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HomeMy WebLinkAboutNS-1547ORDINANCE NO. NS-1547 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE BY ADDING SECTIONS 10-2 THROUGH 10-5 TO PROVIDE A FILMING PERMIT REQUIREMENT AND THE STANDARDS THEREFOR FOR COMMERCIAL MOTION PICTURE FILMING OR ELECTRONIC VIDEO TAPE RECORDING THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 10-2, which section reads as follows: Sec. 10-2. Motion Picture Permit; Exceptions (a) Except as otherwise hereinafter provided, it shall be unlawful for any person to take or cause to be taken any commercial motion picture or electronic video tape in or upon any property owned or controlled by the City of Santa Ana unless and until a permit to take such commercial motion picture or electronic video tape has been obtained pursuant to Section 10-3. (b) This section shall not apply to persons taking motion pictures or electronic video tapes for their own personal entertainment and not for commercial purposes, nor shall it apply to person engaged in taking motion pic- tures or electronic video tapes for news-gathering or re- porting purposes. SECTION 2: That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 10-3, which~aid section reads as follows: ~S~. 10-3. Application for Permit. (a) '~y person desiring a permit for taking motion pictures or electi'(~ic video taping shall apply to the City Manager for a permit'at least fifteen (15) days in advance of the proposed activity on a form to be provided by the City Manager. The application shall be verified and may contain any or all of the following information as required by the City Manager: (1) The name, address and telephone number of the person seeking the permit; (2) The name, address and telephone number of any organization and the responsible officer of such organiza- tion on whose behalf any such permit is sought; (3) The location of the proposed filming or video taping; (4) The dates and times of the proposed filming or video taping; (5) A list of motor vehicles and their license numbers proposed to be parked during any such filming or taping; (6) The services of city employees desired or required on the proposed location before, during and after filming or taping; (7) A description of the scene to be filmed or taped; ORDINANCE NO. NS-1547 PAGE TWO (8) The name of the person to be in charge of the filming or taping activity; and (9) Such other information as the City Manager shall deem reasonably necessary in determining whether the permit should be issued. (b) Each application for a permit required by Section 10-2 shall be accompanied by proof that a nonre- fundable application fee as established by resolution of the City Council has been deposited with the Director of Finance. SECTION 3: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 10-4, which section reads as follows: Sec. 10-4. Insurance and Indemnity (a) Prior to issuance of any permit required by Section 10-2, the City Manger shall require that the appli- cant shall have obtained a comprehensive general liability insurance policy or policies in a form as approved by the City Attorney, issued by an insurance company or companies authorized to do business in the State of California, with coverage that includes the permitted activities and the location in which the filming or taping activities shall occur and any other area used by the applicant. The City of Santa Ana, its officers, and employees shall be named as additional insureds on said policy or policies. The policy limits of said insurance policy or policies shall not be less than one million dollars ($1,000,000) per occurrence combined single limit for both bodily injury and property damage. Said policy or policies shall also contain a pro- vision that no termination, cancellation or change of cover- age of insured or additional insured shall be effective until after ten (10) days notice thereof has been given in writing to the Clerk of the Council of the City of Santa Ana. (b) Each person, as defined in this Code, to whom a permit is issued hereunder shall indemnify and hold harm- less the City of Santa Ana, its officers, agents and employees, from and against all damages to property or injuries to or death of any person or persons, including officers, agents and employees of the City of Santa Ana, and shall defend, indemnify and save harmless the City of Santa Ana, its offi- cers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, includ- ing, but not by way of limitation, workers' compensation claims, of or by anyone whomsoever, in any way resulting from any act or omission of such person or such person, officers, agents or employees. SECTION 4: That the Santa Ana Municipal Code, is hereby amended by adding a section to be numbered 10-5, which section reads as follows: Sec. 10-5. Issuing or Denying Permit; Appeal (a) The City Manger shall issue a permit required by Section 10-2 upon a finding that: (1) The applicant has complied with all applicable laws; and (2) The conduct of the applicant will not sub- stantially interrupt the safe and orderly movement of traf- fic or ~he scheduled maintenance of buildings or grounds at the location; and (3) The conduct of the applicant will not inter- fere with fire and police protection or ambulance service to areas in the vicinity of the filming or taping; and ORDINANCE NO. NS-1547 PAGE THREE (4) There is no other previously planned use of the location; and (5) The applicant has deposited an amount of money as determined by the Director of Finance to defray costs to be incurred by the City, including, but not limited to, personnel, material and equipment costs. After deduc- tion of actual costs incurred by the City, any balance shall be refunded to the applicant. If the actual cost to the City is greater than the deposit, the applicant shall promptly pay the excess to the City upon receipt of a billing thereof. (b) The City Manager shall deny the application for a permit required by Section 10-2 upon a finding that: (1) Facts are contrary to the findings required to be made for issuance of such permit; or (2) The information contained in the application is false in any material detail. (c) Any person aggrieved by any action of the City Manager pursuant to this section shall have the right to appeal as provided by Chapter 3 of this Code. SECTION 5: If any section, subsection, sen- tence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such de- cision shall not affect the validity of the remaining por- tions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 6: Neither the adoption of this or- dinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution or violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue to full force and effect. ADOPTED the 5th day of by the following vote: , 198~ , AYES: NOES: COUNCILMEN: Bricken, Griset, Luxembourger, Serrato, Yamamoto COUNCILMEN:~e~ Ward ABSENT: COUNC IL~EN: None ATTEST: CITY ATTORNEY