It is the purpose of this chapter to provide rules governing the issuance of permits for filming activities on location within unincorporated portion of the county of Madera. The intent of this chapter is to ensure that photographers and motion picture, television, commercial and nontheatrical filming companies will be encouraged to use locations for filming activities within the county so long as those activities are consistent with the public safety and the protection of property. (Ord. 570 § 1(part), 1998).

As used in this chapter:
A. “Applicant” means the person, organization, association or other entity applying for a permit to film in the county.
B. “Board” means the board of supervisors of the county of Madera.
C. “Clerk” means the clerk to the board of supervisors of the county of Madera.
D. “County” means the county of Madera.
E. “Filming activity” means the staging, shooting, filming, videotaping, photographing, or other similar process conducted for the making of still photographs, motion pictures, television programs, commercial and non-theatrical film productions.
F. “Film permit” means written authorization from clerk for the filming activity described in the permit.
G. “News purposes” means a filming activity conducted for the purpose of reporting on persons, events, or scenes which are in the news for newspapers, television news, and other news media.
H. “Permittee” means the person, organization, corporation, association or other entity issued a film permit under this chapter.
I. “Public street” means any street or road open to the public and located within the unincorporated area of the county.
J. “Still photography” means and includes all activity attendant to staging or shooting commercial still photographs.
K. “Studio” means a fixed place of business where filming activities are regularly conducted upon the premises. (Ord. 570 § 1(part), 1998).

It is unlawful to conduct a filming activity within the unincorporated area of the county without a film permit from the board clerk’s office.
A permit issued by the clerk authorizes filming within the unincorporated county limits, but does not authorize use or occupancy of property not owned, leased or controlled by the county without written consent of the property owner and/or lessee. The permit shall be in the possession of the permittee at all times while conducting filming activities in the county. (Ord. 570 § 1(part), 1998).

A film permit shall not be required for any of the following activities, provided that the activity will not require the closure of a public street, or substantially impede vehicular traffic thereon:
A. Filming activities conducted for news purposes.
B. Filming activities conducted at studios.
C. Filming activities conducted for use in a criminal investigation or civil or criminal court proceeding.
D. Noncommercial filming activities conducted solely for private or family use.
E. Filming activities conducted by or for the county.
F. Filming activities for still photographs only.
(Ord. 570 § 1(part), 1998).

Applications for a film permit must be filed with the clerk a minimum of ten business days in advance of the date the film activity is to begin, except that an application for a film permit which authorizes street closures, stunts, or pyrotechnics must be filed a minimum of fifteen business days in advance of the first day of filming.
No late applications will be processed by the county unless the clerk determines that special circumstances beyond the control of the applicant precluded its timely submittal and that sufficient time remains for county staff to process and investigate the application and for staff to prepare for the filming activity. (Ord. 570 § 1(part), 1998).

The permit application shall be on a form furnished by the clerk signed by the applicant or agent thereof and approved by the clerk. (Ord. 570 § 1(part), 1998).

A. The clerk shall approve, conditionally approve, or deny the application within ten business days of receipt of the application unless the proposed filming activity requires extensive review by other county departments due to fire or traffic safety. The film permit shall be approved by the clerk unless the clerk determines from consideration of the application or other pertinent information, that any of the following conditions exist and cannot be corrected through the imposition of conditions on the permit:
1. The filming activity will disrupt the use of a street at a time when it is usually subject to high traffic volumes, or will interfere with the operation of emergency vehicles in the proposed permit area, or where the activity is substantially incompatible with nearby residential uses.
2. The location of the filming activity will interfere with street maintenance work, or activities carried out pursuant to a previously authorized excavation permit.
3. The proposed permit location will interfere with other previously authorized activities, contractual obligations, or safety of the public or persons participating in the filming activity while within the county.
4. The proposed permit location is on county property and the filming activity will interfere with county functions or the scheduled maintenance of county buildings or grounds.
5. The filming activity creates a risk of injury to persons or damage to property.
6. The applicant has failed to complete the application after a determination by the clerk that the application is incomplete, or the information contained in the application is found to be false in any material detail.
7. The filming activity would violate federal, state, or local law including licensing or permit requirements.
8. The permit applicant has a demonstrated record of noncompliance with permit conditions.
9. The applicant has failed to show proof of insurance at the time of application (certificate of insurance). (Ord. 570 § 1(part), 1998).

The clerk may condition the issuance of a film permit by imposing reasonable requirements concerning the time, place, manner and duration of filming activities. These conditions shall be listed on the film permit. Such conditions may include, but need not be limited to the following:
A. Requirements for the presence of county employees at the applicant’s expense, when required for the particular filming activity.
B. Requirements concerning posting of no parking signs, placement of traffic control devices, and employment of traffic and crowd control monitors at the applicant’s expense.
C. Requirements concerning posting of the outer boundaries of the filming activity, and providing advance notice to affected property owners and businesses.
D. Requirements concerning the cleanup and restoration of public streets and county property employed in the filming activity.
E. Restrictions concerning the use of county employees, services, vehicles and equipment in the filming activity.
F. Requirements that the applicant pay all fees, and obtain all permits and licenses required for the filming activity under local, state and federal law.
G. Restrictions on the use of firearms, explosions, and other noise-creating or hazardous devices which disturb the peace.
H. Restrictions on the use of stunts involving pyrotechnics, open flame, vehicle crashes or other hazardous materials.
I. Requirements concerning cover-up of police, fire and other official uniforms worn by actors, when the actors are not on camera.
J. Restrictions concerning the use of county logos, insignias, badges or decals for filming purposes.
K. Restrictions on the daily hours the filming activity may be conducted within the county.
L. Requirements concerning the county’s receipt of proper acknowledgement for any assistance provided in making feature, television, or commercial productions.
M. Requirements concerning affirmative action and non-discriminatory practices for employment.
N. Liability insurance and agreements indemnifying and holding harmless the county, its officers, and employees. (Ord. 570 § 1(part), 1998).

Fees for county services and use of county property shall be established by resolution of the board. The applicant shall also pay all costs incurred by the county in providing county employees to assist during filming activity. (Ord. 570 § 1(part), 1998).

Upon reasonable notice by the permittee in advance of the filming activity, the clerk may change the date for which the film permit has been issued without requiring a new application or permit. (Ord. 570 § 1(part), 1998).

A. The applicant for a film permit shall procure and maintain for the duration of the film activity insurance in the forms, types, and amounts prescribed by the county’s risk manager.
B. Prior to the issuance of the film permit, the permit applicant must agree in writing to comply with this chapter, any conditions of the permit, and other applicable regulations that apply to the film activity. (Ord. 570 § 1(part), 1998).

The permittee, and all agents, employees, and contractors of the permittee within the county, shall comply with the following requirements:
A. The permittee shall comply in writing with this chapter, any conditions of the permit, and other applicable local, state, or federal regulations that apply to the film activity.
B. The permittee shall conduct no filming activity within the county not authorized by the filming permit.
C. The permittee shall comply with instructions made by the local, state and federal enforcement officer(s) assigned to provide law enforcement services at the filming activity state.
D. The permittee shall comply with instructions made by county employees assigned to regulate the filming activity site.
E. The permittee shall clean and restore all county-owned property utilized during the filming activity to the same condition as existed prior to the filming activity, unless otherwise stipulated by the clerk. (Ord. 570 § 1(part), 1998).

The applicant for a film permit may request that the county authorize a temporary street closure for the film permit application. The road commission or his designee is authorized to approve the closure of streets for the safety and protection of persons who are to use that portion of the street and the general public during the temporary closure. (Ord. 570 § 1(part), 1998).

In addition to the film permit, the applicant must obtain a fire permit from the county fire department to film any special effect or stunt requiring the use of pyrotechnics or any hazardous material, including but not limited to fireworks, open flames, or explosives. (Ord. 570 § 1(part), 1998).

A. Permit Revocation. The clerk may revoke the film permit if the permittee, or any agents, employees or contractors of the permittee fail to comply with the requirements set forth in this chapter, if the permittee, or any agents, employees or contractors of the permittee violate any conditions of the permit, or if the board determines after the permit is issued that the permit application was false in any material detail.
1. Notice of the ground for revocation of the film permit shall be provided in writing by the clerk to the permit applicant or person in charge at the location of the filming activity.
2. Appeals of the permit revocation shall be heard as provided in Section 5.19.060.
B. Permit suspension. The county sheriff’s department officer or county designee assigned to police the filming activity site may temporarily suspend the film permit when the filming activity poses an immediate hazard to persons or property and the location manager will not, or cannot, prevent the hazard after being instructed to do so by the officer.
1. The ground for the permit suspension shall be provided in writing by the clerk to the permittee within one business day of the suspension.
2. Appeals of the permit suspension shall be heard in the manner specified in Section 5.19.160. (Ord. 570 § 1(part), 1998).

A permit applicant or permittee may appeal the denial, revocation or suspension of a permit, permit condition, insurance requirement, fee requirement, or the clerk decision not to waive a deadline set forth in this chapter. Such appeal shall be filed with the county administrative office not later than five business days after the date of the written notice of the decision. Failure to file a timely appeal shall result in a waiver to the right to appeal. The appeal shall be heard by the county administrative officer or his/her designee.
The county administrative officer or his/her designee shall hold a hearing no later than five business days after the filing of the appeal, and shall render his/her decision not later than two business days after the appeal hearing. The decision of the county administrative officer may be appealed to the board. The decision of the board shall be final. (Ord. 570 § 1(part), 1998).

The violation of any provision of this chapter, with the exception of deadlines for the county action, shall constitute a misdemeanor. (Ord. 570 § 1(part), 1998).