Ordinance No. 1272ORDINANCE NO. 1272
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON
AMENDING VERNON MUNICIPAL CODE SECTION 5.65 – MOTION
PICTURE PRODUCTION TO BE MOTION PICTURES, TELEVISION,
COMMERCIAL DIGITAL MEDIA AND STILL PHOTOGRAPHY
PRODUCTIONS
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 1. Section 5.65, of Article V of Chapter 5 of the Vernon Municipal Code
is hereby replaced in its entirety to read as follows:
“5.65 – Title.
This Section shall be known as the Motion Picture, Television, Commercial, Digital
Media, and Still Photography Production Ordinance or the “Filming Ordinance.”
5.65.1 – Definitions.
For purposes of this chapter, the following definitions shall apply:
a. “City-produced projects” means a motion picture, television, commercial,
digital media or still photography production produced by or in association with the city.
b. “Charitable films” means commercials, motion pictures, television,
videotapes, digital recording or still photography produced by a nonprofit organization,
which qualifies under Section 501(c)(3) of the Internal Revenue Code as a charitable
organization. No person, directly or indirectly, shall receive a profit from the marketing
and production of the film or from showing the films, tapes or photos.
c. “Filming permit” means a permit issued by the City Administrator or
designee pursuant to this chapter that authorizes motion picture, television, commercial
digital media, or still photography production or film production within the city in
accordance with the terms of the permit and this chapter.
d. “Motion picture, television, commercial, digital media or still photography
production or film production” means all activity attendant to staging, making, filming, or
videotaping commercial motion pictures, television shows, commercials, digital media
and/or still photography.
e. “News media filming” means photographing, filming or videotaping of
current breaking news, which includes reporters, photographers or cameramen in the
employment of a newspaper, news service, broadcasting station or similar entity engaged
in the broadcasting of news events.
f. “Private filming” means photographing, filming or videotaping solely for non-
commercial use.
g. “Student filming” means photographing, filming or videotaping produced to
satisfy a course or curriculum requirement at an educational institution. In order to qualify
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as student filming, the student filmmaker must supply evidence he or she is currently
enrolled in an educational institution upon request by a city employee or official.
h. “Studio” means a fixed place of business certified as such by local fire
authority having jurisdiction where filming activities (motion or still photography) are
regularly conducted upon the premises.
5.65.2 - Rules and regulations.
The City Administrator or designee is authorized and directed to promulgate rules
and regulations governing the form, time and location of any film production within the
city, to be approved by the City Council. The City Administrator shall also set forth the
procedures for the issuance of film permits. The rules and regulations shall be
incorporated into the city's filming permit requirements.
5.65.3 - Permit required.
No person shall use any public right-of-way, or public or private property, building,
facility or residence for motion picture, television, commercial, digital media or still
photography production without a permit issued pursuant to the provisions of this chapter.
5.65.4 - Permit exemptions.
The provisions of this section shall not apply to the following:
a. News media filming;
b. City-produced projects, provided that any person working in conjunction
with the city on a city-produced project must obtain a letter identifying that it is a city-
produced project;
c. Private filming; and
d. Studio filming.
5.65.4 – Application.
Any person desiring a permit under the provisions of this chapter must complete
and submit a filming permit application to the City Administrator or designee.
The application shall include the following information:
1. Specific location including address and place;
2. Inclusive hours and dates of activity;
3. General statement of nature of filming activity;
4. Name, address, email address and telephone number of the person or
persons in charge of activity;
5. Exact number of personnel involved;
6. Activity which may cause public alarm such as the use of any animals,
gunfire or pyrotechnics and helicopter activity; and
7. Exact amount/type of vehicles/equipment and parking/traffic plan.
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5.65.5 – Issuance.
The City Administrator or designee shall issue a filming permit when, after
considering the application and such other information as may be otherwise obtained, the
City Administrator finds that:
a. The conduct of such activity will not unduly interfere with traffic or pedestrian
movement or endanger public safety.
b. The conduct of such activity will not unduly interfere with normal
governmental or city operations, threaten to result in damage or detriment to private or
public property, or result in the city incurring costs or expenditures in either money or
personnel not reimbursed in advance by the applicant.
c. The conduct of such activity will not constitute a fire hazard or any other
type of hazard and all proper safety precautions will be taken.
5.65.6 - Permit fees.
The City of Vernon may adopt a resolution establishing fees for filming activities.
5.65.8 – Liability Provisions.
Prior to issuance of a permit, the following insurance requirements must be provided:
a. General Liability Insurance with a minimum of $1,000,000 per occurrence and
$2,000,000 aggregate naming the city as a coinsured for protection against claims
of third persons for personal injuries, wrongful deaths, and property damage. The
city directors, commissioners, officers, employees, agents, and volunteers must
be endorsed on the policy as additional insured. The certificate shall not be subject
to cancellation or modification until after thirty days written notice to the city/county.
A copy of the certificate shall remain on file.
b. Worker’s Compensation Insurance: An applicant shall conform to all applicable
Federal and State requirements for Worker’s Compensation Insurance for all
persons operating under a permit. Secure and maintain in force a policy with a
minimum limit of $1,000,000 per accident. The policy shall be endorsed to waive
all rights of subrogation against city directors, commissioners, officers, employees,
agents, and volunteers must be endorsed on the policy as additional insured.
c. Automobile Liability Insurance: A certificate of insurance will be required with
minimum limit of $1,000,000 combined single limit, including owned, hired, and
non-owned liability coverage. The policy shall name the city as a coinsured for
protection against claims of third persons for personnel injuries wrongful deaths,
and property damage. The city directors, commissioners, officers, employees,
agents, and volunteers must be endorsed on the policy as additional insured.
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SECTION 2. Any provision of the Vernon Municipal Code or appendices thereto
inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies
and no further are repealed or modified to that extent necessary to affect the provisions
of this Ordinance.
SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase, or
portion thereof, of this Ordinance is declared by a court of competent jurisdiction to be
unconstitutional or otherwise invalid, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have
adopted this Ordinance, and each section, subsection, paragraph, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared
invalid or unconstitutional. To this end, the provisions of this Ordinance are declared to
be severable.
SECTION 4. The City Clerk shall certify the adoption and publish this ordinance as
required by law.
APPROVED AND ADOPTED this 2nd day of February, 2021.
_____________________________
ATTEST: LETICIA LOPEZ, Mayor
LISA POPE, City Clerk
(seal)
APPROVED AS TO FORM:
_________________________________
ARNOLD M. ALVAREZ-GLASMAN,
Interim City Attorney
I CERTIFY THAT THE FOREGOING ORDINANCE NO. 1272 was passed and adopted
by the City Council of the City of Vernon at the regular meeting on February 2, 2021 by
the following vote:
AYES: 5 Council Members: Davis, Gonzales, Menke, Ybarra, Lopez
NOES: 0
ABSENT: 0
ABSTAIN: 0
________________________________
LISA POPE, City Clerk
(seal)
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City Council Agenda Item Report
Agenda Item No. COV-476-2021
Submitted by: Sandra Dolson
Submitting Department: City Clerk
Meeting Date: February 2, 2021
SUBJECT
Second Reading of Ordinance No. 1272 - Motion Pictures, Television, Commercial Digital Media and
Still Photography Productions
Recommendation:
Conduct second reading and adopt Ordinance No. 1272 amending Vernon Municipal Code Section 5.65
- Motion Picture Production to be Motion Pictures, Television, Commercial Digital Media and Still
Photography Productions.
Background:
At its January 19, 2021 Regular City Council Meeting, the Vernon City Council introduced and conducted
first reading of Ordinance No. 1272 amending the current code related to filming.
Ordinance No. 1272 (Attachment 1) replaces Municipal Code Section 5.65 pursuant to the model film
ordinance provided by the California Film Commission. Once the ordinance is effective, staff will bring
back guidelines and fees for Council's consideration.
The ordinance summary was posted on the City's website on January 19, 2021 and will be published
pursuant to legal requirements.
Staff requests Council conduct the second reading and adopt Ordinance No. 1272.
Fiscal Impact:
There is no fiscal impact associated with this report.
Attachments:
1. Ordinance No. 1272