Ordinance - 1582ORDINANCE NO. 1582
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, ADDING
ARTICLE VIII TO CHAPTER 1.5 OF THE WEST
COVINA MUNICIPAL CODE TO PROVIDE FOR
PERMITS FOR MOTION PICTURE'AND TELEVISION
PRODUCTION.
THE CITY COUNCIL OF THE CITY OF WEST COVINA DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 15 of the West Covina Municipal Code is hereby amended
to add Article VIII, to read as follows:
ARTICLE VIII. MOTION PICTURE AND TELEVISION PRODUCTION
Sec. 15-160. Purpose
It is the policy of the City of West Covina to permit the motion
picture and television production industry to utilize the variety of
backdrops afforded within the City of West Covina as locations for filming
or video taping for motion picture and television production so long as
the use of locations within the City does not unreasonably interfere with
the public health and safety or unreasonably endanger any property. It
is the purpose of this article to provide for rules and regulations
governing the issuance of permits for filming or video taping on location
within the City in order to ensure that motion picture and television
companies wishing to use locations within the City will not be unduly
restricted so long as their activities in this regard are not inconsistent
with considerations of the public health and safety and the protection of
property.
Sec. 15-161. Definitions'.
(a) "News purposes" as specified in this article shall mean: The
filming or video taping for television news broadcasting by reporters,
photographers or cameramen in the employ of a newspaper, news service, or
similar entity, of news events concerning those persons, scenes, or
occurrences which are in the news and of general public interest.
(b) "Charitable purposes" shall mean filming or video taping for
motion picture or television production conducted by an organization which
qualifies under Section 170 of the Internal Revenue Code of 1954 as a
charitable organization provided that no individual either directly or
indirectly receives a profit from the production, marketing or showing of
the films or tapes.
(c) "Studios" shall mean an established or fixed place of business
where filming or video taping for motion picture or television production
is regularly conducted upon the premises.
Sec. 15-162. Permit Required
Except as otherwise provided in Section 15-163 it shall be unlawful
• for any person to engage in the business or activity of filming, video
taping or producing motion pictures on motion picture film or electronic
video tape for public exhibition as motion pictures or for television,
at any place within the City, other than at or in an established motion
picture or television studio, without a permit from the Chief of Police.
Sec. 15-163. Exemptions.
The provisions of this article shall not apply to:
(a) the filming or video taping of motion pictures solely for
private or family.use:
• (b) the filming or video taping of motion pictures for use in a
criminal investigation or civil proceeding;
(c) the filming, video taping or production of motion pictures for
news purposes.
Sec. 15-164. Application Form.
The Chief of Police shall furnish application for such permit. Such
forms shall request the following information:
(a) full legal name of applicant;
(b) business name of applicant (if different);
(c) business address of applicant;
(d) business telephone of applicant;
(e) location(s) of proposed filming or taping;
(f) date(s) and time(s) of proposed filming or taping;
(g) Security/cleaning bond posted in the amount established by
. Resolution of the City Council of the City of West Covina.
(h) services of city employees desired or required on location
during filming;
(i) description of the scene(s) to be filmed or taped;
(j) name of person in charge on location;
M such other information as the Chief of Police may deem
necessary or desireable.
Sec. 15-165. Time For Filing Application.
Applications shall be presented to the Chief of Police at least
five (5) business days in advance of the time that the proposed filming,
taping or production is to commence.
Sec. 15-166. Filing Fee.
Each application shall be accompanied by a nonrefundable application
and investigation fee in the amount established by Resolution of the City
Council of the City of West Covina. Said fee shall be payable to the City;
provided, however, that no fee shall be required of applicants filming
or video taping for motion picture or television production for charitable
purposes. In the event that weather conditions or other circumstances
• beyond the control of the applicant require that the date(s) or time(s) of
the proposed filming or taping be altered, no additional application and
investigation fee shall be required because of such alteration of the date(s)
or times(s) so long as the Chief of Police is given reasonable notice of
alteration.
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Sec. 15-167. Determination by Chief of Police.
Before granting any permit pursuant to this article, the Chief
of Police shall first determine that such filming or video taping for
motion picture or television production will not unreasonably interfere
with the public health and safety or unreasonably endanger any property.
In making this determination, the Chief of Police shall take into consid-
eration the noise, traffic hazards, fire hazards and other health and
safety problems that are likely to be caused by such activities.
Sec. 15-168. Cost of Police, Fire, Etc.
If the Chief of Police determines that any potential danger of
health, safety or property would be eliminated by the presence of police
or fire protection at the site of the filming or video taping for motion
picture or television production, the Chief may grant the permit upon
condition that the permittee pay in advance to the City the costs of such
police or fire protection as may be required.
Sec. 15-169. Insurance
It shall be a condition of the insurance and continued validity of
any permit granted pursuant to this article that the permittee first
obtain, pay for and maintain a policy of general liability insurance
approved as to form by the City Attorney which shall insure the City, its
officers and employees against any liability, or claims of liability,
brought or made by or on behalf of any person for personal injury or
property damage caused by or arising out of any negligent act or ommision
of either the permittee, his agents or employees, including any officers
or employees of the City, or caused by or arising out of the condition
of any City -owned or controlled property, whether real or personal, and
occurring during the period and as a result of the activities for which
such permit was issued. The amount of coverage to be provided by such
policy shall be established by Resolution of the City Council of the
City of West Covina. The permittee may satisfy the requirement imposed
by this section through the presentation of a certificate of insurance,
for at least the required amount of coverage, which indicates that, by
endorsement thereto, the City, its officers and employees have been added
as additional insureds. Such certificate shall additionally provide
that the required insurance will not be modified, changed or terminated
until at least ten (10) days written notice thereof has been transmitted
to the Chief of Police.
Sec. 15-170. Indemnity
It shall be a condition of the issuance of any permit granted
pursuant to this article that the permittee shall agree to defend and to
hold the City, its officers and employees harmless, from any and all
claims and liability of any kind whatsoever resulting from or arising
out of the issuance of such permit.
Section 2. The City Clerk shall certify to the adoption of this Ordinance
and shall cause the same to be published in the manner prescribed by law.
PASSED AND APPROVED this 14th day of
Attest:
izlzt"
City Clerk
March
, 1983.
Mayor
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF WEST COVINA )
I Helene Mooney, City Clerk of the City of West Covina, do hereby certify
that the foregoing Ordinance No. 1582 was regularly introduced and placed
upon its first reading at a regular meeting of the City Council on the 28th
day of February , 1983. That thereafter, said ordinance was duly
adopted and passed at a regular meeting of the City Council on the 14th day
of March , 1983, bythe following vote, to wit:
AYES: Councilmen: Bacon, Tennant, Shearer, Chappell, Tice
NOES: Councilmen: None
ABSENT: Councilmen: None
APPROVED AS TO FORM:
•
City Attorney
•
hy
City Clerk
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C E.R T IF ICAT ION
State of California. )
County of Los Angeles ) ss.
City of West Covina )
I, JANET BERRY, Deputy City Clerk of the City of
West Covina., State of California., do hereby certify
that a true and accurate copy of Ordinance No.15919-
was published, pursuant to law, in the West Covina
Tribune, a newspaper of general.circula.tion published
and circulated in the City of West Covina.
Dated_g
Janet Berry, Deputy Ci y Clerk
City of West Covina, California