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HomeMy WebLinkAbout01/28/1992 (2) VICE MAYOR REFERRAL (PROPOSED ORDINANCES ONLY) DATE OF REFERRAL: January 28, 1992 REFERRED TO: Budget and Finance Committee - John W. Stinson ITEM: AMENDMENT TO CHAPTER 5.35 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO MOTION PICTURES BACKUP MATERIAL ATTACHED: Yes STATUS: TO COUNCIL COMMITTEE ON COMMITTEE REPORT NO. SENT TO COUNCIL ON PUBLIC HEARING ON ORDINANCE ADOPTED (DATE) PROPOSED ORDINANCE CANCELED (DATE) OTHER Please return to Jean in the City Manager's Office when completed for referral tracking. cc: Mayor and City Councilmembers City Manager City Attorney City Clerk REFER92.1 MEMORANDUM January 23, 1992 TO: KEVIN McDERMOTT, VICE-MAYOR SUBJECT: AMENDMENT TO CHAPTER 5.35 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO MOTION PICTURES Please refer the attached proposed ordinance amendment to whichever committee you deem appropriate. Background: Requirements for business regulatory permits under Municipal Code Title 5 are being updated and the ordinance format is being standardized. This amendment changes the permit fee from a flat $250.00 to the cost of application processing as set forth in section 3.70.040. All additional direct costs will be paid by the applicant. The amendment also removes the permit requirement for commercial filming on private property except where pyrotechnics or special effects are used. LML:pm Attachment cc: Bill Descary, Treasurer oRDn,, CE AN ORDINANCE ADDING C~ 5.35 TO ~ 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 Bakersfield Municipal Code to read as follows: CHAPTER 5.35 MOTION PICTURES Sections: 5.35.010 Definitions. 5.35.020 Permit - Required - Exceptions. 5.35.030 Application - Issuance - Fee. 5.35.040 Regulations. 5.35.050 Revocation. 5.35.060 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 or television pictures, in violation of this-chapter or without first having procured and maintained a valid permit from the city manager or his designee. 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. 3. Projects produced by a nonprofit organization qualified as charitable under Section 501(c)(3) of the Internal Revenue Code. 5.35.030 ApDlication - Issuance - Fe-. 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. Ail 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 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; 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, 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 - 3 - agents has violated this chapter in the pst three years; 3. The applicant will conduct said project in an orderly, proper and lawful manner; and 4. That said activity will not constitute a nuisance nor disturb neighboring residents or businesses. 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. 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. -- 4 '-- 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 necessarYby 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 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 misrepresentations were made on the application; or B. That any of the terms or conditions of said permit have been violated, or that the business has been operated in violation of local, state or federalS/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 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. ,o0o ' 6 - / 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: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED CLARENCE E. MEDDER$ MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield LCM/meg BUS-ORD\ FLMPERM2.ORD 1/22/92 - 7 -