Chapter 10-4
FILMING ACTIVITIES
Sections:
10-4-05 Deadline for filing applications.
10-4-10 Change of filming activity date.
10-4-15 Permit revocation or suspension.
10-4-01 Purpose.
It is the purpose of this chapter to provide rules governing the issuance of permits for filming activities on or using public property of the City of Turlock. 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 the protection of property.
(1269-CS, Added, 01/09/2020)
10-4-02 Definitions.
For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) “Applicant” shall mean the person, organization, corporation, association or other entity applying for a permit to film in the City of Turlock.
(b) “City” shall mean the City of Turlock, a municipal corporation.
(c) “Filming activity” shall mean the staging, shooting, filming, videotaping, photographing, or other similar process conducted for the making of still photographs, motion pictures, television programs, commercial and nontheatrical film productions.
(d) “Film permit coordinator” shall mean the person designated by the City Manager to issue film permits in the City of Turlock.
(e) “Film permit” shall mean written authorization from the film permit coordinator to conduct the filming activity described in the permit.
(f) “Fee schedule” shall mean those fees and reimbursements for costs as adopted by resolution of the City Council.
(g) “News purposes” shall mean a filming activity conducted for the purpose of reporting on persons, events, or scenes which are in the news for newspapers, television news, and other news media.
(h) “Permittee” shall mean the person, organization, corporation, association or other entity issued a film permit under this chapter.
(i) “Public property” shall mean any street, right-of-way, public trail, alley, or bikeway owned and maintained by the City, or any public park, building or other real property owned or leased by the City.
(j) “Still photography” shall mean and include all activity attendant to staging or shooting commercial still photographs.
(k) “Student filming activity” shall mean filming activity conducted to fulfill a course requirement by a student enrolled at a public or private school.
(1269-CS, Added, 01/09/2020)
10-4-03 Permit required.
It is unlawful to conduct a filming activity on public property within the City without first obtaining a film permit from the film permit coordinator.
The film permit must be in the possession of the permittee at all times while on location in the City and engaged in filming activities.
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, and shall comply with and be subject to all other provisions of State law and this Code, including, but not limited to, any regulations or restrictions governing the use of the private property as may be applicable to the filming activity pursuant to this chapter.
(1269-CS, Added, 01/09/2020)
10-4-04 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 City street or substantially impede pedestrian or vehicular traffic thereon:
(a) Filming activities conducted for news purposes as defined in TMC 10-4-02(g).
(b) Filming activities conducted for use in a criminal investigation or civil or criminal court proceeding.
(c) Noncommercial filming activities conducted solely for private or family use.
(d) Commercial still photography or staging thereof, when conducted to the exclusion of any other filming activity as defined in TMC 10-4-02(j), when the following conditions apply:
(1) The still photography, or staging thereof, will not be conducted on City property;
(2) The still photography, or staging thereof, will not require the parking of more than two (2) motor vehicles on any public street within the City.
(e) Filming activities conducted by or for the City or for any public access or governmental programming channel.
(1269-CS, Added, 01/09/2020)
10-4-05 Deadline for filing applications.
Applications for a film permit shall be submitted to the film permit coordinator a minimum of two (2) business days in advance of the day the film activity is to begin, except that an application for a film permit which includes traffic controls exceeding three (3) minutes, shall be submitted a minimum of four (4) business days in advance, and further excepted, that an application which includes street closures, stunts, or pyrotechnics shall be submitted a minimum of ten (10) business days in advance of the first day of filming.
Applicants shall submit applications at the earliest advance date possible in order to facilitate coordination between City departments.
Upon showing of good cause, the film permit coordinator shall consider applications which are filed after the filing deadline if there is sufficient time for City staff to process and review the application and to prepare for the filming activity.
(1269-CS, Added, 01/09/2020)
10-4-06 Application form.
The permit application shall be on a form furnished by the City and signed by the applicant or agent thereof. Such application shall include, but not be limited to, the following information:
(a) Name, address, and telephone number of applicant;
(b) Name, address, and twenty-four (24) hour telephone number(s) of person in charge of filming on location;
(c) Filming location(s), dates and approximate daily call times of proposed filming activity;
(d) Description of scenes to be filmed and/or diagrams of the site of filming, including details of any hazardous filming activity employing firearms, explosives, the use of open flame, other pyrotechnical effects, animals, use of amplified noise, stunts, filming of moving motor vehicles, watercraft or aircraft;
(e) Description of the types and number of motor vehicles which will be parked on public streets, and description of any equipment to be placed on public property;
(f) Evidence of adequate insurance certification as required by the risk manager pursuant to TMC 10-4-11;
(g) Such other information descriptions, diagrams, and technical information as the film permit coordinator may require. The film permit coordinator may promulgate such reasonable regulations as may be necessary to ensure the filming activity does not adversely affect the public health, safety and welfare;
(h) Provide a brief synopsis of film plot.
(1269-CS, Added, 01/09/2020)
10-4-07 Permit review.
The application shall be promptly reviewed by the film permit coordinator. The film permit shall be denied if any of the following will occur:
(a) The filming activity will substantially disrupt the use of a public right-of-way or street at a time when it is usually subject to traffic congestion, or interfere with the operation of emergency vehicles.
(b) The location of the filming activity will substantially interfere with a right-of-way or street maintenance work, or a previously authorized excavation permit.
(c) The filming activity will substantially interfere with other previously authorized activities or contracts, or the safety of the public or employees on public property.
(d) The filming activity will substantially interfere with ordinary municipal functions, or the scheduled maintenance of City buildings or grounds.
(e) The filming activity will create a substantial risk of injury to persons or damage to property.
(f) The filming activity will substantially disrupt the privacy and/or disturb the peace of individuals residing in the vicinity.
(g) The applicant has 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.
(h) The particular filming activity would violate Federal or State law, or other applicable City ordinances, including licensing or permit requirements.
(1269-CS, Added, 01/09/2020)
10-4-08 Permit conditions.
The film permit coordinator may impose reasonable conditions on the issuance of a film permit on the time, place, manner and duration of filming activities to be attached to the film permit, including but not limited to any of the following conditions:
(a) Requirements for the presence of employees of the City or use of City property at the applicant’s expense, when required for the particular filming activity;
(b) Requirements concerning posting of no parking signs, placement of traffic control devices, and employment of traffic and crowd control monitors at the applicant’s expense;
(c) Requirements concerning posting of the outer boundaries of the filming activity, and providing advance notice to affected and/or adjacent property owners, residents and businesses at applicant’s expense;
(d) Requirements concerning the cleanup and restoration of the public property used in the filming activity;
(e) Restrictions concerning the use of public agency employee services, vehicles and other equipment in the filming activity;
(f) Requirements that the applicant pay all fees, and obtain all permits and licenses required for the filming activity under local, State and Federal laws, including an encroachment permit, if necessary;
(g) Restrictions on the use of firearms, explosions, and noise-creating or hazardous devices;
(h) Restrictions on the use of stunts involving pyrotechnics, open flame, vehicle crashes or other hazardous materials;
(i) Requirements concerning cover-up of police, fire and other official uniforms worn by actors, when the actors are not on camera;
(j) Restrictions concerning the use of City and other public agencies’ logos, insignias, badges or decals for filming purposes;
(k) Restrictions on the locations and/or daily hours the filming activity may be conducted within the City;
(l) Requirements concerning the City’s or other public agencies’ receipt of proper acknowledgment for any assistance provided in making feature, television or commercial productions;
(m) Any other condition which the film permit coordinator deems necessary for the protection of the public health, safety and welfare, or which may be necessary to protect public and/or private property.
(1269-CS, Added, 01/09/2020)
10-4-09 Fees.
A schedule of fees for City services and use of City property shall be in an amount as established by resolution of the City Council and charged in accordance with the fee schedule.
The applicant shall pay all actual costs incurred by the City in providing City employees to be present during filming activity.
(1269-CS, Added, 01/09/2020)
10-4-10 Change of filming activity date.
Upon reasonable written notice by the permittee in advance of the filming activity, the film permit coordinator is authorized to change the date for which the film permit has been issued without requiring a new application.
(1269-CS, Added, 01/09/2020)
10-4-11 Insurance required.
The applicant for a film permit shall procure and maintain for the duration of the film activity such insurance in the forms, types, and amount as may be prescribed by the risk manager. The applicant shall request the film permit coordinator obtain the prior insurance liability limits from the risk manager prior to submitting the application, and shall submit adequate proof of insurance consistent therewith the application.
(1269-CS, Added, 01/09/2020)
10-4-12 Indemnification.
The applicant shall agree in writing to comply with the terms and conditions of the film permit, which shall include an agreement to indemnify the City in a form approved by the City Attorney.
(1269-CS, Added, 01/09/2020)
10-4-13 Street closures.
If the applicant requests a street closure as part of a film permit, it shall apply for an encroachment permit to be reviewed by the City Manager or his or her designated representative. As a condition of any encroachment permit the applicant shall give at least twenty-four (24) hours’ written notice of the proposed street closure to all residents and business owners within five hundred (500') feet radius of the street or streets to be closed.
(1269-CS, Added, 01/09/2020)
10-4-14 Pyrotechnics.
During the filming of any special effect or stunt requiring the use of pyrotechnics or any material deemed hazardous, including but not limited to fireworks, open flames, or explosives, the applicant may be required to obtain a permit from the City Fire Department.
(1269-CS, Added, 01/09/2020)
10-4-15 Permit revocation or suspension.
(a) Permit revocation. The film permit coordinator may revoke the film permit if the permittee, or any agents, employees or contractors of the permittee, fails to comply with the terms and conditions of the film permit, or the permit application was false in any material detail.
(1) Notice of the grounds for revocation of the film permit shall be provided in writing to the applicant or person in charge at the location of the filming activity.
(2) Appeals of the permit revocation shall be conducted in the manner specified in TMC 10-4-16.
(b) Permit suspension. A City of Turlock, Turlock Police Department officer 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 officer.
(1) The grounds for the permit suspension shall be provided in writing to the permittee within one (1) business day of the suspension.
(2) Appeals of the permit suspension shall be conducted in the manner specified in TMC 10-4-16.
(1269-CS, Added, 01/09/2020)
10-4-16 Appeals.
The permit applicant or permittee may appeal a film permit denial, revocation, suspension, permit condition, insurance/fees requirement or the film permit coordinator’s decision not to waive a deadline set forth in the policy. Such appeal shall be filed with the City Manager not later than five (5) business days after the date written notice of the decision is made. Failure to file timely appeal shall result in a waiver to the right to appeal. The appeal shall be heard by the City Manager or his or her designee.
The decision of the City Manager shall be final.
(1269-CS, Added, 01/09/2020)