HomeMy WebLinkAboutORD NO 3447ORDINANCE NO. 3 44 7
AN ORDINANCE ADDING CHAPTER 5.35 TO THE
BAKERSFIELD MUNICIPAL CODE RELATING 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
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
Definitions.
Permit - Required - Exceptions.
Application - Issuance - Fee.
Regulations.
Revocation.
Appeals.
Bakersfield
5.35.010
Definitions.
Whenever used in this chapter, unless a different
meaning clearly appears from the context, the words set out in
this section shall have the following meanings:
A. "Person" means any individual, partnership,
corporation or association of any nature whatsoever.
B. "Pyrotechnic device" has the same meaning as that
set forth in Section 12526 of the California Health & Safety Code.
C. "Special effects" has the same meaning as that set
forth in Section 12532 of the California Health & Safety Code.
5.35.020 Permit - Required - Exceptions.
A. No person shall use any public property or facility
for the purpose of taking commercial motion pictures or television
ORI(]iINAL
pictures, in violation of
procured and maintained a
his designee.
this chapter or without first having
valid permit from the city manager or
B. No person shall use or discharge pyrotechnic
devices or special effects on private property for use in
commercial motion pictures or television pictures, in violation of
this chapter or without having procured and maintained a valid
permit from the city manager or his designee.
C. The permit requirement set forth in Subsection A of
this Section 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.
qualified as
Revenue Code.
3. Projects produced by a nonprofit organization
charitable under Section 501(c)(3) of the Internal
5.35.030 Application - Issuance - Fee.
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.
application:
The following information shall be included in the
1. The address and general location 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; ~
ORIGINAL
Use of any animals or pyrotechnics; and
6. The number and type of vehicles and other
equipment to be involved.
D. Prior to issuance of a permit, the applicant shall
execute an agreement requiring him to indemnify, defend and hold
harmless the city, its mayor, council, officers, agents, employees
and volunteers 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, or
in any way arising from, any activity related' to the permit, and
shall require the applicant to submit the following:
1. A copy of 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 mayor, council,
agents, officers, employees and volunteers 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. Evidence that applicant conforms to all
applicable federal and state requirements for workers'
compensation coverage.
3. Cash bond, in a sum acceptable to the city
manager, to be forfeited to the city in the event the permittee
fails to remove all equipment and rubbish from the premises upon
which the activity is located before 5:00 P.M. on the day after
the expiration date of the permit. The cash bond shall be
returned to the applicant upon full performance of the
requirements of this chapter.
E. The city manager, or his designee, shall, in his
discretion, issue a permit if he finds as follows:
1. That the application is complete and truthful;
2. Neither the applicant nor any of its agents
has violated this chapter in the pst three years;
3. The applicant will conduct said project in an
orderly, proper and lawful manner;
4. That said activity will not constitute a
nuisance nor disturb neighboring residents or businesses;
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ORIGI;~AL
5. That the applicant has not had a permit,
issued in the past three years under this chapter, revoked, unless
the city manager finds that the reasons for such revocation are
unrelated to this application;
6. That the applicant is adequately insured; and
7. That the applicant has deposited security
acceptable to the city manager or his designee.
F. Such permit may be issued with conditions for the
conduct of the film activity, as deemed necessary by the city
manager or his designee.
G. At the time of filing an application for a permit,
the applicant shall pay a fee not to exceed the cost of processing
any such application as set forth in Section 3.70.040, and shall
also pay all the direct costs of the city, including, but not
limited to, traffic control and fire and police services.
H. All permits issued pursuant to this chapter shall
be valid only as to those dates and times listed on the permit,
unless earlier suspended or revoked.
5.35.040 Regulations.
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, unless permission
to do otherwise is granted in writing by the city manager or his
designee. 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 in writing from the city manager, or his designee, at
the time of application for permit.
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.
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OR)O!NAL
D. Unless otherwise authorized in writing 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.
F. If the filming activity requires any action by city
personnel in addition to that estimated by the city at time of
permit application, the applicant shall reimburse the city for the
reasonable costs of such activity.
G. Any permit issued pursuant to this chapter shall be
non-transferrable, and shall be valid only as to the applicant,
location, dates and times provided on the application for such
permit.
H. The permittee shall obey all federal, state and
local laws, including, but not limited to, provisions of the
Uniform Fire Code.
5.35.050 Revocation.
Any permit issued pursuant to this chapter shall be
immediately revoked by the city manager whenever he finds:
A. That
application; or
misrepresentations were made on the
B. That
have been violated,
violation of local,
any of the terms or conditions of said permit
or that the business has been operated in
state or federal law; or
C. That the filming activity is interfering with the
peace and quiet of the neighborhood.
5.35.060 Appeal.
A. Should any applicant be dissatisfied with the
decision of the city manager or his designee not to grant a permit
or to revoke a permit, then said applicant may, no later than ten
days after notice of such decision is deposited in the United
States mail, addressed to the applicant or permittee at the
address provided on the application, make written objection to the
city council setting forth the grounds for dissatisfaction,
whereupon the council shall hear said objections at a regular
meeting no later than three weeks following the filing of the
objection with the city clerk. The applicant shall be given
written notice no less than three days prior to said hearing. The
council may, upon said hearing, sustain, suspend or overrule the
ORI(~JINAL
decision of the city manager, which decision shall be final and
conclusive.
B. Pending the hearing before the council, the
decision of the city manager 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.
SECTION 2.
This ordinance shall be posted in accordance with the
Bakersfield Municipal Code and shall become effective thirty (30)
days from and after the date of its passage.
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ORIGINAL
I HEREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on MAR 11 I~§~ , by the following
vote:
AYES; COUNCILMEMSERS: EDWAR. O~,,~, SMITH, BRUNNi, ?~.'T[?~C;:, McDERMO1T, SALVAGGtO
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS'
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
MAR ,1.. ! 1992
APPROVED
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City o ersfield
LCM/meg
BUS-ORD\
FLMPERM2.O-2
2/4/92
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ORIGINAL
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 16Eh day of March 19 92 she
posted on the Bulletin Board at City Hall, a full, true and correct copy of
the following: Ordinance No. 3447 passed by the Bakersfield
City Council at a meeting held on the 11th day of March , 19 92
and entitled:
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
DEPUTY City Clerk