310.1.1 PERMIT REQUIRED.
a) Except as otherwise provided in subsection b) of this Section no person shall use any public or private property, facility or residence, within the City for the purpose of taking commercial motion or television pictures or commercial still photography or for the purpose of radio broadcast or television telecasts without first obtaining a Commercial Filming Permit from the City Manager or his designee.
b) The provisions of this Chapter shall not apply to the following:
1) Reporters, photographers, or cameramen in the employ of a newspaper, news service, radio broadcasting station, 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) Still photography, motion picture, television or radio broadcasting when operating only at a licensed and fixed place of business within the City.
310.1.2 APPLICATIONS.
a) Every application for a Commercial Filming Permit shall be made in writing to the Revenue Administrator upon such forms as shall be designed and promulgated by the City Manager.
b) All applications for a Commercial Filming Permit shall include:
1) The names, addresses and signatures of the applicant or applicants, or, if the applicant is an organization, of its responsible officer(s).
2) The exact location of the desired filming or broadcasting and the date and times therefore.
3) A description of the nature of the filming or broadcasting and the estimated number of participants.
c) Completed applications for Commercial Filming Permits shall be submitted not less than ten (10) working days prior to the date upon which filming or broadcasting is proposed to begin.
310.1.3 PERMIT PROCESSING.
Upon receipt of any Commercial Filming Permit application the Revenue Administrator shall forward the same to the Chief of Police, Fire Chief and Director of Transportation and Risk Manager for his review and recommendation to the City Manager. The City Manager or his designee shall issue a Commercial Filming Permit upon his finding the following:
a) That the proposed activity or use of property will not unreasonably interfere with traffic circulation in the area; and
b) That the proposed activity and use will not be detrimental to the public health, welfare, and safety; and
c) That the proposed activity or use will not entail extra-ordinary or burdensome expense to the emergency services of the City.
310.1.4 APPEAL.
a) The decision of the City Manager or his designee on issuance of a Commercial Filming Permit may be appealed to the License Review Board by an interested party by filing a notice of such appeal, stating the grounds for such appeal and paying a fee of Fifty Dollars ($50.00) within ten (10) days after the decision of the City Manager.
b) Appeals pursuant to this Section shall be heard by the License Review Board within fifteen (15) days from the date of filing of such appeal, except as may be mutually agreed upon by the applicant and the Revenue Administrator.
c) Hearing shall be held in accordance with the requirements of Section 31.9.4. of this Code. The License Review Board shall use the criteria set forth in Section 310.1.3
d) The decision of the License Review Board may be appealed to the City Council pursuant to the provisions of Section 11.5.1. of this Code.
310.1.5 SERVICES BY CITY.
When any traffic, crowd or fire control services are required as a result of activities conducted pursuant to a Commercial Filming Permit, such services shall be performed by City personnel and under City direction and control.
310.1.6 SERVICE CHARGE.
a) A service charge as estimated by the City Manager or his designee equal to the actual cost to the City thereof shall be paid in advance for the performance by the City of traffic, crowd, or fire control services as provided in Section 310.1.5. For purposes of such service charge, cost to the City includes, but is not limited to, labor, supervision, overhead, benefits, administration, equipment and materials.
b) If the actual cost to the City exceeds the amount of the deposit, the permittee shall reimburse the City for the difference. If the actual cost to the City is less than the amount of the deposit, the excess shall be refunded to the permittee.
310.1.7 INSURANCE.
Prior to issuance of a Commercial Filming Permit, the applicant shall submit to the Revenue Administrator a certificate of insurance from a carrier approved by the City Manager and in an amount approved by the City Manager.
310.1.8 CHANGE OF DATE.
Filming dates specified in a Commercial Filming Permit may be modified upon request of the permit holder and approval of the City Manager or his designee where the project for which the permit was issued remains unchanged and where there are no objections from any affected City departments.