No person shall use any city street, alley, sidewalk, park, or other public property owned or controlled by the city for the purpose of making commercial films without first applying for and receiving a permit from the city administrator or designee, provided that the provisions of this chapter shall not apply to or be construed to affect: (1) news media; and (2) filming solely for private-family use.

No person shall use any private property for the purpose of making commercial films without first applying for and receiving a permit from the city administrator or designee, provided that the provisions of this chapter shall not apply to or be construed to affect: (1) news media; and (2) filming solely for private-family use.

Prior to the granting of the application, each applicant shall agree to indemnify, defend and hold the city, its authorized agents, officers, representatives and employees harmless from and against any and all costs, liabilities, penalties, or other expenses, including defense costs and legal fees, resulting from any and all claims or damage of any nature, including any accident, loss or damage to persons or property.

Each application for filming under this chapter shall be completed in full and filed with the city administrator or designee a minimum of two (2) weeks prior to the first day of filming proposed; fast tracking is available.

Each application must include the following information:

The applicant shall submit the permit application on the form adopted and in use by the Orange County film commission.

The city administrator or designee may refer the application to such appropriate city departments as are directly impacted by the application and as he or she deems necessary from the nature of the application for review, evaluation, investigation and recommendations by the departments regarding approval or disapproval of the application.

The city administrator or his/her designee shall issue a permit if the proposed use will not:

Except as provided herein, each applicant must comply with all city, state and federal laws, regulations and ordinances, and must obtain all necessary permits and licenses as a precondition for the commencement of commercial film production hereunder. Thereafter, the permittee shall remain in full compliance with all such city, state and federal laws, regulations and ordinances, permits and licenses throughout the filming.

The city administrator or his/her designee shall deny the permit if the conditions of the chapter and all applicable laws and regulations have not been met or if the application contains incomplete or false information.

The city administrator or his/her designee may immediately revoke a permit which has been granted if the conditions of the chapter and all applicable laws and regulations are no longer being met, if the information supplied by the applicant becomes false or incomplete, or if any substantial change in circumstances results in the proposed use becoming detrimental to the public peace, health, safety or general welfare.

An application fee shall be required for formal processing of every application made under this chapter per the prescribed fee as established by city council resolution.

No application fee shall be required of charitable or student films or for filming conducted on behalf of the city or any city department or division.

A business license tax shall be required for any applicant whose sole business is commercial filming, the fee for which shall be as established in Section 5.08.340.

Each permittee shall reimburse the city for all costs incurred for city personnel or equipment provided to the applicant for the purpose of assisting or providing security or protection for activities conducted under the permit. The amount of the reimbursement shall be determined by the city administrator or his/her designee.

The applicant shall be required to obtain the property owner’s permission, consent, and/or lease for use of property not owned or controlled by the city.

If the applicant needs to park equipment, trucks, and/or cars on public streets, temporary “No Parking” signs may be posted subject to the review and approval of the public works department.

For filming that would impair traffic flow, the applicant shall use city law enforcement personnel and comply with all traffic-control requirements deemed necessary by the city.

Emergency service roads and/or emergency accesses from tracts shall never be blocked without prior approval. No relocation, alteration or moving of city-owned structures or property shall be permitted without prior approval.

The applicant shall conduct operations in an orderly fashion with continuous attention to the storage of equipment not in use and the cleanup of trash and debris. The area used shall be cleaned of trash and debris upon completion of filming at the scene and restored to the original condition before leaving the site.

The applicant shall be liable for any damage suffered by the city resulting from the granting or use of this permit and at the election of the city, shall repair the damage or reimburse the city for all expenses related to such damage.

As a condition of issuance of a permit, every applicant must procure and maintain in full force and effect during the term of the permit a policy of insurance from an insurance company licensed to do business in California, which policy names the city, its officers, employees and agents as additional insureds and which provides sufficient coverage that the city administrator or his/her designee determines to be necessary and adequate under the circumstances. Proof of insurance shall be submitted to the city prior to the issuance of the permit. The city administrator or his/her designee may waive the requirement of insurance if the city administrator or his/her designee determines that the intended use does not present any significant exposure to liability for the city, its officers, employees and agents or to public property damage.

The applicant shall conform to all applicable federal and state requirements for workers’ compensation insurance for all persons operating under a permit.

Surety or Bond. To insure cleanup and restoration of the site, the permittee may be required to post a refundable faithful performance bond, cash surety or other comparable form or guarantee in an amount to be determined by the city administrator or his/her designee at the time application is submitted. Upon completion of filming and inspection of the site by the city, the guarantee may be returned to the applicant.

The city administrator or his/her designee shall act upon the application in a timely fashion and shall approve or disapprove the application in a period of not greater than five (5) days following the filing of the application. The applicant shall be immediately notified of the action of approval, denial or revocation of the permit application or permit issued under this chapter.

An applicant or permittee aggrieved by the city administrator or his/her designee under this chapter shall have the right to appeal to the city council within five (5) calendar days after notice has been received. The city council shall act upon the appeal within fifteen (15) days of the filing of the appeal.