Amador City Municipal Code Ch. 5.12 Commercial Filming

As used in this chapter:

"Charitable films" means commercials, motion pictures, television. video tapes, or still photography produced by a nonprofit organization, which qualifies under Section 501 (c)(3) of the Internal Revenue Code 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, videos, and commercials.

"News media" means the filming or videotaping for the purpose of spontaneous unplanned television news broadcast by reporters, photographers or camera personnel.

(Ord. 133 § 1, 1998)

A. Permit Required.

1. No person(s) shall use any public property or facility 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.

2. Projects which qualify under Section 501(c)(3) of the Internal Revenue Code (Charitable Films) require a permit and proof of liability provisions (Section 5.12.040) but will not be required to pay the permit fee.

B. Exemptions.

1. Private Use. Permit shall not be required for still photography, videotaping or motion pictures intended solely for private/family use.

2. News Media. Permit shall not be required of reporters, photographers, or cameramen in the employ of a newspaper, news service, or similar entity engaged in the broadcasting of news events in the general public interest.

(Ord. 133 § 2, 1998)

A. The city council finds that certain rules and regulations are required to maintain the following:

1. The health and safety of all persons;

2. Avoidance of undue disruption to all persons within the affected area;

3. The safety of property within the city;

4. Avoidance of undue traffic congestion within the city.

B. Applicants will comply with the following:

1. Public notification of any alteration of pedestrian and/or vehicular traffic must be made not later than seventy-two (72) hours in advance of the disruption. Highway, street, or road closures, and any traffic controls must be coordinated with and approved by the sheriff's department, California Highway Patrol, and/or CALTRANS, as appropriate, and in advance of public notice.

2. Any interference with normal street/ sidewalk activities, equipment blocking doors or passage ways, special parking provisions, stunt work, pyrotechnics or other special effects or any other potential disruption must be publicly noticed seventy-two (72) hours prior to occurrence.

3. Use of city property, other than streets and sidewalks, requires special request and written permission from the city.

4. Copies of permissions, authorizations, public notices will be provided to the city prior to any commencement of activity.

5. Any property altered or harmed will be returned to its previous state and appearance.

6. Any alterations to buildings will be in keeping with the city ordinance which requires the maintenance of a historic character and appearance.

(Ord. 133 § 3, 1998)

A. Liability Insurance. Before a permit is issued, a certificate of insurance will be required in an amount no less than one million dollars ($1,000,000.00) naming the city as co-insured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage. The city officers and employees shall be named as additional insureds. The certificate shall not be subject to cancellation or modification until after thirty (30) days written notification to the city. A copy of the certificate shall be provided prior to approval of the permit and shall remain on file.

B. 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 the permit.

C. Hold Harmless Agreement. Applicant shall execute a hold harmless agreement as provided by the city and incorporated within the permit issued under this chapter.

D. Faithful Performance Bond. To ensure clean up and restoration of the site, applicant will be required to post a refundable faithful performance bond in an amount totaling ten thousand dollars ($10,000.00) per day for each day of operation. Bond must be submitted at time of application. Bond may be returned to applicant after completion of operation and satisfactory inspection of the site by the city.

(Ord. 133 § 4, 1998)

A. Issuing authority is the city. Designated official is the city clerk and/or the mayor.

B. Applications must be completed in full and submitted with all applicable attachments not later than two weeks prior to the scheduled operation. Any missing information or failure to comply with requirements will be reason to deny the application.

C. Fees. A nonrefundable fee of one thousand dollars ($1,000.00) shall be collected at the time application is submitted. Request for a change of date and/or rescheduling of activity must be submitted in writing, with a nonrefundable fee of one hundred dollars ($100.00), no later than ninety-six (96) hours prior to the new date/time and a new seventy-two (72) hour public notice must be given.

D. Reimbursement of Personnel/Operating Costs. Applicant shall reimburse the city of Amador city or other appropriate agency (sheriff, fire, medical, etc.) for any personnel or operating cost associated with assisting the applicant before, during, or after the production. Costs shall be determined and fifty (50) percent of the anticipated costs shall be paid in advance of any activity.

(Ord. 133 § 5, 1998)

Violation of any provision of this chapter or a permit issued pursuant to, will result in immediate cancellation of the permit. Violation of the terms and conditions of this chapter and/or the permit is a misdemeanor.

(Ord. 133 § 6, 1998)