Mountain Views News          Saturday, June 12, 2010

Mountain Views News 80 W Sierra Madre Blvd. No. 327 Sierra Madre, Ca. 91024 Office: 626.355.2737 Fax: 626.609.3285 Email: editor@mtnviewsnews.com Website: www.mtnviewsnews.com

12 

 Mountain Views News Saturday, June 12, 2010


City of Sierra Madre

ORDINANCE NO. 1308

 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SIERRA MADRE AMENDING IN ITS ENTIRETY 
CHAPTER 5.36 OF THE SIERRA MADRE MUNICIPAL CODE REGULATING THE PERMITTING OF FILMING 
AND VIDEO FILMING ACTIVITY IN THE CITY 

WHEREAS, the City of Sierra Madre is often used as a backdrop for commercial and film production due to its close 
proximity to the Foothills of the San Gabriel Mountains, the Mount Wilson trail and the unique quality and character of the 
many areas in the community;

WHEREAS, the “Uniform Film Permit Act” commencing with Section 14999.20 et seq. of the California Government Code 
encourages municipalities to adopt uniform permit procedures throughout the State;

WHEREAS, the City wishes to update Chapter 5.36 (“Filming and Video Filming”) of the Sierra Madre Municipal Code to 
establish a more uniform process for the permitting of commercial film activities in the City of Sierra Madre;

WHEREAS, as required by the Uniform Film Permit Act, the California Film Commission reviewed the City’s proposed 
ordinance and provided comment;

WHEREAS, the City Council held a meeting regarding the proposed amendments to the Sierra Madre Municipal Code as 
outlined in this ordinance, reviewed the City staff’s agenda report and received public testimony and documentary evidence 
provided prior to and at the public hearings; and 

 NOW THERFORE THE CITY COUNCIL OF THE CITY OF SIERRA MADRE DOES HEREBY ORDAIN 
AS FOLLOWS: 

Section 1. Municipal Code Amendment. Chapter 5.36 (“Filming and Video Filming”) of Title 5 (“Business Licenses and 
Regulations”) of the Sierra Madre Municipal Code is hereby amended in its entirety to read as follows: 

5.36.010 TITLE 

This Chapter shall be entitled “Commercial Photography and Motion Picture Filming” and shall constitute the rules regulating 
the permitting of commercial film activities in the City of Sierra Madre.

5.36.020 PURPOSE AND INTENT 

This chapter is to establish procedures for the review and issuance of city filming permits allowing work associated with the 
production of commercial filming activities, within the City of Sierra Madre, subject to the permit requirements. The intent of 
this chapter is to facilitate the production of such work while protecting the residents and property owners from the potential 
adverse impacts of filming activities. 

5.36.030 DEFINITIONS 

For purposes of this chapter, the following definitions shall apply: 

A. “City Film Permit” shall mean a permit issued by the City of Sierra Madre to allow the activities associated with the 
production, filming or video taping of motion picture and television shows, programs, commercials and still photography. 

B. “City Film Monitor” shall mean the City Manager of the City of Sierra Madre or his/her designee.

C. “City Produced or City Sponsored Government or Educational Access Productions” shall mean motion picture, television, 
or still photography produced by or in association with the city. 

D. “Extra Small Film Productions” shall mean a cast and crew of five or fewer persons not using a generator.

E. “Family Videos” shall mean the filming or videotaping of motion pictures or taking of still photographs solely for private 
use.

F. “Film Activity” shall mean and include all activity attendants to staging or shooting motion pictures, television shows or 
programs, and commercials and to still photo shoots as defined in this chapter. 

G. “News Media” shall mean the photographing, filming or videotaping for the purpose of spontaneous, unplanned television 
news broadcast or reporting for print media by reporters, photographers or cameramen.

H. “Small Film Productions” shall mean a cast and crew of fifty or fewer persons that are self-contained on the site where film 
activity will take place and will not involve the parking of vehicles on any public street beyond the filming site.

I. “Still Photo Shoots” shall mean commercial photography utilizing a cast and crew of three (3) or more persons. 

J. “Student Film” shall mean motion picture, television, or still photography produced to satisfy a course or curriculum 
requirement at an educational institution. The student must supple proof that he/she is currently enrolled in an educational 
institution.

K. “Studio Productions” shall mean a legally established, commercial, motion picture/television/still photography, place of 
business where filming activities (motion or still photography) are regularly conducted inside a studio/stage upon the premises.

5.36.040 CITY FILM PERMIT REQUIRED 

No person shall use any public or private property, building, facility or residence for any Film Activity without a City Film 
Permit issued pursuant to the provisions of this chapter. 

5.36.050 CITY FILM PERMIT EXCEPTIONS 

The provisions of Sections 5.36.040, 5.36.060, and 5.36.100 shall not apply to the following: 

A. News Media. B. Family Videos. C. Professional Still Photo Shoots with a crew of two or less that have been issued a 
valid business license.

D. Studio Productions. E. City Produced or City Sponsored Government or Educational Access Productions.

5.36.060 CITY FILM PERMIT APPLICATION AND ISSUANCE.

A. City Film Permit Application.

(1) Any person desiring a permit under the provisions of this chapter shall fill out an application provided by the City Film 
Monitor. The form must be signed and accompanied by all applicable fees, deposits, indemnification agreement and insurance 
certificate required by this chapter before the permit will be processed. 

(2) Such application shall be submitted at least five (5) business days prior to the date on which such person desires to conduct 
the activity for which a permit is required. If such activity involves traffic control exceeding three minute intervals and/or such 
activity involves stunts or special effects, an application shall be submitted at least seven (7) business days in advance. If such 
activity involves street closures, an application shall be submitted at least ten (10) business days in advance.

(3) Accompanying the application form shall be evidence of the following:

(a) All applicable fees and deposits.

(b) Evidence of Insurance as required under Section 5.36.100.

(c) An executed indemnification agreement, on a form approved by the City Attorney, as required under Section 5.36.110.

(d) If determined by the City Film Monitor to be necessary, written evidence of permits and/or coordination with other public 
agencies may be required upon submission of an application for a City Film Permit. The conditions and requirements of these 
responsible agencies shall be requirements of this permit. 

(e) Proof of Approval

(i) An application for a City Film Permit shall provide evidence of–property owner/tenant approval in the form of a petition, 
signature card, facsimile or e-mail from a minimum of 51% of all property owners and/or tenants, over the age of 18, for each 
parcel located within 250 feet of the perimeter of the property on which the filming is to take place.; or If the film permit will 
involve a street closure, the application for a City Film Permit shall provide evidence of property owner/tenant approval in the 
form of a petition, signature card, facsimile or email from 100% of all property owners and/or tenants, over the age of 18, for 
each parcel located within 250 feet of the perimeter of the property on which the filming is to take place and the approval of 
the Director of Public Works and the Fire and Police Chiefs is required. 

ii) For Extra Small Film Productions, Small Film Productions, and Still Photo Shoots, the applicant for a City Film Permit 
shall distribute a “Notice of Intent to Film”, explaining the date(s), time(s), location and general details of the Film Activity, to 
property owners and/or tenants within 250 feet of the location of the film site. If the Film Monitor receives written disapproval 
from more than 25% of residents and/or tenants within 250 feet of the film site within 48 hours of the delivery of the Notice 
of Intent to Film, the application for a City Film Permit shall be denied. 

B. City Film Permit Issuance.

(1) The City Film Monitor shall issue a permit as provided for in this chapter when, from a consideration of the application 
and from such other information as may be otherwise obtained, that the application complies with the provisions of this 
chapter and he or she finds that:

(a) The conduct of such activity will not unduly interfere with traffic or pedestrian movement or endanger public safety and 
that no streets will be completely closed to traffic for an unreasonable period of time. Forty-eight (48) hours advanced notice 
of any street closure shall be posted; 

(b) The conduct of such activity will not unduly interfere with normal governmental or city operations, threaten to result in 
damage or detriment to public property, or result in the city incurring costs or expenditures in either money or personnel not 
reimbursed in advance by the applicant; and

(c) At the determination of the City’s Public Works Department as well as the Sierra Madre Police and Fire Departments, that 
the condition of such activity will not constitute a fire hazard or any other type of hazard and all proper safety precautions will 
be taken as determined by the heads of the aforementioned departments or their designees.

(2) The City Film Monitor may condition the issuance of a City Film Permit by imposing reasonable requirements concerning 
the time, place and/or manner of Film Activity. The applicant shall comply with any conditions or restrictions the City Film 
Monitor may impose as a condition to issuing a City Film Permit. 

(3) The decision of the City Film Monitor to issue, conditionally issue or not issue a City Film Permit shall be final unless 
appealed pursuant to Section 5.36.080.

C. Cost of Additional Services.

 If deemed necessary by the City Film Monitor, additional police, code enforcement, fire, and other city services shall be 
provided for the purpose of protecting, assisting and regulating the proposed activity. The cost of providing such additional 
services shall be paid in advance to the City by the applicant for a City Film Permit. Additional city services will be provided 
and coordinated through the City Film Monitor.

5.36.070 REVOCATION OF CITY FILM PERMIT.

A. A City Film Permit may be revoked in writing by the City Film Monitor for the following reasons:

(1) Misrepresentation of production parameters or special effects on the permit application.

(2) Any violations of the Sierra Madre Municipal Code, State or Federal law, and/or the City’s filming rules and regulations.

(3) Any violation of the conditions imposed on the City Film Permit.

 B. The Sierra Madre Police and Fire Departments are authorized to suspend any filming 
activity not authorized by the necessary permit or when permit conditions are violated or where the City’s filming rules and 
regulations, laws or ordinances are violated. If either the Sierra Madre Police and/or Fire Departments suspend filming, such 
suspension shall be reported to the City Film Monitor who may revoke the permittee’s City Film Permit under this section.

C. The decision of the City Film Monitor to revoke a City Film Permit shall be final unless appealed pursuant to Section 

5.36.080.

5.36.080 APPEAL PROCEDURES. 

The decision of the City Film Monitor to issue, conditionally issue, not issue or revoke a City Film Permit may be appealed in 
writing within five (5) working days of the decision by requesting a hearing of the City Council at the next available meeting. 
The appeal must include copies of all pertinent material necessary to support the applicant’s position on appeal. Written notice 
of the appeal must be mailed to residents within a 250 foot radius of each filming location. Any actions of the City Council 
shall be final. Such written request for an appeal shall be accompanied by a fee, as established by City Council resolution.

5.36.090 RULES AND REGULATIONS.

The City Film Monitor is hereby authorized and directed to promulgate rules and regulations governing the time, place and 
manner of any Film Activity within the City. 

5.36.100 CITY FILM PERMIT FEES.

All fees, costs and charges associated with the issuance of a City Film Permit or associated with the regulation and enforcement 
of this chapter and the rules and regulations for Film Activity shall be set forth in a schedule of fees, costs and charges adopted 
by City Council resolution.

5.36.110 INSURANCE REQUIREMENTS.

A. At the discretion of the City Film Monitor, a certificate of insurance for general liability and automobile insurance shall 
accompany the application for a City Film Permit. Such insurance shall be in an amount not less than $1,000,000 naming the 
City of Sierra Madre, its officers, employees, agents and volunteers as additional insured for protection against claims of third 
persons for personal injuries, wrongful deaths, and property damage and to indemnify the city for damage to city property 
arising out of the applicant’s Film Activity. The certificate shall not be subject to cancellation or modification until after thirty 
days written notice to the City. Such insurance shall be issued by a company permitted to do business in the State of California 
with an AM Best’s rating of at least A-VII. Such insurance shall be evidenced by the standard General Liability Special 
Endorsement Form mandated by the California Film Commission which will remain on file with the City’s Risk Manager. 

B. An applicant shall conform to all applicable State requirements for Worker’s Compensation Insurance for all persons 
operating under a City Film Permit.

5.36.120 INDEMNIFICATION.

The applicant must submit with an application for a City Film Permit an indemnification agreement, on a form approved by the 
City Attorney, in which the applicant agrees to defend, indemnify and hold harmless the City, its officers, agents, employees 
and volunteers from all claims and liability arising from or in connection with the Film Activity and the issuance of the City 
Film Permit.

5.36.130 ENFORCEMENT. 

Notwithstanding any other penalty provided by this Code or otherwise by law, any person who violates this chapter shall be guilty 
of a misdemeanor and in addition, the City may enforce the violation by means of a civil enforcement process through a restraining 
order, a preliminary or permanent injunction, or by any other means available by law.

Section 2. California Environmental Quality Act. This ordinance qualifies for a Categorical Exemption under 
Section 15061 of the California Environmental Quality Act (CEQA) as a code text amendment is not a project and it can be 
seen with certainty that it will not have a significant effect on the environment.

Section 3. Severability; Continuation of Provisions. If any section, subsection, subdivision, paragraph, sentence, 
clause or phrase of this Ordinance is for any reason held to be invalid or unenforceable, such invalidity or unenforceability 
shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, 
clauses or phrases of this Ordinance or the rules adopted hereby. The City Council of the City of Sierra Madre hereby declares 
that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective 
of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof 
be declared invalid or unenforceable. To the extent the provisions of the Sierra Madre Municipal Code as amended by this 
Ordinance are substantially the same as the provisions of that Code as they read immediately prior to the adoption of this 
Ordinance, then those provisions shall be construed as continuations of the earlier provisions and not as new enactments. 

Section 4. Effective Date. This Ordinance shall take effect thirty days after its passage and adoption pursuant to California 
Government Code section 36937.

Section 5. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same 
to be published according to law.

PASSED, APPROVED and ADOPTED this8th day of June, 2010.

Ayes: Mosca, Buchanan, MacGillivray, Moran, Walsh No: None Abstain: None Absent: None 

Arcadia 

by Tom Stoppard 

Directed by Barbara Schofield 

June 18 – July 31

Winner: 1994 Olivier Award 
and 1995 New York Drama 
Critics' Circle Award for Best 
Play

A brilliant romantic-mystery 
set on an elegant English 
country estate. Love, 
literature, science and art 
converge in passionate 
events surrounding young 
Lady Thomasina and her 
eccentric family in 1809, and 
present day descendants, 
researching a possible 
1809 scandal on the estate 
involving Lord Byron.

For reservations by phone, call 
626-355-4318 or go to www.
sierramadreplayhouse.org