Atascadero Municipal Code Ch. 12 Film Ordinance

This chapter shall be known as the "Film Ordinance."

(Ord. 479 § 1, 2005)

The City of Atascadero has a responsibility to its residents and business owners to promote conditions that are beneficial to the health, safety, welfare and prosperity of the entire community. The presence and activities of visual media agents have and do create disruption to what is considered the normal affairs and lifestyle of the City. The control of these conditions is in the best interest of the City and its residents and business owners.

(Ord. 479 § 2, 2005)

As used in this chapter:

"Applicant"

shall mean the person, firm, association, joint venture, joint stock company, partnership, organization, club, company, corporation, business trust or manager, lessee, agent servant, officer or employee, or any of them, except where the context clearly requires a different meaning, applying for a permit to film within the City limits of Atascadero.

"City"

shall mean the City of Atascadero.

"City manager (CM)"

shall mean the chief administrative officer of the City of Atascadero or designated representative.

"City services charges"

shall mean the actual costs which City departments incur in connection with commercial activities for which a permit is required under these regulations, not limited to administration or coordination of services, support personnel, equipment, materials and supplies, related fringe benefits, loss of revenue, etc.

"Commercial"

shall mean any activity intended to generate financial gain, in whole or in part, for the applicants or to advertise products, goods or services.

"Destination marketing organizations"

shall mean filming or videotaping or still photography produced or coordinated by an organization that qualifies under Section 501c(6) of the Internal Revenue Code as a mutual benefit organization for the purpose of tourism and travel promotion.

"Motion picture, television, still photography"

shall mean all activities attendant to staging or shooting commercial motion pictures, television shows or programs, and commercial advertisements or other media displaying images for commercial purposes.

"News media"

shall mean any news organization that photographs, films or videotapes for the purpose of spontaneous, unplanned television news broadcast or reporting for print media by reporters, photographers or cameramen.

"Nonprofit films"

shall mean any commercial, motion picture, television, videotape, or still photography produced by a nonprofit organization, which qualifies under Section 501c(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.

"Private video"

shall mean any filming or videotaping taken solely for personal use.

"Public right-of-way"

shall mean any public access that is open to vehicular, bicycle or pedestrian traffic.

"Special event coordinator"

shall mean a member of City's staff who serves as the point of contact for all filming activities within the City of Atascadero.

"Studio"

shall mean a fixed place of business where filming activities (motion or still photography) are regularly conducted upon the premises.

(Ord. 479 § 3, 2005)

(a) No person shall use any City street, alley, sidewalk, park, right-of-way or other public property owned or controlled by the City for the purpose of taking commercial motion pictures, television shows or programs, and commercial still photography without first applying for and receiving a permit from the City Manager or designee.

(b) Exemptions.

(1) News media: the provisions of this chapter shall not apply to or affect reporters, photographers or cameraman in the employ of a newspaper, news service, or similar entity engaged in on-the-spot print media, publishing or broadcasting of spontaneous breaking news events concerning those persons, scenes or occurrences which are in the news and of general public interest;

(2) Private video: the filming or videotaping of motion pictures solely for personal use;

(3) Charitable films: projects by organizations that qualify under Section 501c(3) of the Internal Revenue Code;

(4) Studio filming: filming activities (motion or still photography) conducted at a studio;

(5) Destination marketing organizations: filming, videotaping or still photography produced or coordinated by organizations that qualify under Section 501c(6) of the Internal Revenue Code as a mutual benefit organization for the purpose of tourism and travel promotion.

(Ord. 479 § 4, 2005)

The City Manager is hereby authorized to establish conditions for the issuance of such permits and to adopt rules and regulations for activities conducted pursuant to such permits. Such rules and regulations for activities shall be approved by resolution of the City Council, but the City Manager is authorized to adopt temporary rules and regulations for a period not to exceed 30 days.

(Ord. 479 § 5, 2005)

(a) Issuing Authority. The issuing authority shall be the City Manager or designee.

(b) Applications. The following information shall be included in the application:

(1) The name of the owner, the address and telephone number of the location(s) at which the activity is to be conducted;

(2) The specific location at such address or place;

(3) The inclusive hours and dates such activity will transpire;

(4) A general statement of the character or nature of the proposed filming activity;

(5) The name, address and telephone number of the person or persons in charge of such filming activity;

(6) The exact number of personnel to be involved;

(7) Use of any animals or pyrotechnics;

(8) The exact amount/type of vehicles/equipment to be involved; and

(9) Use of public right-of-way.

(c) Application Fee. An application fee, payable to the City of Atascadero, is due with the completed application if required.

(d) Reimbursement for Personnel. The production company shall reimburse the City for any personnel provided to the company (i.e., police, public works, fire, traffic, parks and recreation) for the purpose of assisting the production at the City's current billable labor rate.

(e) Reimbursement for Damage and/or Destruction. If City property is destroyed or damaged by reason of applicant's use, event or activity, the applicant shall reimburse the City for the actual replacement or repair cost of the destroyed or damaged property.

(f) Other Fees. Other City fees to be charged to the applicant, as deemed appropriate and as set by council resolution.

(g) Investigation and Action on Application. Upon receipt of a completed application and payment of the application and all other fees, as deemed appropriate and as set by council resolution, the City shall stamp the application as received and promptly investigate the information in the application to determine whether the application is complete and whether the applicant shall be issued a permit.

(1) Within two business days of receipt, the City shall determine whether or not the application is complete. If the application is not complete, the City shall promptly notify the applicant of that fact. The time period for granting or denying a permit shall be stayed during the period in which the application is incomplete.

(2) Within two business days of receipt of the competed application, the City's designee shall complete the investigation, grant or deny the application, and date and sign such notation. If the application is denied, the City's designee shall attach to the application a statement of reasons for denial.

(Ord. 479 § 6, 2005)

(a) A permit shall contain the information given in the application and shall impose reasonable time, place, and manner conditions such that the filming will not pose a traffic or safety hazard, or unreasonably interfere with fire or police protection services. The conditions imposed shall be in conformity with the requirements of this chapter and shall provide only for such modification of the applicant's proposed filming as is necessary to achieve compliance with this chapter. Such conditions may include requiring the applicant to:

(1) Maintain a twelve(12) foot wide emergency access lane at all times;

(2) Provide first aid stations and teams within any closed-off area to provide emergency medical aid to participants;

(3) Provide barricades to close off the necessary streets;

(4) Provide sufficient signs and directional arrows to divert traffic and arrange for public transit detours, subject to the approval of the City Engineer;

(5) Provide monitors for crowd control and security, and establish liaison with the Police Department concerning the role of the monitors;

(6) Distribute flyers throughout the surrounding area in advance of the filming notifying the affected residents and business people of the filming, and any street closure;

(7) Clean all debris and litter from the street and sidewalk area within four hours after the conclusion of the filming;

(8) Work cooperatively with City administration, police and fire officials; and

(9) Obey all applicable posting and notice requirements, local, State and Federal laws.

(b) The permit shall specify the location and duration of parking that will be permitted for vehicles associated with the filming. All vehicles associated with the filming shall bear a placard in the front window, and shall not be entitled to parking pursuant to the film permit unless they do so.

(c) City staff will assist applicant in meeting the conditions imposed by this section.

(d) Applicants shall carry the permit during the filming and show it, upon demand, to any member of any City department.

(Ord. 479 § 7, 2005)

(a) All applicants shall provide acknowledgement to the City for assistance it provided in the making of the film.

(b) No City insignia, uniform, vehicle or personnel identified or identifiable as such may be used or filmed without the express written consent of the City. Issuance of a permit does not constitute such consent.

(Ord. 479 § 8, 2005)

(a) An applicant may appeal the denial of an application made pursuant to this chapter to the City Council by filing a notice of appeal with the City Clerk within 10 days after receipt of the notice of denial by the applicant. The City Clerk shall set the appeal for hearing by the City Council at its next regularly scheduled meeting, subject to notice and agenda requirements. Upon such appeal, the Council may reverse, affirm or modify in any regard the determination of the City Manager or designee, in conformity with this chapter, and the City Manager or designee shall act in conformity with the decision of the City Council.

(b) In the case of a late application or revocation, or if the City Council does not meet before the event is proposed to be held, any decision by a designee of the City Manager shall be reviewed by the City Manager, whose decision shall be final. If the initial decision was by the City Manager, it shall be final.

(c) Prompt Judicial Review. After denial of an application or revocation of a permit, the applicant or permittee may seek prompt review of such administrative action from the Superior Court pursuant to California Code of Civil Procedure Section 1094.8.

(Ord. 479 § 9, 2005)

(a) The City may revoke a filming permit at any time if:

(1) An emergency arises making it impossible to assign sufficient or appropriate personnel to the filming activity to protect public safety;

(2) Information is obtained after the filming permit is issued from which it may be reasonably concluded that the permit should have been denied;

(3) The applicant fails to meet the conditions required by the filming permit.

(b) If the City revokes a filming permit, the applicant shall be informed in writing of the grounds for revocation. The applicant may appeal the decision to the City Council within 10 days unless the cause of the revocation is an emergency and there is insufficient time available to present or schedule an appeal. In such a case, the applicant shall schedule a personal meeting with the City Manager, or in his or her absence a designee, to discuss the circumstances.

(Ord. 479 § 10, 2005)

(a) Liability Insurance. Before a permit is issued, a certificate of insurance will be required in an amount to be determined by the Administrative Services Director (minimum of one million dollars ($1,000,000.00) naming the City of Atascadero as an "additional insured" and a policy endorsement for protection against claims of third persons for personal injuries, wrongful deaths, and property damage. The City officers, agents, and employees shall be named as "additional insured." The endorsement shall not be subject to cancellation or modification without 30 days' written notice to the City. A copy of the certificate and endorsement will 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 a permit.

(c) 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.

(d) 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. 479 § 11, 2005)

If an applicant violates any provisions of this chapter or a permit issued pursuant thereto, the City may revoke the permit. A violation of this chapter or the terms and conditions of a film permit issued pursuant to this chapter is a misdemeanor.

(Ord. 479 § 12, 2005)

If any section, sentence, subsection, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of the court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council of the City of Atascadero hereby declares that it would have passed this chapter, any sections, sentences, subsections, clause or phrase thereof irrespective of the fact that any one or more sections, sentences, subsections, clause or phrase may be declared invalid or unconstitutional.

(Ord. 479 § 13, 2005)