Chapter 10.3 Motion Picture, Television, and Photographic Production

10.3.10 Purpose of this Chapter

The purpose of this Chapter is to establish regulations applicable to motion picture, video production and other forms and types of media production. This Chapter shall be known as the Motion Picture, Television and Photographic Production Ordinance. This Chapter applies to all activity that is attendant to the staging or shooting (videotaping or filming) commercial or noncommercial motion pictures, television shows, programs or commercials and to the taking of single or multiple photographs for sale or use for a commercial purpose.

10.3.20 Permit Required

No person shall use any public right-of-way or any public or private property, facility or residence for the purpose of producing, taking or making any commercial or noncommercial motion picture, television or photographic production without a permit issued pursuant to the provisions of this Chapter.

10.3.30 Permit Exemptions

The requirements of this Chapter shall not apply to current news productions which include reporters, photographers or cameramen in the employment of a newspaper, news service, broadcasting station or similar entity engaged in the broadcasting of news events. Neither shall the requirements of this Chapter apply to productions that are created or conducted by the City.

10.3.40 Permit Application Process

Any person desiring a permit under the provisions of this Chapter shall make application on the appropriate form provided by the City. The following application requirements apply:

A.    The application form must be signed and accompanied by all fees and deposits, and any hold harmless agreement or insurance certificate required by this Chapter before it will be processed.

B.    The application shall be submitted at least five (5) working days prior to the date on which it is desired to conduct the activity for which a permit is required.

C.    If such activity can be expected to interfere with traffic, the application shall be submitted at least two (2) weeks in advance.

D.    If the application satisfies the criteria of this Chapter, the permit shall be issued within five (5) working days of submittal, or within seven (7) days of submittal if the activity requires traffic control in excess of fifteen (15) minutes or includes stunts or special effects, or within ten (10) days of submittal if activities require road closures.

10.3.50 Permit Fees and Deposits

Each permit application shall be accompanied by payment of the following fees and deposits:

A.    A permit processing fee in an amount established by the City Council. The processing fee shall be waived for charitable and nonprofit organizations that qualify under Section 501(c)(3) of the United States Internal Revenue Code.

B.    A daily services fee in an amount established by the City Council. The daily services fee shall be waived for charitable and nonprofit organizations that qualify under Section 501(c)(3) of the United States Internal Revenue Code.

C.    A deposit in the amount of the estimated cost of providing additional services as described in Section 10.3.60.

10.3.60 Additional Services

If deemed necessary by the City Manager, additional law enforcement, traffic control, code enforcement, fire, or other City services shall be provided for the purpose of protecting, assisting, and regulating the proposed activity. Any additional City services required will be provided and coordinated at the discretion of the City Manager. In the event the City’s actual cost for providing additional services exceeds the estimated cost, the Applicant will pay the difference to the City. Failure of the Applicant to pay the difference will constitute a basis for the City to revoke outstanding permits and to deny future permits. If the City’s actual cost for providing additional services is less than the estimated cost, the City will refund the difference to the Applicant.

10.3.70 Permit Issuance Conditions

The City Manager shall issue a permit as provided for in this Chapter when, from consideration of the application and such other information as may be otherwise obtained, it is found that:

A.    The conduct of such activity will not unduly interfere with traffic or pedestrian movement or endanger public safety and no streets will be restricted or closed to traffic for an unreasonable period of time. Seventy-two (72) hours’ notice of any street closure shall be given.

B.    The conduct of such activity will not unduly interfere with normal governmental or City operations or previously scheduled City events or services, threaten to result in damage or detriment to public property or result in the City incurring costs or expenditures in either money or personnel not reimbursed in advance by the Applicant.

C.    The condition of such activity will not constitute a fire hazard or any other type of hazard to public property or public safety and all property safety precautions will be taken as determined by the City. The decision of the City Manager to issue, conditionally issue, or deny a permit shall be final unless appealed in writing within five (5) working days of the decision by requesting a hearing before the City Council.

10.3.80 Insurance

As a condition of issuing such a permit, the Applicant shall furnish insurance in the amount to be determined by the City Manager, but in no event less than one million ($1,000,000.00) dollars, to protect the City against claims for personal injury, wrongful death and property damage and to indemnify the City for damage to City property arising out of the activities. An additional minimum of five million ($5,000,000.00) dollars of general liability insurance coverage shall be required in the event aircraft are used in the activity. A copy of the insurance policy shall remain on file with the application. The City shall be named as an additional insured under a policy that shall not be subject to cancellation until after thirty (30) days’ written notice to the City. The Applicant shall also submit verification that adequate Worker’s Compensation insurance coverage is maintained.

10.3.90 Hold Harmless Agreement

The Applicant shall execute a hold harmless agreement in a form provided by the City prior to the issuance of any permit to indemnify, defend and protect the City against any and all claims arising out of or relating to, activities conducted by the permittee or any damage to City property arising out of or relating to, activities conducted by the permittee.

10.3.100 Conditions-Restrictions

The Applicant shall maintain a copy of the permit on site at all times. No production may be conducted between the hours of ten o’clock p.m. and seven o’clock a.m. The Applicant shall also comply with any and all conditions or restrictions the City may impose in issuing a permit. No changes in conditions or restrictions shall be made without first obtaining the written approval of the City Manager. Changes to the permit may be approved by the City Manager prior to completion of filming in the form of a written attachment to the permit. (Ord. 2015-06 § 1)

10.3.110 Cleanup/Restoration

The Applicant shall conduct operations in an orderly fashion with continuous attention to the storage of equipment not in use, maintenance of the area and the cleanup of trash and debris. The area used shall be cleaned of trash and debris to the City’s satisfaction within two (2) hours of the completion of the activity or within such other time established in the permit. The Applicant shall be responsible for restoring any area damaged or disrupted before leaving the site. If the site is not repaired or restored to the City’s satisfaction, the City Manager shall have the necessary restoration and/or repairs performed and Applicant shall reimburse City for such work within ten (10) days of completing filming. In the event Applicant fails to so reimburse City, City may secure its reimbursement from either a cash or surety bond that will be posted with the City to ensure faithful performance of such restoration. Such faithful performance bond shall be filed at the time of the application in an amount of five hundred ($500.00) dollars or in any higher amount determined by the City Manager to be reasonably required under the circumstances. The amount of the bond shall in no way limit the Applicant’s liability or responsibility for the costs of repairs or restoration in the event these costs exceed the bond amount.

10.3.120 Violation

Violation of the provisions of this Chapter is hereby declared to be a misdemeanor punishable as provided in Article 8.