PURPOSE:

The purpose of this memorandum is to respond to an inquiry made by Mayor Marsha Ramos, at the August 12, 2007, City Council Meeting, regarding the city�s policies and procedures for obtaining a film permit.  The following is an overview of the current code requirements and city practices relating to filming and videotaping in the City of Burbank.  This is the first step in the two-step agenda process.

BACKGROUND:

Burbank Municipal Code Section 8-2008, provides that before granting any permit, the Chief of Police must first determine that the filming activities will not unreasonably interfere with the public health and safety, or unreasonably endanger any property.  The Chief is required to consider noise, traffic hazards, fire hazards and other health and safety problems that are likely to be caused by such activities.

The general purpose of the film permit requirements, as contained in the Burbank Municipal Code and the policies and practices of the involved city departments, is to protect the public from safety hazards associated with film production activities, and to protect the City from liability through insurance coverage, as mandated by the Burbank Municipal Code. 

In many cases, filming activities encroach upon public property with equipment (cables, generators, lighting, etc.), interrupt and otherwise interfere with access to public property and facilities, posted parking restrictions, private business activities and/or available residential parking.  In some cases, stunts, pyrotechnics, simulated gunfire, fight scenes, driving shots, and animal scenes are involved. 

The film permit process coordinates the efforts of city staff and balances these public safety and public and private property disruption issues, with the needs of those involved in the filming activities.  Through the permitting process, city staff are able to determine if police, fire, or animal control services will be required, and to assess the need for traffic control measures as mandated by state law and by the Traffic Engineer�s Office.   

It is the Burbank Police Department�s responsibility, pursuant to the authority of the Burbank Municipal Code, to process applications for film permits, investigate the nature and scope of the production, and to determine what type of conditions should be included in the permit, including the requirement of police and fire personnel, and other

requirements, and then to issue the film permit if it meets the requisite criteria. 

Where filming is to be done inside city-owned facilities (City Hall, etc.), the scope of the production is also reviewed.  Under direction from the Traffic Bureau Commander, film permits are issued by the Film Coordinator of the Burbank Police Department, under the authority of the Chief of Police, as provided in City of Burbank Municipal Code Section 8-2008. 

The film permit provisions and legal requirements are contained in the Burbank Municipal Code (BMC), Sections 8-2001 through 8-2011.  BMC Section 8-2003, provides:  �Except as otherwise provided in Section 8-2004 it shall be unlawful for any person to engage in the business or activity of filming, video taping or producing motion pictures on motion picture film or electronic video tape for public exhibition as motion pictures or for television, at any place within the city, other than at or in an established studio, without a permit from the Chief of Police.�

The remaining provisions address exemptions from the permit requirements (e.g., for private or family use, for news purposes, and for criminal or civil legal proceedings), the required contents of the permit form outline time limits, the need for police and fire personnel, as well as insurance requirements and the fee schedule. The current fee for the application and related investigation is $350.00.  It should be noted that the only exemptions from the film permit requirements are those that are stated in the BMC.  The requirements of the film permit don�t change based on the intended use of the materials filmed (such as YouTube or another web site).  Also, the film permit requirements do not apply to still photography.

Although it is not stated in the BMC or the fee schedule, it has been a longstanding practice of the Police Department, at the discretion of the Traffic Bureau Commander, to waive the application/investigation fee for small scale filming for student films.

In 2006, the Police Department approved 305 film permits and 260 year-to-date.

The film permit procedures and guidelines can be found on the City of Burbank website under the Police Department.

ANALYSIS

Practically all cities in California have film permit requirements similar to ours.  Their purpose is to make sure the filming and videotaping does not unreasonably interfere with public safety and or unreasonably endanger public property. Insurance requirements are intended to protect the city from liability for these activities that take place in public.  The attached exhibit contains a description of the film permit requirements, fees, etc. of a number of local cities. 

Burbank�s BMC provisions have not been updated in many years.  The City Attorney�s office has indicated (and we are in agreement) that these provisions could benefit from updated and clarifying language.  The recent questions from council members have underscored some of the confusion with the city�s ordinance, as well as a need to update the ordinance. 

We also receive complaints from homeowners from time to time regarding the frequency of filming in certain neighborhoods.  The Burbank Police Department and the City Attorney�s Office will start looking at revisions and will bring proposed code revisions back for the Council�s consideration on a future agenda.

FISCAL IMPACT:

There is no fiscal impact identified at this time.

RECOMMENDATION:

Staff recommends that the Council discuss the matter and provide direction.

TIM STEHR

Chief of Police

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