Chapter 5.16
COMMERCIAL FILMMAKING
Sections:
5.16.040 Permit – Change of date.
5.16.060 Applications – Issuing authority.
5.16.070 Applications – Contents.
5.16.090 Reimbursement for city personnel.
5.16.110 Worker’s compensation insurance.
5.16.120 Hold harmless agreement.
5.16.130 Faithful performance bond.
5.16.010 Definitions.
For the purposes of this chapter:
“Charitable films” means commercials, motion pictures, television, videotapes or still photography produced by a nonprofit organization, which qualifies under Internal Revenue Code Section 501(c)(3) as a charitable organization. No person, directly or indirectly, shall receive a profit from the marketing and production of the film or from showing the films, tapes or photos.
“Motion picture, television, still photography” means and includes all activity attendant to staging or shooting commercial motion pictures, television shows or programs and commercials.
“News media” means the filming or videotaping for the purpose of spontaneous unplanned television news broadcast by reporters, photographers or cameramen. [Ord. 89-203 § 1, 1989; Ord. 87-194 § 1, 1987].
5.16.020 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 city. The administrative officer shall act on behalf of the city. The city administrative officer may designate an alternate to so act. [Ord. 89-203 § 2(A), 1989; Ord. 87-194 § 2(a), 1987].
5.16.030 Permit – Exemptions.
A. Current News. The provisions of this chapter shall not apply to or affect reporters, photographers or cameramen in the employ of a newspaper, news service 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.
B. The filming or videotaping of motion pictures solely for private family use.
C. The filming or videotaping of commercials when the commercial is filmed entirely on the property of the business featured in the commercial. [Ord. 90-208 § 1, 1991; Ord. 89-203 § 2(B), 1989; Ord. 87-194 § 2(b), 1987].
5.16.040 Permit – 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 from which the permit has been issued, provided established limitations are complied with in respect to time and location. [Ord. 89-203 § 3(A), 1989; Ord. 87-194 § 3(a), 1987].
5.16.050 Permit – Criteria.
A. The city council of the city is authorized and directed to promulgate rules and regulations, subject to approval by resolution of the council, governing the form, time and location of any activity set forth within the city. They shall also provide for the issuance of permits. The rules and regulations shall be based upon the following criteria:
1. The health, safety and convenience of all persons;
2. Avoidance of undue disruption of all persons within the affected area;
3. The safety of property within the city.
B. The city council adopts by reference the model filming permit process attached hereto and incorporated herein by this reference. [Ord. 89-203 § 3(B), 1989; Ord. 87-194 § 3(b), 1987].
5.16.060 Applications – Issuing authority.
The issuing authority shall be the city, acting by and through the city officer appointed by the city council. [Ord. 90-208 § 2, 1991; Ord. 89-203 § 4(A), 1989; Ord. 87-194 § 4(a), 1987].
5.16.070 Applications – Contents.
The following information shall be included in the application:
A. The name of the owner, the address and telephone number of the place at which the activity is to be conducted;
B. The specific location at such address or place;
C. The inclusive hours and dates such activity will transpire;
D. A general statement of the character or nature of the proposed filming activity;
E. The name, address and telephone number of the person or persons in charge of such filming activity;
F. The exact number of personnel to be involved;
G. Use of any animals or pyrotechnics; and
H. The exact amount and type of vehicles and equipment to be involved. [Ord. 89-203 § 4(B), 1989; Ord. 87-194 § 4(b), 1987].
5.16.080 Applications – Fee.
The city council may set a fee, from time to time by resolution, for the processing of such applications. [Ord. 89-203 § 4(C), 1989; Ord. 87-194 § 4(c), 1987].
5.16.090 Reimbursement for city 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. [Ord. 89-203 § 4(D), 1989; Ord. 87-194 § 4(d), 1987].
5.16.100 Liability insurance.
A certificate of insurance will be required in the amount of $1,000,000 naming the city as coinsured for protection against claims of third persons for personal injuries, wrongful deaths and property damage before a permit is issued. The city officers and employees shall be named as additional insureds. The certificate shall not be subject to cancellation or modification until after 30 days’ written notice to the city. A copy of the certificate will remain on file with the city. The insurance must be in a form acceptable to the city. [Ord. 89-203 § 5(A), 1989; Ord. 87-194 § 5(a), 1987].
5.16.110 Worker’s compensation insurance.
An applicant shall conform to all applicable federal and state requirements for worker’s compensation insurance for all persons operating under a permit. [Ord. 89-203 § 5(B), 1989; Ord. 87-194 § 5(b), 1987].
5.16.120 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. [Ord. 89-203 § 5(C), 1989; Ord. 87-194 § 5(c), 1987].
5.16.130 Faithful performance bond.
To ensure cleanup and restoration of the site, an applicant may be required to post a refundable faithful performance bond (amount to be determined) 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. 89-203 § 5(D), 1989; Ord. 87-194 § 5(d), 1987].
5.16.140 Violation – Penalty.
If an applicant violates any provision of this chapter or a permit issued pursuant thereto, the city may cancel the permit. Violations of the terms and conditions of the film permit are considered an infraction. Each day, or portion of a day, during which a violation occurs shall be considered to be a separate violation. [Ord. 89-203 § 5(E), 1989; Ord. 87-194 § 5(e), 1987].