Chapter 6.01
PERMITS FOR MOTION PICTURE AND TELEVISION PRODUCTION
Sections:
6.01.060 Deadline for filing application.
6.01.080 Permit approval – Denial.
6.01.110 Change in filming date.
6.01.130 Indemnification and liability.
6.01.010 Title.
This chapter shall be known and may be cited as the Dixon film permit ordinance. [Ord. 12-004.]
6.01.020 Purpose.
It is the purpose of this chapter to provide for rules governing the issuance of permits for filming activities on locations within the City. The intent of this chapter is to ensure that 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 health and safety and the protection of property and do not impose undue burdens upon public properties or private properties that may be directly or indirectly affected by noise, glare and public congregation associated with filming activities. It is the purpose of this chapter to regulate the time, place and manner in which such activities are conducted to only the extent reasonably necessary to preserve the public peace and safety. [Ord. 12-004.]
6.01.030 Definitions.
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
“City Manager” means the City Manager of the City of Dixon, or his designee.
“Film permit” means written authorization from the City Manager to conduct the filming activity described in the permit.
“Filming activity” means the filming, videotaping, photographing, or other similar process conducted for the making of motion pictures, television programs, commercial and nontheatrical film productions.
“News purpose” means a filming activity conducted for the purpose of reporting on persons or events which are in the news for television and other news services.
“Studio” means a fixed place of business where filming activities are regularly conducted upon the premises either indoors or outdoors. [Ord. 12-004.]
6.01.040 Permit required.
It is unlawful to conduct a filming activity as defined in DMC 6.01.030 without first obtaining a film permit from the City Manager. [Ord. 12-004.]
6.01.050 Permit exemptions.
The provisions of this section shall not apply to any of the following activities:
A. Film activities conducted for news purposes as defined in DMC 6.01.030.
B. Filming activities conducted in a studio as defined in DMC 6.01.030.
C. Filming activities conducted for use in a criminal investigation or court civil or criminal proceeding. [Ord. 12-004.]
6.01.060 Deadline for filing application.
A. An application for a filming permit must be filed with the City Manager’s office at least five (5) business days in advance of the time that the proposed filming activity is to commence.
B. Application deadlines may be waived for good cause by the City Manager if there is sufficient time remaining to process the application, and for the City to prepare for the requested filming activity. [Ord. 12-004.]
6.01.070 Application form.
Permit application shall be on a form furnished by the City Manager. Such form shall request the following information:
A. Name, business address and telephone number of applicant.
B. Location(s) and approximate daily call times of proposed filming activity.
C. Description of scenes to be filmed including details of any stunts, chase scenes, pyrotechnics, or special effects.
D. Name and contact telephone number(s) of person in charge on location.
E. Proof of permission to film on private property within City. If such proof is not available at the time the application is submitted, it can be subsequently filed by the applicant prior to the City’s issuance of the film permit.
F. Description of all vehicles which will be parked on City streets during filming activities and a parking plan.
G. Such other information as the City Manager may require to determine whether to grant a film permit under this chapter. [Ord. 12-004.]
6.01.080 Permit approval – Denial.
A. The application shall be approved/denied within two (2) business days of receipt of the application. The film permit shall be approved by the City Manager unless he/she determines from consideration of the application or other pertinent information that any of the following conditions exist:
1. The filming activity will substantially disrupt the use of a street at a time when it is usually subject to traffic congestion, or interfere with the operation of emergency vehicles in the proposed permit area.
2. The location of the filming activity will substantially interfere with street maintenance work, or a previously authorized excavation permit.
3. The proposed permit location is on City-owned property and the filming activity will substantially interfere with municipal functions, or other previously authorized activities on City property.
4. The filming activity creates a substantial risk of injury to persons or property.
5. The applicant failed to complete the application after being requested to do so, or the information contained in the application is found to be false in any material detail.
6. The particular filming activity would violate Federal, State or local law including license/permit requirements.
B. When the grounds for permit denial can be corrected by imposing reasonable permit conditions, the City Manager shall impose such conditions rather than denying the permit. [Ord. 12-004.]
6.01.090 Permit conditions.
The City Manager may condition the issuance of a filming activity permit by imposing reasonable requirements concerning the time, place and manner of filming activities including, but not limited to, the following:
A. Requirements for the presence of Dixon Police Department, Fire Department, or Public Works Department employees, at the applicant’s expense, when required for the particular filming activity.
B. Requirements concerning posting of no parking signs and placement of other traffic control devices at the applicant’s expense.
C. Restrictions of the use of gunfire, explosions, and other noise-creating or hazardous devices.
D. Restrictions on hours of filming activity.
E. Requirements concerning notice to affected property owners of the filming activity. [Ord. 12-004.]
6.01.100 Fees.
The fees shall be collected by the Finance Director and shall include:
A. A permit application processing fee in an amount established by City Council resolution shall be paid by the applicant at the time the application is filed.
B. A schedule of fees for City services and use of City property shall be established by City Council resolution. The applicant shall prepay such fees prior to issuance of the film permit.
C. The amount of the fees established by the City Council shall not exceed the reasonable costs incurred by the City for the processing of the application, the services to be provided by the City to the permittee and the use of the City property by the permittee. [Ord. 12-004.]
6.01.110 Change in filming date.
Upon reasonable notice by the permittee in advance of the filming activity, the City Manager is authorized to change the date for which the film permit has been issued without requiring a new application or application fee. [Ord. 12-004.]
6.01.120 Insurance.
The issuance of a film permit to a permittee shall be subject to the following conditions relating to insurance:
A. The applicant for a film permit must possess or obtain liability insurance to protect against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the filming activity. Such insurance shall name on the policy or by endorsement as insureds the City of Dixon, its officers, employees and agents. Insurance coverage must be maintained for the duration of the filming activity.
Coverage shall be provided in scope and amounts established by the City Manager or his or her designee based upon recommendations given to the City by the administrator of Northern California Cities Self Insurance Fund on such insurance matters.
B. A copy of the policy or a certificate of insurance along with all necessary endorsements must be filed with the City not less than three (3) business days prior to the filming activity unless the City Manager for good cause waives the filing deadline.
C. Proof of insurance coverage as specified in subsections A and B of this section must be verified by the City prior to issuance of a film permit by the City Manager. [Ord. 12-004.]
6.01.130 Indemnification and liability.
The issuance of a film permit to a permittee shall be subject to the following conditions relating to indemnification and liability:
A. Prior to the issuance of the film permit, the permit applicant must sign an agreement in a form approved by the City Attorney agreeing to reimburse the City of Dixon for any costs incurred to repair or replace City property which is damaged as the result of the filming activity.
B. The agreement shall also provide that the permittee shall defend, indemnify and hold harmless the City, its officers, agents, volunteers or employees from all claims and liability of any kind whatsoever resulting from or arising out of the filming activity or issuance of the film permit except when caused by the willful act or sole negligence of the City, its officers, agents, volunteers or employees. [Ord. 12-004.]
6.01.140 Duties of permittee.
The general duties of a permittee are as follows:
A. Each permittee shall comply with all terms and conditions of the permit. Failure to comply with all permit terms and conditions is grounds for permit revocation by the City Manager.
B. Each permittee shall clean and restore all City-owned property utilized during the filming activity to the same condition as existed prior to the filming, unless prior approval is received from the City Manager to leave the City property in an “improved” condition.
C. The person in charge of the filming activity shall retain a copy of the film permit on location. [Ord. 12-004.]
6.01.150 Appeals.
The permit applicant may appeal a permit denial, permit condition, or permit revocation or refusal to waive a deadline under this chapter by filing a letter of appeal within five (5) days of the date of the City Manager’s decision with the City Clerk. The appeal shall be heard by the City Council at its next regular meeting occurring not sooner than ten (10) days following the date of the filing of the appeal. [Ord. 12-004.]
6.01.160 Penalties.
The violation of any provision of this chapter shall be an infraction. Such violations may also be addressed by the City Attorney in a civil action seeking to abate such violations through the issuance of an injunction. [Ord. 12-004.]