• For film projects by students — defined as enrolled in an accredited college/university doing an assigned class project for a grade or credit — please submit a completed film application.
• Applications submitted later than 16 business days in advance of the proposed film activity will not be accepted. Permits submitted after 3 p.m. will be considered submitted on the next workday.
• Film students are required to obtain a Film Permit for any production activity. Production activity includes personnel, movement of equipment and vehicles, parking, shuttling from one location to another, on-site preparation before filming, etc.
• Permit application fees are waived for students and non-profit productions.
• Student filmmakers are also responsible for providing the appropriate liability insurance.

Make sure you allow time for your permit to be processed.

• Student film permit applications must be submitted no later than 16 working days in advance of the proposed film activity. Working days do not include days the Community Services department is closed.
• When submitting permit applications, please take into account that City offices are closed on alternating Fridays.
• Permit applications submitted one week or later in advance of proposed film activity will not be accepted.
• Please note, it is a violation of the Orange Municipal Code (OMC) to film without a permit. Productions found in violation of the OMC will be shut down and may be issued a citation.

All film and photo permit applicants must provide proof of insurance in the form of a Certificate and an endorsement before a permit will be issued in the following amounts (Orange Municipal Code Section 5.45.080 Insurance):

• Workers compensation insurance as required by law for the protection of permittee's workers;
• Comprehensive or commercial general liability insurance written on an occurrence basis providing for a combined single limit of
  • $1 million,
  • $500,000 per occurrence with $1 million aggregate for bodily injury, death and property damage,
  • $1 million aggregate; and
• Automotive liability insurance on a comprehensive form covering all owned, non-owned and hired automobiles providing for a combined single limit of
  • $1 million,
  • $500,000 per occurrence with $1 million aggregate for bodily injury, death and property damage,
  • $1 million aggregate

Each policy of general liability and automotive liability shall be endorsed to provide that City, its officers, agents, and employees are declared to be additional insureds under the terms of the policy. In addition to the insurance certificate, the applicant must provide a separate, additional insured endorsement (i.e., CG 20 10, 2011 85) that designates the City of Orange. See sample insurance certificate with additional endorsement.

One of the most popular locations in the City of Orange is the Old Towne Orange Plaza, set within the Old Towne Orange Historic District. The Plaza is located in the area surrounding the intersection of Glassell Street and Chapman Avenue and is bordered by Lemon Street, Almond Avenue, Grand Street, and Maple Avenue.

Before approval by the City's film liaison, Film Permit Requests for productions in the Old Towne Orange Historic District should consider:

• Number of filming days requested
• Number of days needed for preparation, strike, or other film-related activities
• Nature and impact of the proposed film activity
• Proposed number of vehicles and availability of parking
• Adequacy of proposed parking plan
• Amount of activity on private property
• Publicity and exposure for the City

Production Blackout Dates
No filming activity (with the exception of event-related filming) will be allowed in the Old Towne Plaza area during the following events:

• Orange International Street Fair (Labor Day weekend)
• Holiday Tree Lighting Ceremony
• Harvest Fest Trick or Treat through the Streets
• Car Shows
• Antique Fair (President's Weekend)

In addition to the general requirements for Film Permits in the City of Orange, the following conditions are mandatory. Please note that the City film liaison has the discretion to require additional conditions if warranted.

Traffic Control & Street Closures

• The City is not permitting complete street closures for any film production at this time.
• Periods of intermittent traffic control will be limited to 3 minutes maximum during business hours and during peak traffic flow periods (morning and evening rush hours)
• All waiting traffic must be released before a period of intermittent traffic control begins
• Lane closures, including the inside lane of the Plaza traffic circle, will be permitted at the discretion of the Orange Police Department

Parking

• A Parking Plan must be submitted with the application.
• Only essential vehicles may be located in the Plaza area.
• All crew, cast, catering and other non-essential vehicles must be parked in one of the following public parking lots: Lemon Street, East Chapman Avenue (next to Main Library), or the parking structure at the southeast corner of Sycamore and Olive (Please refer to map of City parking lots) when filming in Old Towne Orange.
• There are some private parking lots in the area: please negotiate with the property owner if used.
• All vehicles and equipment associated with filming activities must park in designated areas only.
• The production company is responsible for posting and removing No Parking signs. Signs are available at no charge from the City's Economic Development Department.
• No Parking signs must be posted 24 hours prior to the start of production to be enforceable.

Business owners and residents in front of whose property equipment or vehicles are parked or No Parking signs are posted must give written approval. Completed signature forms must be submitted 48 hours prior to the start of production.

Hours

• Normal hours for filming activities are 7:00 a.m. to 10:00 p.m.
• The Plaza is primarily a commercial area, however, there are residences located above or adjacent to Old Towne businesses.
• An approval signature from the apartment complex manager is acceptable

• Only written signatures are accepted as valid approval.

Direct Impact

• The City of Orange believes a business experiences direct impact when:
• Equipment is placed, or personnel are positioned, in front of a merchant's business (with his/her approval) which would prohibit or discourage customers from entering the store;
• The merchant's exterior storefront is used (with their approval) as a definite background;
• The interior of the merchant's store is used (with their approval);
• Prep or strike activities cause a demonstrated hardship to the merchant's business;
• The business is located adjacent to the filming site.

Notifications

Many businesses in Old Towne are open daily during normal business hours. Some businesses, such as restaurants, open earlier and close later. If any filming activity occurs during this period, approval signatures are required from those merchants directly impacted by the filming activity.

• All merchants in the Plaza area must be notified in writing 72 hours in advance of filming activity, including prep work.

Notification Letters

A copy of the Notification Letter must be submitted with permit application and all other required documents. Please use the City's standard format letter titled: “City of Orange Film Notification.”

If the project involves multiple dates and locations, the production company may draft its own notification letter as long as the letter meets the guidelines required by the City. Please refer to the document, "Notification Requirements for Filming" for instructions.

Communication

The location manager or a designee must be available to resolve issues or answer questions. This person should be identified to the City's film liaison and the Orange Police Officer on location (if Police Department is assigned) and appropriate contact numbers provided.

All signage (including directional posters, notification flyers, no parking signs, etc.) must be removed upon completion of filming. If City staff is required to remove signage, the production company will be charged for clean-up costs. The production company is encouraged to borrow and post the City-owned "Businesses Open During Filming" signs.

Posting Requirements

• All equipment and vehicles associated with filming activity in the City of Orange must park in areas specified in the parking plan or on private property only.
• The production company is responsible for posting the No Parking signs 24 hours in advance of the permitted starting time in commercial areas, but no more than 48 hours in advance.
• Signs posted any later than the required 24-hour advance are not enforceable.
• No parking signs may only be posted in areas where signatures of approval have been secured.
• No parking signs are available at no charge from the City of Orange Economic Development Department, 230 E. Chapman Ave., Orange, CA 92866.
• The department is open Monday through Friday from 7:30 a.m. until 5:30 p.m. and closed on alternate Fridays.
• No parking signs must be removed by the production company immediately after filming activity is completed.

An ordinance of the city council of the city of orange repealing chapter 5.45 of the orange municipal code and adding a new chapter 5.45 to the orange municipal code pertaining to filming activities. The City Council of the City of Orange does hereby ordain as follows:

SECTION I

Chapter 5.45 of the Orange Municipal Code is repealed in its entirety.

SECTION II - Chapter 5.45 Filming Activities

A new Chapter 5.45 of the Orange Municipal Code is added to read as follows:

Sections

• 5.45.010 Definitions
• 5.45.020 Permit--Required
• 5.45.030 Permit Application and Review
• 5.45.040 Permit Application, Location/Lease and Expense Fees
• 5.45.050 Rules and Regulations
• 5.45.060 Requirements for Granting Application
• 5.45.070 General Permit Conditions
• 5.45.080 Insurance
• 5.45.090 Notification and Appeals

5.45.010 Definitions

• "Filming," as used in this chapter, means and includes all activity attendant to staging or shooting motion pictures, television shows or programs, commercial still photography, video tapes, computer-based programs, or other visual reproduction technology now known or hereafter created. The period of filming includes the set-up, strike and time of photography.
• "Commercial films," as used in this chapter means and includes all activity attendant to filming any entertainment or advertising programs for any media now known or hereafter created.
• "Charitable or student films," as used in this chapter, means any filming by a nonprofit organization, which qualifies under Section 501 (c)(3) of the Internal Revenue Code as a charitable organization or is an accredited educational institution, and for which 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.
• "News media," as used in this chapter, means filming for the purpose of spontaneous, unplanned television news reporting by journalists, reporters, photographers or camera operators.
• "Private Property" as used in this chapter, means any property not owned by the City on which filming would not interfere with public right of way, access or safety.

5.45.020 Permit-Required

1. No person shall use any City street, alley, sidewalk, park, pier, way or other public property owned or controlled by the City for the purpose of making commercial films without first applying for and receiving a permit from the City Manager or his/her designee, provided that the provisions of this chapter shall not apply to or be construed to either the news media or filming solely for private-family use.
2. No person shall use any private property for the purpose of making commercial films without first applying for and receiving a permit from the City Manager or his/her designee. Notwithstanding the foregoing, the provisions of this chapter shall not apply to or be construed to affect the following filming on private property:
   • Filming which requires no parking variances and uses no public property or rights of way on public property
   • Filming which does not impair the quiet enjoyment of the surrounding properties
   • Filming which does not involve the use of any pyrotechnic device as defined in California Health and Safety Code section 12526
   • A licensed business which regularly employs a licensed pyrotechnic operator as defined in California Code of Regulations section 981.5
   • Filming by news media
   • Filming solely for private-family use
   • Filming which does not interfere with the public's use of City property

5.45.030 Permit Application and Review

1. Each application for filming under this chapter must be completed in full and filed with the City Manager or his/her designee.
2. Each application must include the following information:
   • The name of the property owner, and, if applicable, business owner, or owner's designee, the address and telephone number of the place at which the activity is to be conducted;
   • The specific location at such address or place;
   • The inclusive hours and dates such activity will transpire;
   • A general statement of the character or nature of the proposed filming activity, including a detailed description of any potentially disruptive activities;
   • The name, address and telephone number of the person or persons in charge of such filming activity;
   • The number of personnel to be involved;
   • A statement regarding the use of animals, pyrotechnics or any other hazardous activity;
   • A list of major equipment to be used, including but not limited to trucks, buses, limousines, generators, honey wagons, and cameras;
   • A staging plan illustrating the placement of all sets and props and all equipment, including generators, honey wagons, and cameras (including booms and cranes); and
   • Such additional information as the City Manager or his/her designee may reasonably require.
3. The permit application shall be in a form the City Manager or his/her designee may reasonably require. In lieu of the foregoing, the applicant may submit the permit application on the form adopted and in use by the Orange County Film Commission
4. The City Manager or his/her designee may refer the application to such appropriate City departments as are directly impacted by the application and as he/she deems necessary from the nature of the application for review, evaluation, investigation and recommendations by the departments regarding approval or disapproval of the application.
5. The City Manager or his/her designee shall issue a permit under this chapter if it is determined that the following criteria have been met:
   • The proposed use will not unreasonably interfere with traffic or pedestrian movement, or unreasonably interfere with or endanger the public peace or rights of nearby residents to the quiet, peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety or general welfare;
   • The proposed use will not unduly impede, obstruct or interfere with the operation of emergency vehicles or equipment in or through the permit area, or adversely affect the City's ability to perform municipal functions or furnish City services in the vicinity of the permitted area; and
   • The proposed use will not constitute a fire or safety hazard and all proper safety precautions will be taken as is reasonably necessary to protect the public peace, health, safety or general welfare.
6. The City Manager or his/her designee shall deny the permit if the conditions of this chapter and all applicable laws and regulations have not been met or if the application contains incomplete or false information.
7. The City Manager or his/her designee may immediately revoke or suspend a permit which has been granted, if the conditions of this chapter and all applicable laws and regulations are no longer being met, if the information supplied by the applicant becomes, or is determined to be, false or incomplete, or if any substantial change in circumstances results in the proposed use becoming detrimental to the public peace, health, safety or general welfare.

5.45.040 Permit Application, Location, Lease and Expense Fees

1. An application fee, as determined by City Council resolution, shall accompany an application for any permit applied for under this chapter. Payment may be made in person, by check or by credit card if the City currently has the ability to process credit card payments
2. No application fee, location/lease fee(s) shall be required of charitable or student films or for filming conducted on behalf of the City or any City departments or divisions.
3. No separate business license tax, fee or charge shall be charged for any applicant whose sole business is commercial filming under this chapter.
4. Each permittee filming under this chapter shall pay a location/lease fee(s), as determined by City Council resolution for commercial filming on City property. Preparation and strike days shall be charged at fifty percent of the daily use rate. No location/lease fee(s) shall be charged for commercial filming on private property permitted under section 5.45.020B hereof.
5. Each permittee filming under this chapter shall reimburse the City for all actual and reasonable costs incurred by City, the amount of which shall be determined by the City Manager or his/her designee, for City personnel or equipment provided to or for the permittee for the purpose of assisting or providing security, protection, public safety or other City services to or for the permittee or members of the general public for activities conducted under the permit.
6. Permittees may be required to submit a deposit of estimated administrative and/or public safety costs relating to the activities conducted under the permit at the time of issuance thereof.

5.45.050 Rules and Regulations

1. In addition to the requirements of this chapter and all other applicable laws, rules and regulations, the City Manager or his/her designee shall condition the issuance of a permit on such terms and conditions regarding the time, place and manner of utilizing the City streets or other public property which are necessary and appropriate under the circumstances.
2. Rules: The City Manager or his/her designee is authorized and directed to promulgate rules and regulations, governing the form, time, and location of any film activity set forth within the City. The rules and regulations shall be based upon the following criteria:
   • The health and safety of all persons;
   • Avoidance of undue disruption of all persons within the affected area;
   • The safety of property within the City; and
   • Traffic congestion at particular locations within the City.
3. Upon reasonable notice by the applicant, the City Manager or his/her designee is authorized, upon a showing of good cause, to change the conditions under which a permit has been issued, provided that the requirements of this chapter are met and the City can undertake all necessary administrative review within the time requested.

5.45.060 Requirements for Granting Permit

1. Prior and as a condition precedent to the granting of a permit under this chapter each applicant shall agree to indemnify, defend and hold the City, its authorized agents, officers, representatives and employees harmless from and against any and all losses, damages claims, causes of action, costs, liabilities, penalties, judgments and expenses, including, without limitation, defense costs and reasonable legal fees, resulting from any and all claims or damage of any nature, including any accident, loss or damage to persons or property which the City may incur and which arise from or relate to any activity conducted by permittee or any of its agents, employees, representatives, contractors or consultants in connection with the rights granted in the permit or under this chapter. The form of the indemnification agreement shall be as determined by the City Attorney.
2. Except as provided herein, each applicant must comply with all City, State and federal laws, regulations and ordinances, and must obtain all necessary permits and licenses as a precondition for the commencement of commercial film production here under. Thereafter, the permittee shall remain in full compliance with all such City, State and federal laws, regulations and ordinances, permits and licenses throughout the filming.

5.45.070 General Permit Conditions

Any applicant granted a permit pursuant to this chapter shall comply with all of the following conditions:

1. The permittee will be required to submit an application for a permit with sufficient advance notice to allow for the appropriate review of the application. If the filming requested interferes with traffic or may affect public safety, an application shall be submitted at least 5 business days in advance.
2. The permittee is required to obtain the property owner's and business owner(s)'s (if applicable) prior written permission, consent, and/or lease for use of private property.
3. If the permittee requires utilization of public parking to film or to park equipment, trucks, and/or cars in zones that will not permit it, temporary "No Parking" signs shall be posted by the City or the City's designee.
4. For filming that would alter, impair or impact traffic flow, the permittee must use law enforcement personnel designated by the City Manager or his/her designee, which may include County Sheriff, California Highway Patrol or City Law Enforcement personnel and comply with all traffic control requirements deemed necessary by the City, including, but not limited to the following:
   • The permittee shall furnish and install advance warning signs and any other traffic control devices in conformance with the Manual of Traffic Controls, State of California, Department of Transportation. All appropriate safety precautions must be taken;
   • Traffic may be restricted to one twelve-foot lane of traffic and/or stopped intermittently. The period of time that traffic may be restricted will be determined by the City's Police Chief or his/her designee, based on location and other factors deemed relevant. When necessary circumstances exist, traffic may be rerouted as provided in a detour plan approved by the City department having jurisdiction;
   • Traffic shall not be detoured across a double line without prior approval of the appropriate City departmental representative;
   • Unless authorized by the City, the camera cars must be driven in the direction of traffic and must observe all traffic laws;
   • Any emergency road work or emergency construction by City crews and/or private contractors, under permit or contract to the appropriate City department, shall have priority over filming activities.
5. Notwithstanding anything to the contrary contained in Chapter 12.58 of this code, the City Manger or his/her designee may restrict the use of, or close, any City street wherever the City Manager or his/her designee considers such restriction of use necessary and appropriate under this chapter.
6. When parking in a City-owned parking lot or metered City-controlled public parking, the permittee will be billed according to the current rate schedule established by the City. In order to assure the safety of citizens in the surrounding community, access roads which serve as emergency service roads must never be blocked without prior approval of the City's Police Chief or his/her designee. No relocation, alteration, or moving of City-owned structures or property will be permitted without prior approval of the City Manager or his/her designee.
7. The permittee shall conduct operations in a neat and orderly fashion and free of debris with continuous attention to the storage of equipment not in use and the cleanup of trash and debris. The area used shall be cleaned of trash and debris upon completion of filming at the scene and restored to its original condition.
8. The permittee shall be liable for any damage suffered by the City resulting from the granting or use of a permit under this chapter and, at the election of the City Manager or his/her designee, shall repair the damage or reimburse the City for all expenses related to such damage.

5.45.080 Insurance

1. As a condition of issuance of a permit hereunder, every permittee must procure and maintain in full force and effect during the term of the permit a policy (or policies) of insurance from an insurance company licensed to do business in California, which policy (or policies) names the City, its officers, employees and agents as additional insureds insuring against any and all liability of permittee with respect to its obligations and liabilities under its permit and this chapter and its indemnities set forth in Section 5.45.060 A, including, but not limited to, commercial general liability insurance on an "occurrence" basis against claims for personal injury, including death, bodily injury or property damage liability and in an amount not less than $1,000,000, and which otherwise provides sufficient coverage that the City Manager or his/her designee determines to be necessary and adequate under the circumstances. Proof of insurance in a form acceptable to the City's Risk Manager shall be submitted to the City in advance of the issuance of the permit. The City Manager or his/her designee may waive the requirement of insurance or a particular type of coverage if the City Manager or his/her designee determines that the intended use does not present any significant exposure to liability for the City, its officers, employees and agents or to public property damage.
2. The permittee shall conform to all applicable federal and State requirements for Workers' Compensation Insurance for all persons operating under a permit.
3. Surety Bond. To ensure cleanup and restoration of the filming location and any public property involved in the filming, the permittee may be required to post a refundable Faithful Performance Bond, cash surety or other comparable form of security guarantee in an amount to be determined by the City Manager or his/her designee at the time an application is submitted. Upon completion of filming and cleanup and restoration of the filming location and any public property involved in the filming to the satisfaction of the City Manager or his/her designee, the guarantee or security will be returned to the permittee.

5.45.090 Notification and Appeals

1. The City Manager or his/her designee shall act upon the application in a timely fashion and shall approve or disapprove the application or request additional information within a period of not greater than 5 business days following the date of filing of the application. The applicant shall be immediately notified of the action of approval, denial or revocation of the permit application or permit issued under this chapter.
   • The notice of denial or revocation shall state the reasons for such action and the appropriate remedy or cure, if applicable.
   • The notification shall be deemed satisfied when the notice is sent by facsimile to the facsimile number listed on the application, or if no number is listed, when notice is placed, postage prepaid in the United States mail addressed to the applicant at the address shown on the permit application.
2. An applicant or permittee aggrieved by a decision or action of the City Manager or his/her designee under this chapter shall have the right to appeal any such decision to the City Council.
   • Any appeal shall be filed with the City Clerk within 5 business days after notice of denial, approval or revocation has been received by the applicant or permittee. The City Council shall act upon the appeal within 28 calendar days of the filing of the appeal.
   • Upon receipt of an appeal, the City Clerk shall set a date for a hearing of the matter and give notice of the date, time and place of the hearing to the applicant/appellant. Prior to such hearing, the City Manager shall transmit to the City Clerk a report of his/her findings and at the City Council hearing shall present all documents on file.
   • The City Council shall consider the record and such additional evidence as may be offered and may affirm, reverse or modify in whole or in part, the action that was appealed. The City Council may also make or substitute additional decisions or determinations as it finds warranted under the provisions of is chapter and may waive any requirement of this chapter where it is found to be in the public interest. The City Council shall transmit a copy of its decision to the applicant/appellant.

SECTION III

If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION IV

A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the Office of the City Clerk at least 5 days prior to the City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance shall also be published once within 15 days after this Ordinance's passage in a newspaper of general circulation, published, and circulated in the City of Orange. The City Clerk shall post in the Office of the City Clerk a certified copy of the full text of such adopted Ordinance along with the names of those City Council members voting for and against the Ordinance in accordance with Government Code Section 36933. This Ordinance shall take effect 30 days from and after the date of its final passage.

Adopted this _______ day of _____________________, 1997.

Mayor Joanne Coontz

Attest:______________________________
City Clerk of the City of Orange

State of California )
County of Orange )
City of Orange )

I, Cassandra J. Cathcart, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the ________ day of __________________, 1997, and thereafter at a regular meeting of said City Council duly held on the _______ day of _______________, 1997, was duly passed and adopted by the following vote, to wit:

Ayes: Council Members:

Noes: Council Members:

Absent: Council Members:

Abstain: Council Members:

City Clerk of the City of Orange