Alameda Municipal Code § 5-30 Filming Activities

The purpose of this section is to provide rules governing the issuance of permits for filming activities on location within the City. The intent of this section is to ensure that still photographers and motion picture, television, and commercial film and digital media companies will be encouraged to use Alameda for filming activities as long as those activities are consistent with the public safety and the protection of property.

(Ord. No. 2978 N.S. § 2)

As used in this section:

Alameda Film Commission means eleven (11) member body established by Council ordinance in 2006 with a mandate of promoting film and digital media activity in Alameda.

Applicant means the person, organization, corporation, association or other entity applying for a permit for filming activities in the City of Alameda.

Commercial still photography means and includes all activity attendant to staging or shooting still photographs for commercial purposes.

Development Services Department (DSD) means City Department charged with staffing the Alameda Film Commission.

Filming activity means 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.

Film permit means written authorization from the Permit Center to conduct the filming activity described in the permit.

Fire Chief means the Chief of the Fire Department of the City of Alameda and/or designee.

News purposes means filming activity conducted for newspapers, television news, and other news media for the purpose of reporting on persons, Electronic News Gathering (ENG), events, or scenes which are in the news.

Permit Center means the office in charge of coordinating and issuing permits for the City of Alameda.

Permittee means the person, organization, corporation, association or other entity issued a film permit.

Planning and Building Department Director means the Director of the Planning and Building Department for the City of Alameda and/or designee. The Department is charged with coordinating film/video activity and issuing permits for same through the Permit Center.

Police Chief means the Chief of Police of the City of Alameda and/or designee.

Public property means any sidewalk, parking area, park or open space, building or any other property owned, leased or controlled by the City of Alameda.

Public street means any street or road maintained by the City and located within City limits.

Public Works Director means the Director of Public Works for the City of Alameda and/or designee.

Pyrotechnics means special effects involving explosions, fireworks or anything else which produced light, smoke or noise when ignited.

Student filming activity means filming activity conducted to fulfill a course requirement by a student enrolled at a public or private school.

Studio means a fixed place of business where filming activities are regularly conducted upon the premises.

(Ord. No. 2978 N.S. § 2)

The Planning and Building Department Director and/or designee shall coordinate the City's procedures under this section. The Director and/or designee shall work cooperatively and responsively with other City departments with significant roles in filming in Alameda, specifically, those other City departments involved in the processing of film permits such as the Development Services Department (DSD), Police, Fire, and Public Works. The DSD Director and/or designee shall work with the Alameda Film Commission to carry out its mandate to promote filming activity in Alameda through marketing activity and working with various City department to ensure an environment that while "film-friendly" still protects the high quality of life enjoyed by Alamedans.

(Ord. No. 2978 N.S. § 2)

A permit is required by the City for the purpose of filming on City-owned, leased or controlled real property or streets. This permit does not constitute or grant permission to use or occupy property not owned, leased or controlled by the City. 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. Student produced film/video activity is not exempt from permit requirements. The permit must be in the possession of the permittee at all times while on location in the City.

(Ord. No. 2978 N.S. § 2)

No permit is required for the following activities as long as the activity will not require the closure of a public street, sidewalk, or place nor substantially impede vehicular or pedestrian traffic thereon:

a. Filming activities conducted for news purposes;

b. Filming activities conducted at commercial studios, either inside or outside, on private property;

c. Filming activities conducted for use in a criminal investigation or civil court proceedings;

d. Noncommercial activities;

e. Commercial still photography or staging when:

1. No aspect of the still photography is conducted on City property, and

2. No aspect of the still photography will require more than two (2) motor vehicles parked on any public street;

f. Filming activities conducted by or for the City.

(Ord. No. 2978 N.S. § 2)

The permit application shall be on a form furnished by the Permit Center. Terms and conditions of the permit will be added as needed to the particular filming activity. Applicants must sign the permit form before undertaking any filming activity authorized by the permit.

(Ord. No. 2978 N.S. § 2)

Applications for film permits must be filed with the Permit Center. Administrative regulations, kept on file within the Center, will set forth maximum time periods for permit issuance date based on the complexity of the proposed action in the following categories:

a. Applications that include stunts, special effects, including pyrotechnics or traffic control in excess of three (3) minutes;

b. Applications that involve public street closure;

c. Applications that involve neither of the above.

(Ord. No. 2978 N.S. § 2)

Film permits shall be approved unless:

a. The proposed filming activity would substantially disrupt the use of a public street at a time of traffic congestion, or interfere with the operation of emergency vehicles and/or interfere with street maintenance work or a previously authorized excavation permit.

b. The area of proposed filming activity is on City property and would substantially interfere with:

1. Other previously authorized activities, contracts, or the safety of the public or employees while on City property and/or,

2. Municipal functions or the scheduled maintenance of City buildings or grounds.

c. The proposed filming activity creates a substantial risk of injury to persons or property.

d. The applicant fails 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.

e. The proposed filming activity would violate Federal, State, or local law including licensing or permit requirements.

When grounds for permit denial can be corrected by imposing reasonable permit conditions, the Planning and Building Department Director and/or designee in consultation with the Fire Chief, Police Chief, and/or Public Works Director as appropriate, may impose such conditions rather than deny the permit. No late applications will be processed unless the Planning and Building Department Director and/or designee determine that special circumstances exist relative to the application which would have precluded its application on a timely basis. Upon such showing of good cause, applications which are filed after the filing deadline shall be processed if there is sufficient time to process and investigate the application and for City staff to prepare for the filming activity.

(Ord. No. 2978 N.S. § 2)

The Planning and Building Department Director and/or designee may condition the issuance of a film permit by imposing reasonable requirements concerning the time, place, manner and duration of filming activities. Additional "Terms and Conditions" attached to the film permit, may include, but not be limited to, the following requirements or restrictions:

a. Requirements for the presence of City employees at the applicant's expense;

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. Posting the outer boundaries of the filming activity and providing advanced notice to affected property owners and businesses;

d. Requirements concerning the cleanup and restoration of public streets and City property used in the filming activity;

e. Restrictions concerning the use of City 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;

g. Restrictions on explosions, noise, or hazardous devices which might disturb the peace, to be addressed on a case-by-case basis;

h. Restrictions on the use of stunts involving pyrotechnics, open flames, vehicle crashes or other hazardous materials;

i. Requirements on the usage of police, fire and other official uniforms worn by actors when the actors are not on camera;

j. Restrictions on the use of City logos, insignias, badges or decals for filming purposes;

k. Restrictions on the daily hours the filming activity may be conducted within the City;

l. Requirements concerning proper acknowledgment of any City assistance provided in making feature, television or commercial productions.

(Ord. No. 2978 N.S. § 2)

The City Council shall establish film permit fees by resolution which are due and payable at the time their permit application is submitted. In addition to the film permit fees, the applicant shall pay for any other necessary permits, for the use of the sites, and for all costs incurred by the City in providing City employees or equipment to be present during filming activity.

(Ord. No. 2978 N.S. § 2)

Upon reasonable notice by the permittee in advance of filming activity, the Planning and Building Department Director and/or designee is authorized to change the date for which the film permit has been issued without requiring a new application or permit.

(Ord. No. 2978 N.S. § 2)

The applicant for a film permit shall procure and maintain for the duration of the film activity insurance in the amounts and types required by the City's Risk Manager.

(Ord. No. 2978 N.S. § 2)

Prior to the issuance of the film permit the permittee must agree in writing to comply with the "Filming Permit Terms and Conditions."

(Ord. No. 2978 N.S. § 2)

The permittee and all agents, employees and contractors of the permittee at the filming activity site within the City shall comply with the following requirements:

a. The permittee shall not conduct within the City a filming activity not authorized by the film permit;

b. The permittee shall:

1. Comply with instructions made by the Alameda police officers assigned to police the filming activity area,

2. Comply with instructions made by City employees assigned to regulate the filming activity site,

3. Clean and restore all City-owned property utilized during the filming activity to the same condition as existed prior to the filming activity,

4. Comply with this chapter and all Federal, State and local laws.

(Ord. No. 2978 N.S. § 2)

The applicant for a film permit may request that the City authorize a street closure on the film permit application. A short-term encroachment permit shall be granted by the Public Works Director.

(Ord. No. 2978 N.S. § 2)

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 must obtain a permit from the Fire Department.

(Ord. No. 2978 N.S. § 2)

The Planning and Building Director and/or designee may revoke a film permit if the permittee or any agents, employees or contractors of the permittee fail to comply with the applicable requirements of this section or if the Planning and Building Director and/or designee(s) determines after the permit is issued that the permit application was false in any material detail. Notice of the grounds for revocation of the film permit shall be provided in writing by the Planning and Building Director and/or designee to the permit applicant or person in charge of the location of the filming activity. Appeals of the permit revocation shall be conducted in the manner set forth below. The Fire Chief, Police Chief, Public Works Director and/or Planning and Building Department Director and/or their designee(s) 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. Notice of the grounds for suspension of the film permit shall be provided in writing by the applicable Chief or Director and/or designees to all other Department Directors and Chief(s) (with the authorization to suspend) and the permittee within one (1) business day of the suspension. Appeals of the permit suspension shall be conducted in the manner set forth below.

(Ord. No. 2978 N.S. § 2)

Any person dissatisfied with a decision of the City or its representative may file an appeal to the Alameda Film Commission (AFC) within the time specified below. The appeal shall be made in writing and filed with the Permit Center not later than five (5) days after the date written notice of the City decision is made. Failure to file a timely appeal shall result in a wavier to the right to appeal. The appeal shall state in detail the factual basis for the appeal.

The AFC or its designee may appoint a hearing officer to conduct the hearing, to receive relevant evidence, and to submit to the AFC findings and recommendations to be considered by the AFC. If appointed, the hearing officer shall hear the appeal and submit his or her findings and recommendations to the AFC. The AFC shall render its decision within seven (7) working days from the date of the hearing, or in the event that a hearing officer has been appointed, within seven (7) working days from the date the AFC receives the findings and recommendations of the hearing officer. The decision of the AFC shall be final.

(Ord. No. 2978 N.S. § 2)

The violation of any provision of this section shall constitute an infraction.

(Ord. No. 2978 N.S. § 2)