Chapter 5.48
MOTION PICTURE PRODUCTION, TELEVISION PRODUCTIONS AND COMMERCIAL STILL PHOTOGRAPHY
Sections:
5.48.030 Permits and exemptions.
5.48.040 Rules and regulations.
5.48.050 Applicants and issuance.
5.48.060 Liability provisions.
5.48.080 Revocation or suspension.
5.48.010 Purpose of chapter.
It is the purpose of this chapter to provide rules governing the issuance of filming permits for motion picture production, television productions and commercial still photography on location within the city. The intent of this chapter is to ensure that still photographers and motion picture, television commercial and nontheatrical filming companies will be encouraged to use locations for filming activities within the city so long as those activities are consistent with the public safety and protection of property. (Ord. 98-8).
5.48.020 Definitions.
For the purpose of this chapter, the following terms shall be defined as follows:
A. “Commercial still photography” shall mean photography by a photographer for profit, who uses public property and impedes use of the public property by others with props and/or other equipment.
B. “Designated city officer” shall mean the director of parks and community services.
C. “Motion picture, television, still photography or filming activities” shall mean and include all activity attendant to staging or shooting commercial motion pictures, television shows or programs, and commercials and commercial still photography.
D. “News media” shall mean the filming or video taping for the purpose of spontaneous, unplanned television news broadcast by reporters, photographers or cameramen.
E. “Permit” shall mean the filming permit issued by the designated city officer pursuant to this chapter.
F. “Private-family use” means and includes that noncommercial use for a group of people related by blood or marriage and their invited guests.
G. “Studio” shall mean a fixed place of business where filming activities are regularly conducted upon the premises. (Ord. 98-8).
5.48.030 Permits and exemptions.
A. Permit Required. No person shall use any public or private property, facility or residence for the purpose of taking commercial motion pictures or television pictures or commercial still photography without first applying for and receiving a permit from the designated city officer. This permit does not constitute or grant permission to use or occupy property not owned, leased or controlled by the city of Benicia. An applicant shall obtain the private property owner’s permission, consent, and/or lease for use of property not owned or controlled by the city. Evidence of such permission must be provided as part of the application submittal.
B. Permit Exemptions. The provisions of this chapter shall not apply to any of the following activities; provided, that the activity will not require the closure of a public street, substantially impede vehicular traffic thereon, or impact public safety:
1. News Media. The provisions of this chapter shall not apply to or affect reporters, photographers or camerapersons in the employ of a newspaper, news services, or similar entity engaged in on-the-spot broadcasting of news events concerning those persons, scenes or occurrences which are in the news and of general public interest.
2. Private-Family Use. The filming or video taping of motion pictures solely for private-family use.
3. Noncommercial Still Photography. The photography or staging thereof when conducted for noncommercial purposes and such photography will not require the parking of more than two vehicles on any public street within the city.
4. The filming of commercial motion pictures or television pictures or commercial still photography conducted at studios as defined in BMC 5.48.020(G).
5. The filming of commercial motion pictures or television pictures or commercial still photography conducted by or for the city. (Ord. 98-8).
5.48.040 Rules and regulations.
A. Rules. The designated city officer is hereby authorized and directed to promulgate rules and regulations governing the form, time, and location of any film activity set forth within the city. He/she shall also provide for the issuance of filming permits. The rules and regulations shall be based upon, but not limited to, the following criteria:
1. The health and safety of all persons;
2. Avoidance of undue disruption of all persons within the affected area;
3. The safety of property within the city; and
4. Traffic congestion at particular locations within the city.
B. Change of Date. Upon the request of the applicant, the issuing authority shall have the power, upon a showing of good cause, to change the date for which the permit has been issued provided established limitations are complied with in respect to time and location. (Ord. 98-8).
5.48.050 Applicants and issuance.
A. Issuing Authority. The issuing authority shall be the designated city officer.
B. Applications. The application form will be provided by the parks and community services department. The application form will include, but not be limited to, the following information:
1. The name of the owner, the address and telephone number of the place at which the activity is to be conducted;
2. The specific location at such address or place;
3. The inclusive hours and dates such activity will transpire;
4. A general statement of the character or nature of the proposed filming activity;
5. The name, address and telephone number of the person or persons in charge of such filming activity;
6. The exact number of personnel to be involved;
7. Use of any animals or pyrotechnics; and
8. The exact amount/type of vehicles/equipment to be involved.
C. Fees. A schedule for city services and use of city property shall be established by resolution of the city council.
D. Reimbursement for Personnel. The production company shall reimburse the city for any personnel provided to the company (i.e., police, fire, traffic) for the purpose of assisting the production and any other related costs. (Ord. 98-8).
5.48.060 Liability provisions.
A. Liability Insurance. Before a permit is issued, a general liability special endorsement will be required in an amount of at least $1,000,000 naming the city as a coinsured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage for both public and private property. The city officers and employees shall be named as additional insureds. The endorsement shall not be subject to cancellation or modification until after 30 days’ written notice to the city. A copy of the endorsement will remain on file with the department of parks and community services.
B. Workers’ Compensation Insurance. An applicant shall conform to all applicable federal and state requirements for workers’ compensation insurance for all persons operating under a permit.
C. Hold Harmless Agreement. An applicant shall execute a hold harmless agreement as provided by the city prior to the issuance of a permit under this chapter.
D. Faithful Performance Bond. To ensure cleanup and restoration of the site, an applicant may be required to post a refundable faithful performance bond (in an amount to be determined by the city attorney) at the time the application is submitted. Upon completion of filming and inspection of the site by the city, the bond may be returned to the applicant. (Ord. 98-8).
5.48.070 Violation.
If an applicant violates any provision of this chapter or a permit issued pursuant thereto, the city may cancel the permit. Violation of the terms and conditions of the permit is considered a misdemeanor. (Ord. 98-8).
5.48.080 Revocation or suspension.
A. Permit Revocation. The designated city officer 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 the film permit or if the designated city officer determines after the film permit is issued that the film permit application was false in any material detail.
1. Notice of the grounds for revocation of the film permit shall be provided in writing by the designated city officer to the permit applicant or person in charge at the location of the filming activity.
2. Appeals of the film permit revocation shall be conducted in the manner specified in BMC 5.48.090.
B. Permit Suspension. The city employee assigned to monitor the filming activity site may 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 city employee.
1. The grounds for the permit suspension shall be provided in writing by the designated city officer to the permittee within one business day of the suspension.
2. Appeals of the permit suspension shall be conducted in the manner specified in BMC 5.48.090. (Ord. 98-8).
5.48.090 Appeals.
The permit applicant or permittee may appeal a permit denial, revocation, suspension, permit condition, insurance/fees requirement or the decision not to waive a deadline set forth in the policy. Such appeal shall be in accordance with Chapter 1.44 BMC. (Ord. 07-35 § 1; Ord. 98-8).