Ord 1827 - Adding Article II to Chapter 22 of the Town Code Establishing a Commercial Film Permit ProcessORDINANCE 1827
AN ORDINANCE OF THE TOWN OF LOS GATOS
ADDING ARTICLE II TO CHAPTER 33 OF THE TOWN CODE
ESTABLISHING A COMMERCIAL FILM PERMIT PROCESS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY
ORDAIN:
SECTION I
Article II of Chapter 33 of the Town Code of the Town of Los Gatos is hereby
enacted to read as follows:
ARTICLE II.
Sec. 33.20.010 Purpose
The purpose of this Article is to regulate the motion picture, television and
commercial still photography industry in the Town of Los Gatos.
Sec. 33.20.020 Definitions
For the purpose of this Article, the following words and phrases shall have
the meanings respectively ascribed to them by this section:
"Motion picture, television, still photography" shall mean and include all
activity attendant to staging or shooting commercial motion pictures, television shows
or programs, and commercials.
"Charitable films" shall mean commercials, motion pictures, television video
tapes, or still 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 video taping for the purpose of
spontaneous, unplanned television news broadcast by reporters, photographers or
camerapersons.
Sec. 33.20.030 Permit Required
No person shall use any public or private property, facility or residence for
the purpose of taking commercial motion pictures or television pictures or
commercial still photography without first applying for and receiving a permit from
the Chief of Police.
Sec. 33.20.040 Exemption from Permit Requirements
(a) News Media: The provisions of this Chapter shall not apply to or
affect reporters, photographers or camerapersons 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.
(b) The filming or video taping of motion pictures solely for private - family
use.
Sec. 33.20.050 Rules and Regulations
(a) Change of Date: Upon the request of the applicant, the issuing authority
shall have the power, upon a showing of good cause, to change the date for which
the permit has been issued, provided established limitations are complied with in
respect to time and location.
(b) Rules: The Town Manager is hereby authorized and directed to
promulgate rules and regulations, subject to approval by resolution of the Town
Council, governing the form, time, and location of any film activity set forth within
the Town. He /She shall also provide for the issuance of permits. The rules and
regulations shall be based upon the following criteria:
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(1) The health and safety of all persons;
(2) Avoidance of undue disruption of all persons within the affected
area;
(3) The safety of property within the Town; and
(4) Traffic congestion at particular locations within the Town.
Sec. 33.20.060 Applicants and Issuance
(a) Issuing Authority: The issuing authority shall be the Town Manager
or designee.
(b) Applications: 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 specific location at such address or place;
(3) The inclusive hours and dates such activity will transpire;
(4) A general statement of the character or nature of the proposed
filming activity;
(5) The name, address and telephone number of the person or
persons in charge of such filming activity;
(6) The exact number of personnel to be involved;
(7) Use of any animals or pyrotechnics; and
(8) The exact amount /type of vehicles /equipment to be involved.
(c) User fees shall be in accordance with existing fees at time of
applications established by resolution.
(d) Reimbursement for Personnel: The production company shall
reimburse the Town for any personnel provided to the company (i.e., police, fire,
traffic) for the purpose of assisting the production.
K,
Sec. 33.20.070 Liability Provisions.
(a) Liability Insurance: Before a permit is issued, a certificate of insurance
will be required in an amount not exceeding one million dollars ($1,000,000) naming
the Town as a coinsured for protection against claims of third persons for personal
injuries, wrongful deaths, and property damage. The Town officers and employees
shall be named as additional insureds. The certificate shall not be subject to
cancellation or modification until after thirty (30) days written notice to the Town.
A copy of the certificate will remain on file with the Town Clerk.
(b) Worker's Compensation Insurance: An applicant shall conform to all
applicable federal and State requirements for Worker's Compensation Insurance for
all persons operating under the permit.
(c) Hold Harmless Agreement: An applicant shall execute a hold harmless
agreement as provided by the Town prior to the issuance of a permit under this
ordinance.
(d) Faithful Performance Bond: To ensure cleanup and restoration of the
site, an applicant may be required to post a refundable faithful performance bond
(amount to be determined) at the time application is submitted. Upon completion
of filming and inspection of the site by the Town, the bond may be returned to the
applicant.
Sec. 33.20.080 Violation
If an applicant violates any provision of this ordinance or a permit issued
pursuant thereto, the Town may cancel the permit. Violation of the terms and
conditions of the film permit is considered an infraction.
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SECTION II
This Ordinance takes effect 30 days after it is adopted. Within 15 days after this ordinance
is adopted the Town Clerk shall cause it to be published once in a newspaper of general
circulation published and circulated in the Town.
This Ordinance was introduced at a regular meeting of the Town Council of the
Town of Los Gatos on the 18th day of JUNE, 1990, and adopted by the following vote as
an Ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the
Town of Los Gatos on the 2nd day of JULY, 1990.
COUNCIL MEMBERS
AYES: Joanne Benjamin, Eric D. Carlson,
Robert Hamilton, Brent N. Ventura,
Mayor Thomas J. Ferrito
NAYES: NONE
ABSENT: NONE
ABSTAIN: NON
SIGNED:
YOR OF T N OF LOS GATOS
LOS GATOS, ALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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