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HomeMy WebLinkAboutORD NO 3815ORDINANCE NO. 3 8 ~1 5 AN ORDINANCE AMENDING CHAPTER 5.35 OF 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 of the Bakersfield Municipal Code is hereby amended 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. 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 in violation of this chapter or without a valid permit therefor in accordance with the provisions of this chapter. -- Page 1 of 5 Pages -- 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 a valid permit therefor in accordance with the provisions of this chapter. 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; 3. Projects produced by a nonprofit organization qualified as charitable under section 501(c)(3) of the Internal Revenue Code. 5.35.030 Application -- Issuance -- Fee. A. Application for such permit shall be made on forms furnished by the city manager or his designee, not less than ten days nor more than one year prior to the proposed event. The city may make or cause to be made any investigation which it deems necessary. C. 1. conducted; 2. 3. activity; 4. The following information shall be included in the application: The address and general location of the place at which the activity is to be The inclusive dates and hours that such activity will transpire; A general statement of the character or nature of the proposed filming 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; 7. Any rights-of-way which will need to be closed to the public. D. The application shall be accompanied by the following documents: 1. Evidence, satisfactory to the city manager or his designee, of (1) general liability insurance providing coverage on an occurrence basis for bodily injury, including death of one or more persons, property damage and personal injury, with limits as required by the city; and (2) workers' compensation, with statutory limits and employers liability insurance with limits as required by the city. All policies required of the applicant hereunder shall be primary insurance as to the city, its mayor, council, officers, agents, employees and volunteers and any insurance or self-insurance maintained by the city, its mayor, council, officers, agents, employees and volunteers shall be considered excess insurance, over and above the applicant's insurance and shall not contribute with it; -- Pa~e 2 of 5 Pa~es -- 2. An agreement, signed by applicants, to save, hold harmless and indemnify the city, its officer, agents, employees and volunteers from all claims, demands, damages, judgments, costs or expenses in law or equity that may at any time arise from or is any way related to any work performed by applicant, his agents or employees under the terms of any permit issued under this chapter; 3. Cash deposit, in a sum acceptable to the city manager, to be forfeited to the city in the event the permit holder 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 deposit shall be returned to the applicant upon full performance of the requirements of this chapter. E. The applicant shall notify all business owners and residents located adjacent to any right-of-way which will need to be closed for the film activity. Proof of written notice shall be submitted to the city manager or designee. F. The city manager or designee may, in his or her 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 past 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; 5. That no permit issued to the same applicant pursuant to this section has been revoked in the past three years, unless the city manager or his designee finds that the reasons for such revocation are unrelated to this application. G. Such permit may be issued with conditions for the conduct of the film activity, as deemed necessary by the city manager or his designee. H. 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 authorized in chapter 3.70, and shall also pay all the direct costs of the city, including, but not limited to, traffic control and fire and police services. I. 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 permit holder 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 othenNise is granted in writing by the city manager or his designee. A copy of the permit will be kept on-site at all times. B. 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 Authority. The applicant shall furnish and install advance warning signs and any other traffic control devices -- Page 3 of 5 Pages -- required by the Traffic Authority. All appropriate safety precautions shall be taken. C. 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. D. Any emergency road work or construction by the city shall have priority over filming activities. E. 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. F. 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. G. The permit holder 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 or his designee whenever he finds: A. That misrepresentations were made on the application; or B. That any of the terms or conditions of said permit have been violated, or that the activity has been conducted in violation of local, state or federal law; or C. That the filming activity is interfering with the peace and quiet of the neighborhood. D. That the safety of persons or property requires such revocation. 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 permit holder 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 decision of the city manager or his designee, which decision shall be final and conclusive. 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. SECTION 2. This ordinance shall be posted in accordance with provisions of the -- Page 4 of 5 Pages -- Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .......... 000 .......... 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 ., by the following vote: ~ 2 $19~ AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, SMITH, MCDERMOTT, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER ~z~_..~ COUNCILMEMBER COUNCILMEMBER - APPROVED: JAN 2 8 1998 BOB PRICE, MAYOR / CITY OF BAKERSFIELD APPROVED AS TO FORM: JUDY K. SKOUSEN CITY ATTORNEY LCM\bsb S:\COUNCIL~ORD~FLMPERM2.O-2 -- JanuanJ 8, 1998 -- Pa~e 5 of 5 Pa~es -- AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA ) COUNTY OF KERN ) PAMELA A. McCARTHY, 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 30th day of January, 1998, she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3815, passed by the Bakersfield City Council at a meeting held on the 28th day of January, 1998, and entitled: Ordinance amending Chapter 5.35 of the Bakersfield Municipal Code relating to motion pictures. /s/ PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPUTY City Clerk