Chapter 17.164 — MOTION PICTURE PRODUCTION

It is the purpose and intent of the City to encourage the motion picture and television production industry to utilize the scenic beauty and variety of backdrops afforded in the City as locations for filming, videotaping, or otherwise recording motion pictures for movie or television production for commercial purposes, provided such activities do not reasonably interfere with the public health and safety of our citizens or unreasonably endanger any property within the City. It is the purpose and intent of this chapter to provide the means by which such activities may be reasonably regulated to preserve the public health and safety and provide for the protection of property, to not unduly restrict such activities, and to maintain harmonious relations between the community and those engaged in such activities.

(Prior code § 116.01)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

“Charitable purposes” means the filming, videotaping or otherwise preserving for motion picture or television production, or photographing for display, conducted by an organization which qualifies under Internal Revenue Code of 1954 Section 170 as a charitable organization, provided that no individual, either directly or indirectly, receives a profit from the production, marketing or showing of the products thereof.

“Film Permit Officer” means the City Manager or designee. The Film Permit Officer also serves as the City’s liaison to the California Film Office.

“News purposes” means the filming, videotaping, photographing or otherwise preserving for newspapers or television news broadcasting by reporters, photographers or camera operators in the employ of a newspaper, news service, television station or similar entity, of news events concerning those persons, scenes or occurrences which are in the news and are of general public interest. (Prior code § 116.02)

Except as otherwise provided in this chapter, it is unlawful for any person to engage in the business or activity of the filming, videotaping or otherwise producing motion pictures for television or public exhibition at any place within the City, other than at or in an established motion picture, television or photography studio unless such person has first been issued a motion picture permit by the Film Permit Officer.

(Prior code § 116.03)

The provisions of this chapter shall not apply to the filming, videotaping or otherwise preserving of motion pictures:

• A. Solely for private or family use;

• B. For use in a criminal investigation or civil proceeding;

• C. For news purposes;

• D. For charitable purposes. (Prior code § 116.04)

An application for a motion picture permit shall be submitted to the Film Permit Officer, on a form which the Film Permit Officer shall furnish, wherein the applicant shall state the following information:

• A. Full legal name of applicant;

• B. Business name of applicant (if different);

• C. Business address of applicant;

• D. Business telephone number of applicant;

• E. Location(s) of proposed motion picture activity;

• F. Date(s) and time(s) of proposed motion picture activity;

• G. A description, including the number and type of all motor vehicles that applicant will utilize;

• H. Services of City employees desired or requested on location during the proposed activities;

• I. A list of all public facilities which applicant desires to use in conjunction with the proposed activity;

• J. The name of the person in charge at each location where the proposed activity will occur;

K. Such other information as the Film Permit Officer may deem necessary. (Prior code § 116.05)

An application fee, to cover the actual cost of processing the permit, in an amount determined by resolution of the City Council, shall be paid by the applicant to the Film Permit Officer when the completed application form is submitted for approval. (Prior code § 116.06)

Upon a determination by the Film Permit Officer that the activities described in the application form do not pose a threat to the public health and safety and provide for the protection of property, the application may be approved. The Film Permit Officer may impose such conditions to approval as are necessary to make such a determination. If such a determination cannot be made, the application for motion picture permit shall be denied. (Prior code § 116.07)

Upon the approval or conditional approval of the application for a motion picture permit and after the applicant has:

• A. Procured public liability insurance in the amount of $1,000,000 combined single limit naming the City as coinsured (this requirement may be waived by the Director of Finance);

• B. Executed an agreement to indemnify, defend and save the City harmless from any and all claims and liability of any kind whatsoever resulting from or arising out of the issuance of such permit; and

• C. Prepaid such costs as the Film Permit Officer reasonably estimates will be incurred by the City for the use of its personnel and facilities with overpayments to be reimbursed and underpayments billed for payment to the applicant 30 days after the final day of shooting.

The Film Permit Officer shall issue a motion picture permit to the applicant. The permit shall be subject to the conditions of the approved application. (Prior code § 116.08)

The term of the permit shall be for such period of time as is necessary to complete the activities set forth in the application for the permit. (Prior code § 116.09)

If the activities described in the application form are not completed when the permit expires, and upon good cause shown, the Film Permit Officer may extend the term of the permit for a period of time necessary to complete the activities set forth in the application for the permit. (Prior code § 116.10)

The permittee shall reimburse the City for all costs incurred by the City which result from the issuance of the permit and the activities authorized therein. (Prior code § 116.11)

The Film Permit Officer is authorized to promulgate such rules and regulations as are necessary to realize the purpose and intent of this chapter and which are not inconsistent therewith. (Prior code § 116.12)

The Film Permit Officer may suspend or revoke a permit if the permittee violates any of the conditions of approval, performs those activities described in the application for motion picture permit in a manner that poses a threat to the public health and safety or the preservation of property, or engages in activities outside the scope of the activities described in the application. (Prior code § 116.13; Ord. 695 10-15-19)

Any person aggrieved by an action taken by the Film Permit Officer may file a written appeal within 15 days of such action. The conduct of the hearing shall be pursuant to applicable sections of Chapter 4.36 of the Desert Hot Springs Municipal Code, as may be amended. The decision of the Hearing Officer shall be final.

(Prior code § 116.14; Ord. 695 10-15-19)