Chapter 5.51
FILMING PERMIT
Sections:
5.51.020 Permit and filming agreement required.
5.51.030 Application contents and process – Fees.
5.51.040 Standards for issuance.
5.51.050 Issuance or denial of permit.
5.51.060 Hold harmless agreement.
5.51.010 Definitions.
(1) “City” means the city of Oak Harbor, Washington.
(2) “Director” means the finance director of the city of Oak Harbor or designee.
(3) “Film production” means the making of feature films, documentaries, television movies, series and commercials and commercial still photography which impedes the flow of traffic or pedestrians.
(4) “Permit to film” means a permit as required by this chapter.
(5) “Person” means any person, firm, partnership, association, corporation, company or organization of any kind. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1854 § 1, 2018).
5.51.020 Permit and filming agreement required.
(1) Permit and Filming Agreement Required. Any person seeking to engage in, participate in, aid, form or start any film production intended for commercial sale or distribution shall first obtain a permit under this chapter and execute a filming agreement with the city. Permit fees are charged on a daily basis.
(2) No Business License Required. Applicants only operating business activities under permits issued pursuant to this chapter shall not be required to obtain a business license. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1854 § 1, 2018).
5.51.030 Application contents and process – Fees.
A person seeking a filming permit shall file a complete application with the finance department on the forms provided by the city.
(1) Filing Period. An application for a filming permit shall be filed with the finance department not less than 30 days before film production is to take place. Exemptions to the 30-day requirement may be made by the director, in limited circumstances, depending on the scope and impact of the intended project.
(2) Multi-Department Review. The finance department shall transmit copies of the application to the city administrator, director of public works, police chief, city engineer, building official and the fire chief for review.
(3) Contents. The application for a permit to film shall set forth the following information:
(a) Information as required to identify a business for issuance of a business license under Chapter 5.01 OHMC;
(b) The project title, the name, permanent and local address and phone number of the production company seeking to conduct such film production;
(c) The name, address and phone number of the authorized and responsible person for the film production;
(d) The name and phone numbers of the production manager, location manager and publicist for the project;
(e) The date(s) and times the preparation, filming and cleanup are to take place;
(f) The approximate number of persons and vehicles involved in the production;
(g) The exact locations to be used for filming, staging, and preparation;
(h) The type and nature of any firearms, dangerous materials, animals, special effects or low flying aircraft required for the project;
(i) A traffic control plan or pedestrian control plan, if necessary; and
(j) Any other information or documentation required by the director.
(4) Certificate of Insurance. No permit to film shall be issued until the permittee files with the city clerk a certificate of insurance naming the city of Oak Harbor as an additional insured, and an endorsement for general liability in the amount acceptable to the city attorney. The city of Oak Harbor, its corporate authorities, elected officials, officers, attorneys, employees and agents shall be made additional insured with respect to any and all claims which arise out of or are in any way related to the operations of the film production company while present in the city of Oak Harbor.
(5) Fees. An application fee per the master fee schedule adopted by resolution of the city council shall be paid at the time of filing the application for a permit to film. A deposit of the daily permit fee per the master fee schedule adopted by resolution of the city council for the estimated time of filming and the estimated cost of services by city forces, if applicable, shall also be paid prior to issuance of the permit. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1854 § 1, 2018).
5.51.040 Standards for issuance.
The director may issue a filming permit under the following conditions:
(1) The conduct of the film production project will not substantially interrupt the safe and orderly movement of traffic and pedestrians within the city;
(2) As determined by the director, the film production project may require city personnel to properly assist as needed at location of filming;
(3) The concentration of persons, animals, vehicles and equipment for operation of the film production project will not interfere with proper police and fire protection or ambulance and medical services within the city;
(4) The proposed time, date and location of the film production project are reasonable, considering the health, safety and general welfare of all persons residing in, working in, or visiting the city; and
(5) Any conditions required by the director due to the scope of the project will be implemented by the applicant. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1854 § 1, 2018).
5.51.050 Issuance or denial of permit.
(1) The director shall review the recommendations of police, fire and development services departments and approve or deny the permit application subject to reasonable conditions of approval.
(2) If the application is denied, the director shall inform the applicant by notice of such action stating the reasons for the permit denial, including the right to appeal the decision pursuant to Chapter 1.24 OHMC. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1854 § 1, 2018).
5.51.060 Hold harmless agreement.
The permittee shall indemnify and hold harmless the city of Oak Harbor, its officers, elected officials, agents, employees and volunteers from and against any and all claims, actions, suits, proceedings, costs, expenses (including attorney’s fees), damages and liabilities claimed by any person, organization, association or otherwise arising from or relating to any act or omission of the permittee, its agents, contractors or employees under this agreement. The permittee further waives, with respect to the city of Oak Harbor only, its immunity under RCW Title 51, Industrial Insurance. The indemnification provided for in this permit shall service any termination or expiration of this agreement. Failure of the permittee to comply with the terms of the city of Oak Harbor’s permit as described may result in revocation of the permit. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1854 § 1, 2018).
5.51.070 Duties of permittee.
A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1854 § 1, 2018).
5.51.080 Revocation.
The director shall have the authority to revoke a permit issued hereunder upon application of the standards for issuance as herein set forth, or for violation of any condition of such permit or violation of any law or ordinance. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1854 § 1, 2018).
5.51.090 Enforcement.
The Oak Harbor police department shall have the administrative authority to implement and enforce this chapter. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1854 § 1, 2018).
5.51.100 Appeals.
Any person aggrieved by denial or revocation of a permit may file an appeal with the city administrator. The appeal under this section shall be governed by Chapter 1.24 OHMC. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1854 § 1, 2018).
5.51.110 Violations.
Violations of this chapter shall constitute a civil offense and shall be governed by the procedures of Chapter 1.28 OHMC. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1854 § 1, 2018).