Film ordinance approved

BURBANK — The Burbank City Council voted 4 to 1 Tuesday to adopt a new film ordinance, which will amend the city’s film policy by providing an exemption for filmmakers using hand-held devices.

Under the new ordinance, filmmakers using hand-held video cameras will not need a permit as long as they are not obstructing public access.

The previous film code did not provide this exemption. In the past, a parent wanting to film his or her child playing soccer at a local park with a hand-held camera would have needed a filming permit under the old ordinance, as indicated by the city attorney’s staff report.

Specifics change regarding who needs to obtain a permit when filmmakers use studio-type lighting or impede public access.

Councilman David Gordon, who voted against the ordinance, said this particular part of the ordinance stands to affect freelancers who are trying to supplement their income during the tough economic times.

“I won’t support it on those grounds alone,” he said. “I think there are limitations in this. I think it sends the wrong message.”

Fire and police officials explained at last week’s meeting that studio-type lighting and other camera equipment pose a potential safety threat. They said more than 300 film permits are issued a year, but few citations are issued for violations of the code.

“What we do is we educate,” Fire Chief Tracy Pansini said.

He said most people cooperate when in violation of the code.

Modifications to the ordinance were made to meet changes in technology and clarify the wording in the code. At last week’s meeting, the City Council asked City Atty. Dennis Barlow to make further changes to the ordinance’s language.

The new ordinance also waives the seven-day permit fee of $350 for student and nonprofit film projects, as long as the projects do not pose a threat to the community or employ “exclusive control over the sidewalk or public area.”

Police and fire officials said fees have usually been waived in the past upon request. Student and nonprofit film projects would need a permit and liability insurance under the new ordinance, a caveat that producer and editor Eric Michael Cap said he disagreed with.

“It’s a step in the right direction,” Cap said after last week’s meeting. ”But the independent videographer, he’s the expert. He’s the one who knows how to set the lights up. … Why would the other guys get the exemption? They’re the fire risk.”

He also said the City Council should reduce the permit fee to a rate similar to Glendale’s.

Glendale’s filming application fee is $150, which is good for five days. An additional fee of $400 per day is needed if filming is conducted on a city street or sidewalk, said Judy Herweig of the Glendale city clerk’s office.

Typically, other cities have similar filming ordinances as Burbank’s to limit the city’s liability and safeguard public safety, Barlow said.

Burbank’s new filming ordinance will go into effect in early January.