5/26/2000:
Signed by President;
Became Public Law No: 106-206 [114 Stat. 314; cod. 16 USC 460l-6d].
H.R.154
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To allow the Secretary of the Interior and the Secretary of Agriculture to establish a fee system for commercial filming activities on Federal land, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
(a) COMMERCIAL FILMING FEE—The Secretary of the Interior and the Secretary of Agriculture (hereafter individually referred to as the “Secretary” with respect to lands under their respective jurisdiction) shall require a permit and shall establish a reasonable fee for commercial filming activities or similar projects on Federal lands administered by the Secretary. Such fee shall provide a fair return to the United States and shall be based upon the following criteria:
(1) The number of days the filming activity or similar project takes place on Federal land under the Secretary’s jurisdiction.
(2) The size of the film crew present on Federal land under the Secretary’s jurisdiction.
(3) The amount and type of equipment present.
The Secretary may include other factors in determining an appropriate fee as the Secretary deems necessary.
(b) RECOVERY OF COSTS—The Secretary shall also collect any costs incurred as a result of filming activities or similar project, including but not limited to administrative and personnel costs. All costs recovered shall be in addition to the fee assessed in subsection (a).
(c) STILL PHOTOGRAPHY—
(1) Except as provided in paragraph (2), the Secretary shall not require a permit nor assess a fee for still photography on lands administered by the Secretary if such photography takes place where members of the public are generally allowed. The Secretary may require a permit, fee, or both, if such photography takes place at other locations where members of the public are generally not allowed, or where additional administrative costs are likely.
(2) The Secretary shall require and shall establish a reasonable fee for still photography that uses models or props which are not a part of the site’s natural or cultural resources or administrative facilities.
(d) PROTECTION OF RESOURCES—The Secretary shall not permit any filming, still photography or other related activity if the Secretary determines—
(1) there is a likelihood of resource damage;
(2) there would be an unreasonable disruption of the public’s use and enjoyment of the site; or
(3) that the activity poses health or safety risks to the public.
(e) USE OF PROCEEDS—
(1) All fees collected under this Act shall be available for expenditure by the Secretary, without further appropriation, in accordance with the formula and purposes established for the Recreational Fee Demonstration Program (Public Law 104-134). All fees collected shall remain available until expended.
(2) All costs recovered under this Act shall be available for expenditure by the Secretary, without further appropriation, at the site where collected. All costs recovered shall remain available until expended.
(f) PROCESSING OF PERMIT APPLICATIONS—The Secretary shall establish a process to ensure that permit applicants for commercial filming, still photography, or other activity are responded to in a timely manner.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
(a) Motion pictures, television. Before any motion picture may be filmed or any television production or sound track may be made, which involves the use of professional casts, settings, or crews, by any person other than bona fide newsreel or news television personnel, written permission must first be obtained from the Superintendent, in accordance with the provisions of the special regulations contained in part 5, subtitle A, title 43 of the Code of Federal Regulations.
(b) Still photography. The taking of photographs of any vehicle, or other articles of commerce or models for the purpose of commercial advertising without a written permit from the Superintendent is prohibited.
It is the policy of the National Park Service to permit and encourage photography within the National Park system to the fullest extent possible consistent with the protection of resources and the enjoyment of visitors.
As a general rule, permits are not required for either commercial or non-commercial photographers. This is true whether or not the photographer uses tripods, flashbulbs, strobe lights, or interchangeable lenses.
Permits can be required when the photography involves product or service advertisement or the use of models, sets, or props, or when such photography could result in damage to the resources or significant disruption of normal visitor uses. Permits shall be required for photographers granted access to areas normally closed to the visiting public except that oral approval can be given for such access to a photographer engaged in bona fide news-gathering activities.
Photographers should not need a permit to go anywhere that members of the public are generally allowed to go without a permit. Nor should a permit be needed for photographers to do anything that members of the public are generally allowed to do without a permit.
If a photography permit is deemed appropriate in any particular situation, NPS personnel should impose only those restrictions necessary to accomplish the needed resource protection, visitor use, or legal limitation. For advertising photography, it is appropriate to impose a permit condition that prohibits implied or stated National Park Service endorsement of the advertised product or service.
Care should be taken that conditions be reasonable. Liability insurance requirements and other limitations should not be unduly burdensome.
[The following letter was sent to editors of various newspapers and magazines in August of 1994 by Mike Dombeck, Acting Director of the Bureau of Land Management, and Jack Ward Thomas, Chief of the USDA Forest Service.]
Dear Editor:
A wire service news article appearing in Western newspapers gives the false impression that Federal agencies are requiring permits and charging fees to photographers who take scenic and landmark photographs on public lands. The impression is wrong.
The news article implied that the U.S. Department of Agriculture’s Forest Service (FS) and the U.S. Department of the Interior’s Bureau of Land Management (BLM) subject this activity to rigorous control and payment of fees. The conclusion in the article was erroneous and this letter will clarify the correct policy. Most professional and amateur photographers are allowed to take still photographs on public lands without a special use permit or the payment of any fees. Tourists and recreational photographers also are not required to obtain any permits for taking pictures on the public lands.
A permit for still photography is only required in rare and unusual circumstances. These include:
When these exceptions do occur, the agencies may require payment of a use fee to recover administrative costs. We emphasize that this policy allows most photography to occur without permits or fees. We do request that commercial photographers contact the local FS or BLM office to advise the agencies of their activity. We appreciate it when captions identify the public land and its location in published photographs.
It is the responsibility of the agencies, as mandated by law and regulation, to administer all activities by private entities, including commercial photographic enterprises, in a fair and equitable manner. Fees for the use of the public’s land and resources will be assessed when special circumstances occur. The BLM, in consultation with the FS, is currently in the process of revising regulation that cover filming activities on the public lands. The intent of these proposed regulations will be to eliminate the confusion regarding types of commercial filming activities. It is anticipated that the policies for still photography will not change.
The FS and the BLM support and encourage photographers to make maximum use of the scenic beauty of the Nation’s public lands.
Regardless of the permit requirement, as outlined in 16.4 and 16.5 above, all audio-visual productions must be conducted pursuant to applicable rules and regulations governing activities and conduct at Service facilities. Refuge managers may issue Special Use Permits as needed, for news photographers, casual photographers, Service personnel, and State cooperators. These permits may be used to authorize permittees access to areas normally closed to the public, to clarify the parameters of authorization, etc. While a permit is required for documentaries, travelogues, feature stories, etc., that do not involve news events, a permit is not required for photography (individuals using handheld equipment, tripods, flash bulbs and/or strobe lights) which does not involve the use of products, and which does not require refuge staff assistance or supervision. Permits are not required for models, sets, props, lights, or similar equipment which will not result in damage to the resource or which will not unduly conflict with normal visitor use.
Photographers, professional and amateur alike, are permitted to take still photographs on National Forest System lands without a Special Use Permit, except as follows:
This designation includes locations for the motion picture and television media on National Forest System lands. The commercial filming use goes beyond photography in that it routinely involves large film crews, actors, and sets. The designation also includes anticipated news-related uses, such as coverage of sports events, entertainment specials, or documentaries. Coordinate applications for these uses with the Office of Communication, Washington Office. See FSM 1650 for further direction.
This designation does not include the taking of photographic images by the general public for personal use. This designation of use also does not include commercial filming, which is covered in FSM 2725.52.
Direction on fee administration is found at FSH 2709.11, chapter 30, and direction on permit administration is found at FSH 2709.11, chapter 40.
This designation does not include still photography (FSM 2725.51).
This designation includes locations used by the motion picture and television media involving large film crews, actors, and sets. The designation also includes anticipated news-related uses, such as coverage of sports events, entertainment specials, or documentaries. Coordinate the permitting of these uses with the Office of Communication, Washington Office. See FSM 1650 for further direction.
Direction on fee administration is found at FSH 2709.11, chapter 30, and direction on permit administration is found in FSH 2709.11, chapter 40.
e. Sets and Props. Items constructed or placed on National Forest System lands to accommodate commercial filming or still photography, such as backdrops, generators, microphones, stages, lighting banks, camera tracks, vehicles specifically designed to accommodate camera or recording equipment, rope and pulley systems, rigging for climbers, and structures. Sets and props also include trained animals and inanimate objects, such as camping equipment, campfires, wagons, and so forth, when used to stage a specific scene. A set or prop does not include any of the preceding items when they are used to report breaking news, nor does a prop include a hand-held camera or a camera mounted on a tripod.
14998.1. The Legislature finds that motion picture production in California provides unique and significant contributions to the economy of California and to the cultural enrichment of its citizens, as well as providing a unique form of entertainment for the state, country, and the world at large. The Legislature finds that expenditures for hotels, catered food, leases of equipment and property, transportation, and wages and salaries paid to individuals in California as a result of motion picture production benefit the California economy directly and indirectly.
However, the Legislature finds that the significant benefits provided to California by motion picture production are in jeopardy as a result of the concerted efforts of other states and countries to lure this production away from California.
Therefore, the Legislature finds a need for concerted efforts by California state and local governments to provide an environment supportive of, and conducive to, the undertakings of the motion picture industry in this state. A key element of this effort is to make California as uniform as possible in the local regulation and permitting of the film industry; as close to a “one-stop permitting” approach as possible.
14998.2. (a) There is in the Trade and Commerce Agency, the California Film Commission consisting of 26 members. The Governor shall appoint 13 members, the Senate Rules Committee shall appoint four members, the Speaker of the Assembly shall appoint four members, and five members shall be ex officio. The members of the commission appointed by the Governor may include representatives of state and local government, motion picture development companies, employee and professional organizations composed of persons employed in the motion picture industry, and other appropriate members of this or related industries.
All members of the commission, except legislators who are appointed either by the Senate Rules Committee or by the Speaker of the Assembly, shall serve at the pleasure of the appointing authority for a term of two years from the effective date of the appointment.
(b) One of the members appointed by the Senate Rules Committee shall, and another one may, be a Senator and one of the members appointed by the Speaker shall, and another one may, be a Member of the Assembly. Such persons shall be appointed for terms of four years.
Of the legislators appointed to the commission, no more than three legislators from the same political party may be appointed to or serve on the commission at the same time.
(c) Any legislator appointed shall serve as a voting member of the commission, and shall meet with, and participate in the activities of, the commission to the extent that participation is not incompatible with his or her position as a Member of the Legislature, but shall only serve in that capacity while concurrently serving as a Member of the Legislature. Whenever a legislator vacates an office, the appointing power shall appoint another person for a new full term.
(d) Six of the 13 members appointed by the Governor shall be as follows:
(1) One shall be a person who is a member or employee of a union or guild of motion picture artists.
(2) One shall be a person who is a member or employee of a union or guild representing motion picture craftsmen, technicians, or photographers.
(3) Two shall be from major motion picture studios.
(4) One shall be a member of the city council or a member of the county board of supervisors of a city or a county with a population of at least two million people.
(5) One shall be a member of the city council or a member of the county board of supervisors of a city or a county with a population of less than two million people.
(e) The Director of Transportation shall serve as an ex officio nonvoting member.
(f) The Director of Parks and Recreation shall serve as an ex officio nonvoting member.
(g) The Commissioner of the California Highway Patrol shall serve as an ex officio nonvoting member.
(h) The State Fire Marshal shall serve as an ex officio nonvoting member.
(i) The director of the commission shall serve as an ex officio nonvoting member.
14998.3. The commission shall submit a list of recommended candidates for the position of Director of the Film Office to the Governor for consideration. The Governor shall appoint the director.
(b) The Director of the Film Office shall receive a salary to be determined by the Department of Personnel Administration.
(c) The secretary, or his or her designee, shall act as the director during the absence from the state or other temporary absence, disability, or unavailability of the director, or during a vacancy in that position.
14998.4. (a) The commission shall meet at least quarterly and shall select a chairperson and a vice chairperson from among its members. The vice chairperson shall act as chairperson in the chairperson’s absence.
(b) Each commission member shall serve without compensation but shall be reimbursed for traveling outside the county in which he or she resides to attend meetings.
(c) The commission shall work to encourage motion picture and television filming in California and to that end, shall exercise all of the powers provided in this chapter.
(d) The commission shall make recommendations to the Legislature, the Governor, the Department of Commerce, and other state agencies on legislative or administrative actions which may be necessary or helpful to maintain and improve the position of the state’s motion picture industry in the national and world markets.
(e) In addition, the commission shall do all of the following:
(1) Adopt guidelines for a standardized permit to be used by state agencies and the director.
(2) Approve or modify the marketing and promotion plan developed by the director pursuant to subdivision (d) of Section 14998.9 to promote filmmaking in the state.
(3) Conduct workshops and trade shows.
(4) Provide expertise in promotional activities.
(5) Hold hearings.
(6) Adopt its own operational rules and procedures.
(7) Counsel the Legislature and the Governor on issues relating to the motion picture industry.
14998.5. The commission is authorized to contract for production consultants and appoint an advisory board. No member of the advisory board shall receive any compensation, or use the name of the commission on any letterhead, business card, or identification badge except to the extent that the person is authorized to do so by the commission.
14998.6. The director and staff of the Film Office, shall provide staff support to the California Film Commission. When needed, the secretary may assign additional staff on a temporary or permanent basis.
14998.7. Any funds appropriated to, or for use by, the California Film Commission or to the agency for purposes of this chapter, shall be under the control of the secretary or his or her designee.
14998.8. (a) The Director of the Film Office shall be the permitting authority for the use of state-owned property and state employee services for the purpose of making commercial motion pictures. The commission may establish fees not to exceed the actual cost of the affected state agency for this purpose. All fees collected pursuant to this section shall be deposited in the Film Transfer Account, which is hereby created in the Special Deposit Fund, for disbursement by the director to reimburse the operating departments for their actual costs.
(b) The Director of the Film Office shall assure a “one-stop” permit process for applications for permission to use state-owned property for motion pictures. In so doing, applications for permission to use state property for making motion pictures shall be made to the director of the commission who, promptly upon receipt of such an application, shall contact the state agency having jurisdiction over the property specified in the application for the concurrence of the agency in the use of property. The denial of an application may be made on the basis of any of the following:
(1) The use would unduly interfere with the conduct of state business.
(2) Failure of the permittee to provide full insurance or bond coverage, if required by the Department of General Services, or the affected agency, sufficient to reimburse the state for any user-caused damage to the property and to provide adequate personal liability insurance coverage.
The use of state property shall be denied, if it is determined that the use would violate or be in conflict with existing provisions of statute or regulation by the director of the department, agency, or commission responding to a permit request.
(c) Any state agency having management and control over state property, the use of which is sought by an application, shall permit the property to be used, unless otherwise denied by the provisions of this section.
(d) Nothing in this section requires a state agency to take any action not authorized by law or to make any decision in a manner or by a method not authorized by law or which is prohibited by law.
(e) If in connection with the use of roads, highways, and freeways, the assistance, control, or protection by California Highway Patrol officers is desired, applications to the director to utilize services of California Highway Patrol officers in the production of motion pictures shall be made directly to the Commissioner of the California Highway Patrol. The commissioner may approve the application if employees are available and the agency is fully reimbursed for additional costs incurred. Applications to utilize California Highway Patrol employee services shall be approved or disapproved by the commissioner.
(f) The Director of the Film Office, whenever feasible, shall approve or deny any application within 24 hours. In the event that the director of the department or agency having jurisdiction over the property specified in the application permit takes no action to disapprove the application within five working days, the application shall be deemed approved by the director. If the director of the department or agency determines that he or she is unable to concur or deny an application within five working days and so notifies the director within five working days of the application, the director shall then have a total of 10 days from receipt of the application to deny the application. In the event no action is taken by the director within the 10-day period, the application shall be deemed approved by the director.
(g) At least 30 days prior to adoption of state regulations, rules, written guidelines, or policies that would have clear, explicit, and definite implications for the production of motion pictures on state-owned property by a state agency, including any of that agency’s district or regional offices, other than for immediate health and safety purposes, the agency shall submit a written copy to the Director of the Film Office. The commission shall review the proposal and report its findings to the submitting agency within five working days of receipt of the materials sent. The submitting agency shall consider the commission’s findings prior to final adoption of the regulations, rules, written guidelines, or policies, unless the commission’s findings are not made available to the submitting agency within the above prescribed time limits. Any and all findings made by the commission pursuant to this section shall be advisory. The submitting agency shall provide the commission with a final written copy of its adopted regulations, rules, written guidelines, or policies.
14998.9. The Director of the Film Office shall prepare and implement a program to promote the production of motion pictures and still photography for the benefit of the state’s economy.
The program shall do, but shall not be limited to doing, all of the following:
(a) Administer a one-stop permit office, pursuant to subdivision (b) of Section 14998.8, which shall issue permits for the use of state property for filmmaking.
(b) Implement the guidelines or regulations for a standardized permit procedure for all state agencies pursuant to guidelines adopted by the commission under Section 14998.4.
(c) Update and expand the location resource library.
(d) Produce and implement a marketing and promotion plan for filmmaking in California which shall be subject to the approval of the commission. The purpose of the plan shall be to design a program for the preparation and distribution of appropriate promotional and informational materials pointing out desirable locations within the state for the production of motion pictures, explaining the benefits and advantages of producing motion pictures within the state government, as well as those services available at the local level and within the industry.
(e) Conduct workshops to assist local governments to adopt uniform permit procedures and to establish film development offices.
(f) Request and obtain any information from state entities necessary to carry out the purposes of this section.
(g) Accept grant moneys for the purpose of implementing this section.
(h) Accept gifts and donations for the purpose of implementing this section.
14998.10. It is the intent of the Legislature to encourage local governments to develop uniform procedures for issuing permits and to charge fees for the use of agency property or employee services, which do not exceed the estimated reasonable costs of providing the property or services for which the fees are charged.
It is also the intent of the Legislature to encourage local governments to establish departments which would allow motion picture productions to obtain all the locally required permits at one location.
(a) “City” means the City and County of San Francisco.
(b) “Film” means feature motion pictures, video
tapes, television programs, commercials, still photography,
documentaries, travelogues, music videos, and other visual art forms;
provided, however, that “film” shall not mean films or video tapes for
private-family use or films by any news service or similar entity
engaged in on-the-spot broadcasting of news events.
(c) “Film company” means any individual, corporation,
firm, partnership, or other organization however organized engaged in
film production.
(d) “Film production” means the activity of making a
film for commercial or noncommercial property where that activity (1)
requires the use of City employees or equipment or (2) interferes to any
substantial degree with the ordinary use and enjoyment of public streets
or sidewalks or other property under the jurisdiction of the City.
(e) “Commission” means the Film and Video Arts
Commission of the City and County of San Francisco.
(Added by Ord. 464-88, App. 10/12/88; amended by Ord. 425-89, App. 11/21/89; Ord. 331-00, File No. 001967, App. 12/28/2000)
[The Executive Director, appointed by the Commission, supervises the Commission’s staff, coordinates the efforts of City departments in connection with film production, coordinates any and all permits required by the City for film production, and is the sole City representative authorized to negotiate use agreements with film companies.]
(a) Use Agreements. All film companies seeking to engage in film production shall enter into use agreements with the Executive Director.
(b) Insurance and Indemnification. As a condition of engaging in film productions, concurrently with entering into a use contract with the City for the utilization of City property or employees, film companies shall file with the Executive Director documentation of insurance and indemnification holding the City and County harmless from any liability. The amounts of such insurance and indemnification, and the suitability of the insuring entity, shall be determined by the City’s Risk Manager in coordination with the Executive Director and other City departments.
(Added by Ord. 464-88, App. 10/12/88; amended by Ord. 425-89, App. 11/21/89; Ord. 358-91, App. 10/2/91; Ord. 331-00, File No. 001967, App. 12/28/2000)
This Chapter shall not apply to film production occurring in the buildings or on the grounds of the San Francisco War Memorial Performing Arts Center, the Fine Arts Museums, the Asian Art Museum, the San Francisco Convention Facilities, or where inconsistent with State law, the Charter or contractual agreements.
(Formerly Sec. 57.11; added by Ord. 464-88, App. 10/12/88; amended by Ord. 425-89, App. 11/21/89; Ord. 358-91, App. 10/2/91; amended and renumbered by Ord. 331-00, File No. 001967, App. 12/28/2000. Former Sec. 57.7 was repealed by Ord. 331-00)
(Added by Ord. 603-81, App. 12/18/81)
(Added by Ord. 603-81, App. 12/18/ 81)
[San Francisco Park Code](a) Photography shoots, per day, per site:
(1) Simple—$200.00
(2) Large crew—$500.00,
plus any additional fees determined by the General Manager, or
a designee, to be necessary to compensate the Department for
the anticipated impact on park property and/or services, the
disruption of normal park usage and the inconvenience to the
public, because of the type of event, the location, the number
of expected participants and other similar factors.
(b) Filming, per day, per site:
(1) Documentary—$200.00
(2) Outdoor, simple—$500.00
(3) Large productions—$1,000.00
(4) Facility, property usage—minimum of $5,000.00,
plus any additional fees determined by the General Manager, or
a designee, to be necessary to compensate the Department for
the anticipated impact on park property and/or services, the
disruption of normal park usage and the inconvenience to the
public, because of the type of event, the location, the number
of expected participants and other similar factors.
(Added by Ord. 47-03, File No. 030095, App. 4/3/2003)
When used in this code, the word “park” shall mean and include those certain grounds, public access areas, promenades, plazas, roadways, avenues, squares, recreation facilities, and other property identified in Appendix A attached hereto, any other areas that are or become publicly-dedicated public access areas and such other areas of land or water that are designated to be subject to this code by a resolution of the San Francisco Port Commission and which are under the jurisdiction of the San Francisco Port Commission. Any park abutting the waters of San Francisco Bay shall not be deemed to include the waters of San Francisco Bay except that the term “park” shall also include those areas of waters within the Port Commission’s jurisdiction that are specifically designated by the Port Commission by resolution to be subject to this code. The Port Commission shall keep on file a graphic representation of such “Parks” which shall be updated as needed to represent the “Parks” subject to this Port Code.
(Added by Ord. 92-00, File No. 000634, App. 5/19/2000)
[San Francisco Port Code]No person shall engage in commercial photography, filming or recording in any park without first having obtained a permit from the Executive Director. Permits for such commercial activities shall be issued by the Executive Director pursuant to the Port’s permit authority set forth [in] Charter Section B3.581.
(Added by Ord. 92-00, File No. 000634, App. 5/19/2000)
[San Francisco Port Code][* Under long-term lease to the San Francisco Redevelopment Agency.]
(a) “Photographer” shall mean every person, firm or corporation engaged in the business of taking photographs of human beings in a public place or any place open to the public for any purpose, except as an established photographic studio upon an agreement or understanding that money or other lawful consideration will be paid for the said taking.
(b) “Solicitor” shall mean every person acting as servant, agent or employee of a photographer, as defined herein, who solicits the taking or actually takes photographs of human beings in a public place or any place open to the public for any purpose, except as an established photographic studio, upon an agreement or understanding that money or other lawful consideration will be paid for the said taking.
The aforesaid definitions shall not include a “Street Photographer” as defined in this Article, nor photographers employed by newspapers or other similar publications while engaged in the scope of their employment.
(Added by Ord. 555-81, App. 11/12/81)
It shall be unlawful for any person, firm or corporation to engage in or carry on, or to maintain or conduct, or cause to be engaged in, carried on, maintained or conducted, the business of photographer in public places or to act as a solicitor without having first secured a permit to do so from the Chief of Police and a license therefor from the Tax Collector.
(Added by Ord. 555-81, App. 11/12/81)
Definition. As used in Sections 3410 to 3417, inclusive, of this Article, “Street Photographer” shall mean every person, firm or corporation engaged in the business of photography and carrying on said business or any portion thereof in any public street, alley, park or other public place in the City and County of San Francisco, and who in the course of such business issues or causes to be issued a coupon or other means of identification to any person who is the subject of the photograph, which means of identification upon presentation to a designated address entitles the holder thereof, upon the payment of a fee or charge, to receive a copy of the photograph so taken.
(Added by Ord. 555-81, App. 11/12/81)
The Tax Collector shall, upon receipt of the permit provided for in Section 3413 of this Article and the payment of the license fee, issue to the permittee a serially numbered metallic badge having imprinted thereon the words “Street Photographer” and the year for which the license was issued. Said badge shall be worn on the person for whom it was issued, in a conspicuous place for the public to see, at all times when said person is engaged in taking photographs as provided in this section. A badge fee shall be charged to cover the costs of the badge.
(Added by Ord. 555-81, App. 11/12/81)
Definition. As used in Sections 3420 to 3427, inclusive, “Photographic Solicitor” shall mean every person, firm or corporation engaged in the business of photography and who solicits said business or any portion thereof in any public street, alley, park or other public place in the City and County of San Francisco, and who, upon payment of a fee or charge in the course of such said business as is conducted in any public street, alley, park or other public place, issues or causes to be issued a coupon or other means of identification which, upon presentation at a designated address entitles the holder to be photographed and to have a copy of such photograph transmitted in accordance with his directions.
(Added by Ord. 555-81, App. 11/12/81)
The Tax Collector shall, upon the receipt of the permit provided for in Section 3423 of this Article and the payment of the required license fee, issue to the permittee a serially numbered metallic badge having imprinted thereon the words “Photographic Solicitor” and the year for which the license was issued. Said badge shall be worn on the person for whom it was issued, in a conspicuous place for the public to see at all times when said person is engaged in soliciting photographic business as provided in Sections 3420 to 3427. A badge fee shall be charged to cover the costs of the badge.
(Added by Ord. 555-81, App. 11/12/81)
(Prior code § 3387; Ord. 415, 06/25/34; Ord. 976, 01/15/52; Ord. 1287, 05/06/58; Ord. 2394, 09/21/76; Ord. 2807, 10/26/82; Ord. 3252, 07/31/90)
(e) Commercial Still Photography: Black and white or color still photography which is performed under contract for profit or may be sold for profit at a later date.
[Article 4, Commercial/Concession Permits]
County park areas are not available for commercial filming or photography
without a use permit obtained from the director.
(Ord. No. NS-702.81, 4-12-94)
603.1 General. No person shall operate a still, motion picture, video, or other camera for commercial purposes on District Lands except pursuant to a permit authorizing such activity. This section shall not apply to the commercial operation of cameras as part of the bona fide reporting of news.
(a) Except as otherwise provided, no person shall engage in commercial activities, including advertising or solicitation for commercial purposes in parks and open space lands
It shall be unlawful to conduct filming activity as defined in section 14C-2(c) within the unincorporated areas or upon property controlled or owned by the County of Santa Barbara unless a film permit for such activity has been obtained in advance from the film permit officer. The permit must be in the possession of the permittee at all times while on location in the County of Santa Barbara. A film permit does not constitute or grant permission to use or occupy private property, a private road easement, or private road. A permittee shall obtain the private property owner’s, or homeowners association’s, written permission when filming is within property owned in common by a group of owners to use the property prior to use of said property. In the event that no such written permission can be obtained, the film permit officer may accept other forms of verification that said permission has been granted.
(Ord. No. 4193, § 1)
(a) Filming activities conducted for news purposes as defined in section 14C-2(g) of this chapter;
(b) Filming activities conducted at studios as defined in section 14C-2(k);
(c) Filming activities conducted for use in a criminal investigation or civil or criminal court proceeding;
(d) Filming activities conducted solely for private or family use;
(e) Filming of the proceeding of a court, tribunal or governing board when the filming is done with the written permission of said court, tribunal or board;
(f) Filming activity consistent with federal, state and local law and of no detriment to the peace, enjoyment, and safety of the area affected and does not interfere with the safe and reasonable operation and use of public and private property, roads, emergency vehicles, maintenance equipment and personnel, and does not employ firearms, replica firearms, amplified sound sources, nighttime lighting, explosives, open flames or pyrotechnical effects, and provided that activity is in compliance with subsections (f)(1) and (f)(2) of this section;
(1) Prior to any filming activity falling within this exemption, the person or entity conducting the filming shall file with the film permit officer a signed, written declaration which shall outline the intended activity; intended time, place, and duration; the person(s) and equipment to be involved; and a statement that filming will comply with the parameters of this exemption provision.
(2) The film permit officer shall review the declaration provided under subsection (f)(1) of this section and may, based upon that review or information subsequently made take action to enforce provisions of this chapter, should it be determined that this exemption is not being complied with or is not applicable to a particular filming activity;
(g) Filming by the county for public benefit as determined by the film permit officer;
(h) Filming activities by students for the purpose of fulfilling classwork assignments; filming activities conducted by recognized public or private schools; filming activities by individuals or entities solely intended for noncommercial purposes and not intended for the generation of financial profit;
(i) Filming performed by a business entity conducted at the place of business to promote sales events, announcements or other lawful activities and consistent with subsection (f) of this section.
(Ord. No. 4193, § 1)
The applicant for a film permit shall procure and maintain for the duration of the film activity general liability, automobile liability, and property damage insurance in the amount of one million dollars minimum. The County of Santa Barbara risk manager or film permit officer may increase the required liability insurance coverage as necessary. Said insurance certificate shall name the County of Santa Barbara, its officers, agents, and employees, as additional insured, and shall be received by the film permit officer, prior to issuance of the film permit.
(Ord. No. 4193, § 1)
It shall be unlawful for any person to practice, carry on, conduct, or solicit for any occupation, business or profession in any City park, or on any City beach, or sell or offer for sale therein any service, merchandise, article, or anything whatsoever. This section shall not apply to any person acting pursuant to a contract with the City of Santa Barbara or except as otherwise provided in this Code.
(Ord. 4189, 1982; prior Code §32.39.)
[Title 17, Harbor]Commercial, still, motion or sound photography is permitted on Stearns Wharf after doing the following:
A. Obtaining permission of the Waterfront Director; and,
B. Obtaining the appropriate permits from the City of Santa Barbara; and,
C. Paying appropriate fees as established by City Council resolution.
(Ord. 4757, 1992.)
[Chapter 17.28, Business Activity and Advertising in Harbor]Still, motion or sound photography is permitted in the Harbor after doing the following:
A. Obtaining permission of the Waterfront Director; and,
B. Obtaining the appropriate permits from the City of Santa Barbara; and,
C. Paying appropriate fees as established by City Council resolution.
(Ord. 4757, 1992.)
(Added by Ord. No. 144,744, Eff. 7-8-73. Amended by: In Entirety, Ord. No. 170,515, Eff. 6-18-95.)
[Los Angeles Municipal Code]B. Within the limits of any park in the City of Los Angeles:
3. No person shall rent or offer for rent, or sell or offer for sale any commercial merchandise, or any article or thing of any kind or nature whatsoever; or practice, carry on, conduct or solicit any trade, occupation, business, or profession, except by contract with the Board, Department, Commission or their authorized representatives. Nothing in this subdivision, however, shall prohibit the sale or offering for sale of newspapers, periodicals, books, pamphlets and other forms of communication except that said sale of offering for sale is prohibited in museums, in those portions of a park to which access is restricted by the payment of an admission fee or in those facilities which are operated under contract with the Board, Department or Commission.
(Amended by Ord. No. 159,064, Eff. 7/16/84.)
Except as provided in section 5-3-338, a person shall not use any County property within the unincorporated areas of the County of Orange or property or facilities belonging to the County of Orange or the special districts under the jurisdiction of the Orange County Board of Supervisors for the purpose of motion picture production, television production or still photography without first applying for and receiving a film permit from the issuing agency.
(Ord. No. 3717, § 1, 6-14-88)
(c) This article does not apply to the filming or video taping of motion pictures or the taking of still photographs solely for private use.
(Ord. No. 3717, § 1, 6-14-88)
© 2003–2005 Jeff Conrad
Last updated September 2005