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Home My WebLink AboutORD NO 3269ORDINANCE NO. 8 9. § 9 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 5.35 TO THE BAKERSFIELD MUNICIPAL CODE ~RT.ATING TO MOTION PICTURES. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 5.35 is hereby added to the Bakersfield Municipal Code to read as follows: CHAPTER 5.35 MOTION PICTURES Sections: 5.35.010 5.35.020 5.35.030 5.35.040 5.35.050 5.35.060 5.35.070 Permit - Required. Permit - Application - Issuance. Permit - Fee. Permit - Regulations for use. Permit - Revocation. Appeals. Violation - Penalty. 5.35.010 Permit - Required - Exceptions. A. No person shall use any public or private property, facility or residence for the purpose of taking commercial motion pictures or television pictures without first applying for and receiving a permit from the city manager or his designee. B. The permit requirement set forth in A. shall not apply to: 1. News media (e.g., reporters, photographers and 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. Projects produced by a nonprofit organization qualified as charitable under Section 501(c)(3) of the Internal Revenue Code. 5.35.020 Permit - Application - Issuance. A. Application for such permit shall be made on forms to be furnished by the city manager or his designee, not less than two weeks nor more than one year, prior to the proposed event. B. All applications must be acted upon not later than two weeks after the date on which any such application is filed. The city may make or cause to be made any investigation which it deems necessary. C. 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 inclusive dates and hours that such activity will transpire; 3. A general statement of the character or nature of the proposed filming activity; 4. The name, address, and telephone number of the person or persons in charge of the filming activity; 5. Use of any animals or pyrotechnics; 6. The number and type of vehicles and other equipment to be involved. D. Prior to issuance of a permit for operation on public property, the applicant shall execute an agreement: provided by the city, which shall, along with any other discretionary conditions set by the city manager, or his designee, require that the applicant do the following: - 2 - l. Maintain a single limit broad form commercial general liability insurance policy in an amount required by the city, with combined liability for personal injury, property damage and automobile liability with a reliable insurance carrier authorized to do business in the state of California. Said policy or policies shall expressly name the City and its agents, officers and employees as additional insureds. Said insurance shall not be subject to cancellation, non-renewal, or coverage reduction without thirty (30) days written notice to the City. 2. Conform to all applicable federal and state requirements for workers' compensation coverage. 3. Indemnify, defend, and hold harmless the city, its officers, agents and employees against any and all liability, claims, actions, causes of action of demands whatsoever against them, for injury to or death of persons or damage to property arising out of, connected with, or caused by the applicant, his employees, agents or independent contractors or companies in the performance of any activity related to the permit. 4. Post a refundable faithful performance bond in an amount to be determined by the city manager, or his designee, to ensure cleanup and restoration of the subject site. E. The city manager, or his designee, shall, in his discretion, issue a permit if he finds that the applicant will conduct said project in an orderly, proper and lawful manner, and that said activity will not constitute a nuisance nor disturb neighboring residents or businesses. 5.35.030 Permit - Fee. At the time of filing an application for a permit, the applicant shall pay a non-refundable fee of $250.00. 5.35.040 Permit - Regulations for use. A. The permittee shall conduct operations in an orderly and lawful fashion. The area used shall be cleaned of trash, debris and obstacles at the end of each day and restored to the original condition before leaving the site. A copy of the permit shall be kept on-site at all times. B. The permittee shall not obstruct any public thoroughfare or right-of-way. If the nature of the project requires such obstruction, the permittee must obtain special permission from the city manager, or his designee, at the time of application for permit. - 3 - C. For projects that would impair traffic flow, the applicant shall reimburse the city for all local law enforcement personnel required at the site, and shall comply with all traffic control requirements deemed necessary by the city Traffic Engineer. The applicant shall furnish and install advance warning signs and any other traffic control devices required by the Traffic Engineer. All appropriate safety precautions shall be taken. D. Unless otherwise authorized by the city, all camera cars shall be driven in the direction of traffic and must observe all traffic laws. E. Any emergency road work or construction by the city shall have priority over filming activities. 5.35.050 Revocation. A. Any permit granted by the city pursuant to this chapter shall be immediately revoked whenever the city manager, or his designee, finds that any of the terms or conditions of the permit have been violated or that the permit was obtained by fraudulent representations. 5.35.060 ADDeals. A. Should any applicant be dissatisfied with the decision of the city manager to deny or revoke a permit, then said applicant may, within ten (10) calendar days of the decision, file a written appeal with the city council, setting forth the reasons for such dissatisfaction. The city council shall hear said appeal at a regular meeting within thirty (30) calendar days of the filing of the appeal, giving written notice of such hearing to the applicant. At the hearing, the council may sustain, suspend or overrule the decision of the city manager. The decision of the council shall be final. B. Pending the hearing before the council, the decision of the city manager, or his designee, shall remain in full force and effect, and any reversal thereof by the city council shall not be retroactive but shall take effect as of the date of the council's decision. - 4 - 5.35.070 Violation - Penalty. Any person, firm or corporation violating any of the provisions of this chapter or failing to comply with any of the terms contained in this chapter, shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine not exceeding five hundred dollars or by imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment. SECTION 5. This ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... I HF~RRy CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on ,JAN 1 0 ~gqn , by the following vote: ,~"ES Co~3NCILMEMBERS EDWARDS, OeMONO, SMITH, BRUNNI. PETERSON, McDERMOTT SALVAGOIO NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS: ABSTAIN COUNCILMEMBERS CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JAN 1 0 1990 CLAREZ~CE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTORNE~ t~t¥ of Bakersfield LCM/meg FILMPERM. ORD 12/5/89 - 6 - AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern) CAROL WILLIAMS, Being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 24th day of 3anu~ry , 19 90 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: 0RDINANCE No. 3269 , passed by the Bakersfield City Council at a meeting held on the 1Qth day of 3anuary , 19.90 · and entitled: ORDINANCE 3269 N,S~ An Ordinance of the Council qf the City of Bakersfield adding Chapter 5,135 to the Bakersfield Munilcipal Code relating to Motion PiCtures.. CAROL WILLIAMS CITY CLERK of the City of Bakersfield DEPUTY Ci~ Clerk NSAOPD