be reviewed by the Fire Department. An
endorsement to said liability policies shall be submitted naming
the City of Anaheim, its officers, employees, agents,
representatives and volunteers as additional insureds. The Risk
Manager is authorized to reduce the insurance requirements above if
it is deemed to be in the best interests of the City of Anaheim.
.020 Hold Harmless and Indemnity Agreement. An applicant
shall execute a hold harmless and indemnity agreement as provided
by the City of Anaheim prior to the issuance of a permit under this
chapter.
.030 Faithful Performance Bond. To ensure cleanup and
restoration of the site, an applicant may be required to post a
refundable cash deposit or faithful performance bond (amount to be
determined by the Director) upon submittal of the application.
Upon completion of filming, cleanup and restoration of the site by
the permittee, and inspection of the site by the City of Anaheim,
the bond shall be returned to the applicant.
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4.03.090 NOTICE OF APPROVAL OR DISAPPROVAL OF PERMIT
The Director of Public Works or his designee shall
endeavor to act on the application within three (3) business days
after filing thereof and shall at such time mail and/or transmit by
facsimile transmission to the applicant a notice of his action. If
the application is disapproved, said notice shall state the reasons
for such disapproval.
4.03.100 APPEAL OF DECISION OF DIRECTOR
Any person aggrieved by the decision of the Director of
Public Works, or his designee, shall have the right to appeal the
approval, conditional approval, or disapproval of the application
to the City Manager or his designee (the "City Manager"). The
appeal shall be taken within five (5) business days after notice of
the decision is mailed or transmitted to the applicant. An appeal
shall result in a de novo review of the application by the City
Manager. The City Manager shall endeavor to act upon the appeal
within five (5) business days after the filing thereof. The
decision of the City Manager shall be final.
4.03.110 VIOLATION
If the permittee violates any provision of this chapter,
or any condition of a permit issued pursuant thereto, the City of
Anaheim may revoke the permit. City of Anaheim employees who have
authority to revoke the permit include the Director, personnel
assigned to the Police Department, Fire Department and Code
Enforcement, division of the Planning Department. Violation of any
of provisions of this chapter or any of the terms and conditions of
the film permit shall be a misdemeanor punishable as set forth in
Section 1.01.370 of the Anaheim Municipal Code."
SECTION 2. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance of the Code, hereby adopted, be declared for any reason
to be invalid, it is the intent of the Council that it would have
passed all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
SECTION 3. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of
any other ordinance of this City shall in any manner affect the
prosecution for violations of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as a
waiver of any license or penalty or the penal provisions applicable
to any violation thereof. The provisions of this ordinance,
insofar as they are substantially the same as ordinance provisions
previously adopted by the City relating to the same subject matter,
shall be construed as restatements and continuations, and not as
new enactments.
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THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 8th day of August
1995.
MAYOR OF THE MY OF AVkHEIM
ATTEST: c�
CITY CLERK OF THE CITY OF ANAHEIM
2475.1\ASTASHIK\July 28, 1995 - 6 -
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance
No. 5510 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 1 st
day of August, 1995, and that the same was duly passed and adopted at a regular meeting of said City
Council held on the 8th day of August, 1995, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL: Tait, Lopez, Zemel, Feldhaus, Daly
NOES: MAYOR/COUNCIL: None
ABSENT: MAYOR/COUNCIL: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5510 on the
8th day of August, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 8th day of August, 1995.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original
of Ordinance No. 5510 and was published once in the North Orange County News on the 17th day of
August, 1995
CITY CLERK OF THE CITY OF ANAHEIM