R-9862
F :\atty\mu n i\laws\mjm\fil mfees .doc
City Council Meeting 6-17-03
Santa Monica, California
RESOLUTION NO. 9862 (CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA SETTING FEES AND REQUIREMENTS
FOR FILM PERMITS AND FOR USING PUBLIC PROPERTY
FOR FILMING
WHEREAS, it is the policy of the City of Santa Monica to require permits and charge
fees for certain commercial uses of public property; and
WHEREAS, the Municipal Code allows user fees to be set by ordinance, by City
Council resolution, or by any other means allowed by law; and
WHEREAS, the City Council wishes to set certain fees for film permits and for using
public property for filming by this Resolution
WHEREAS, the City Council also wishes to establish certain procedures and
requirements relating to such permits,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. Fees for permits for commercial filming and commercial photography
on public property shall be charged as specified on Attachment A which is attached to and
is a part of this Resolution.
SECTION 2. Fees for using public property for commercial filming and commercial
photography on public property shall be charged as specified on Attachment A.
SECTION 3. Fees for permits for non-profit/educational filming and photography on
public property shall be charged as specified on Attachment A.
SECTION 4 Fees for using public property for non-profit/educational filming and
photography on public property shall be charged as specified on Attachment A.
SECTION 5. Commencing upon July 1, 2004, and on July 1 of each fiscal year
thereafter, all fees established by Sections 1 through 4, inclusive, of this Resolution shall
be administratively revised annually by a factor equal to the difference in the Los Angeles-
Anaheim-Orange County Consumer Price Index for Wage Earners and Clerical Workers
for the twelve (12) month period April through April of the prior fiscal year. No later than
January ,2008 and at least five (5) year intervals thereafter, the City will conduct a
comprehensive study of all fees set by this Resolution to determine if fees are adequately
recovering City costs for these services and the results of the comprehensive study shall
be reported to the Council.
SECTION 6, Filming Permits for Commercial and Other Filming and
Photography.
A. Permits are required for commercial and certain other filming and
photography on City property. Permits for filming on City property, except
the Santa Monica Airport, are issued by the Department of Environmental
and Public Works Management (EPWM). Commercial filming shall be
defined as motion picture and television productions of any type
whatsoever including serials, videos, commercial advertisements and off-
news productions, and shall also apply to still photography for the same
purposes. Student, educational and non-profit filming shall also be
governed by this Resolution. No commercial filming shall be accomplished
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without first obtaining the appropriate permits and approvals as defined
herein.
B. Applications for required permits shall be made upon forms provided by
EPWM. The permits shall specify the location to be used, the date(s) and
time(s) for which the permit is desired and any special conditions
regarding the use of the permits as the Director of EPWM or his/her
designate shall, at his/her discretion, determine. Required permits shall
set forth the fee or charge which is to be paid to the City at the time the
permit is issued
C. Each permit shall specify that no reference shall be made by dialogue or
picture to the Santa Monica Police Department, its officers or personnel
or to the City of Santa Monica, except as persons familiar with the
community might recognize the locale.
SECTION 7. Restrictions on Filming.
A. The following special provisions apply to filming at certain locations in the City:
1. Airport
No aircraft shall be brought to the Santa Monica Municipal Airport for commercial
filming purposes unless it complies with the 95 decibel maximum noise limit
established by the Santa Monica City Council. Any aircraft used for this purpose
must be approved by the Airport Manager.
2. City Hall
Interior shooting shall only be allowed on non-workdays or after 6 p.m. on
workdays upon approval by the City Manager.
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3. Public Property in Commercial Areas
No filming shall be allowed in commercial areas from the day before
Thanksgiving to January 2. This restriction may be waived by the Director of
EPWM or his/her des,ignate if in his/her determination there will be no significant
use of the public right-of-way (i.e., streets, sidewalks, alleys) and no use of public
parking in the commercial areas. In addition, if there is any residence located
within 250 feet of the proposed filming site, filming may only take place between
the hours of 8 a.m. and 10 p.m
4. R~idential Areas
Filming in any residential neighborhood of the City shall only be allowed between
the hours of 8 a.m. and 10 p.m.
B. INSURANCE
Each filming permit shall contain a statement that the permittee holds the City
harmless from any and all liability for personal injury and property damage arising out of
the use of the permit and the use of City property and facilities. In addition, as a
condition of the issuance of a permit, the permittee shall first provide public liability
insurance naming the City of Santa Monica, its City Council, boards and commissions,
officers, agents and employees as co-insureds, in amounts of not less than a combined
single-limit policy with aggregate limits as determined by the City's Risk Management
Division and required by that office in an amount of not less than $1,000,000. The
certificate of insurance shall be furnished to the Director of EPWM or his/her designate
and shall further contain a provision that notice in writing is to be provided to the
Director of EPWM or his/her designate within thirty (30) days prior to cancellation of the
policy.
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C. DENIAL OF PERMIT
The Director of EPWM or his/her designate, upon application for a permit, shall
review it, and may seek the advice of other City Departments as may be affected by the
requested filming or photography activities prior to issuance of permit. If the Director or
his/her designate finds that the issuance of a permit would constitute a hazard to the
welfare of the community or its citizens, pose a threat to public safety, endanger lives or
property, unreasonably disrupt, impede or block any public street, sidewalk or right-of-
way, or interferes with City businesses or services, he or she may refuse to issue the
permit.
D. STUDENTS AND NON-PROFIT ORGANIZATIONS
Students shall supply a written certificate from the school they attend which shall
state that they are bona-fide, currently enrolled students of the school. Non-profit
organizations shall supply a certificate stating that they are exempt and classified as
non-profit under federal and state taxing statutes.
E. EDUCATIONAL FILMS
For the purposes of this Resolution, an educational film shall be one which
provides instruction, especially for students, ultimately limited to classroom use, and for
which no admission charge for viewing it will be made. The Director of EPWM or his/her
designate shall have discretion hereunder to determine, pursuant to this subsection,
whether the permit application is for commercial or for educational filming.
F. The provisions of this Resolution shall not apply to the Santa Monica Civic
Auditorium.
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SECTION 8. Resolution Number 9346 (CCS) is hereby repealed,
SECTION 9. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
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ATTACHMENT 1
USE OF PUBLIC PROPERTY FOR FILMING FEES
PERM IT FEE USE FEE TOTAL FEE
Airport Motion $ 250 $ 750 $ 1,000
Still $ 100 $ 400 $ 500
Beaches Motion $ 250 $1,000 aoo $ 1,250+W
Still $ 100 $ 100 $ 200
Bayside District Motion $ 250 0*** $ 250
Still $ 100 0*** $ 100
City Hall Exterior
Motion* $1 ;500 0 $ 1,500
Still** $ 500 0 $ 500
Interior
Motion* $2,500 0 $ 2,500
Still** $1,000 0 $ 1,000
Also requires $25,000 security deposit **Also requires $ 1,000 security deposit
~* Use fees may be charged by the Bayside District Corporation
PARKS Motion $750 $250 () $1,000 +w
Still $200 0 $ 200
PIER/ Motion $250 * $250
CAROUSEL Still $100 * $100
* Additional use fee may be collected by Pier Restoration Corporation
PERMIT FEE USE FEE TOTAL FEE
STUDENT Motion & $ 100 0 $ 100
Still
NON-PROFIT/ Motion & $100 0 $100
EDUCATIONAL Still
ALL OTHER Motion & $500 0 $500
LOCATIONS Still $200 0 $200
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SCHEDULE
CHANGES
$ 50 for each scheduled day change or cancellation
requested by the permittee.
ASSOCIATED CHARGES
1. Charqes for After Hours Use of Non-Sworn City Personnel
The use of any location or area which causes special difficulty or expense to the City,
thereby requiring the use of non-sworn City personnel (i.e., other than police and fire
personnel) in any capacity in connection with such commercial filming or photography,
and for the use of City personnel for general assistance, supervision, or other purposes
for such filming or photography outside of regular work hours, a per hour charge of two
times the overtime salary for each employee for a minimum of four (4) hours shall be
paid by the permittee to the City.
2. Penalty Fees
In the event a permittee or other person violates the provisions of Section 3, Special
Provisions, relating to allowable hours of filming activity, said activity will be immediately
stopped and penalty fees shall be charged as follows:
An additional charge for an additional day
of commercial filming as noted in Section 2, Fees
Penalty fee for commercial motion picture and television filming $500
Penalty fee for commercial still photograph $200
Penalty fee for educational filming, student filming or filming by a non-profit organization
$100
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,
Adopted and approved this 17th day of June, 2003.
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby
certify that the foregoing Resolution No. 9862 (CCS) was duly adopted at a
meeting of the Santa Monica City Council held on the 17th day of June, 2003, by
the following vote:
Ayes: Council members: Feinstein, Katz, Holbrook, O'Connor, Genser,
Pro T em McKeown, Mayor Bloom
Noes: Council members: None
Abstain: Council members None
Absent: Council members: None
ATTEST:
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Maria M. Stewart, City."perk