Beaumont Municipal Code Ch. 5.38 Filming Permits

For the purposes of this Chapter, the following words shall have the meanings set out in this Chapter.

"Charitable films" shall mean 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 photograph" shall mean and include all activity attendant to staging or shooting commercial motion pictures, television shows or programs, and commercials.

"News media" shall mean the filming or videotaping for the purpose of spontaneous, unplanned television news broadcast by reporters, photographers or cameramen.

(Ord. 681 §1, 1990).

A. Permit required. No person shall use any public or private property facility or residence 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 Officer designated by the City.

Exemptions:

1. News Media: The provisions of this Chapter shall not apply to or affect reporters, photographers or cameramen in the employ of a newspaper, news service, or similar entity engaged in on-the-spot broadcasting of news events concerning those persons, scenes or occurrences which are in the news and of general public interest.

2. The filming or video taping of motion pictures solely for private-family use.

3. Charitable Films: Projects which qualify under Section 501(c)(3) of the Internal Revenue Code.

(Ord. 681 §1, 1990)

A. Change of Date: Upon the request of the applicant, the issuing authority shall have the power, upon a showing of good cause, to change the date for which the permit has been issued provided establish limitations are complied with in respect to time and location.

B. Rules: The designated City Officer is hereby authorized and directed to promulgate rules and regulations, subject to approval by resolution of the Council, governing the form, time and location of any film activity set forth within the City. He shall also provide for the issuance of permits. The rules and regulations shall be based upon the following criteria:

1. The health and safety of all persons;

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

3. The safety of property within the City; and

4. Traffic congestion at particular locations within the City.

(Ord. 681 §1, 1990)

A. Issuing Authority: The issuing authority shall be the City Manager or his 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 place 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; and

8. The exact amount/type of vehicles/equipment to be involved.

C. Use Fees: are required.

D. Reimbursement for Personnel: The production company shall reimburse the City for any personnel provided to the company (i.e., police, fire, traffic) for the purpose of assisting the production.

(Ord. 681 §1, 1990)

A. Application and permit fee: $75.00.

B. Use of City personnel and equipment for traffic control, closure of streets, and any other assistance needed. A deposit may be required, based on activity, if actual cost cannot be determined at start of filming: Actual cost.

(Ord. 681 §1, 1990)

A. Liability Insurance: Before a permit is issued, a certificate of insurance will be required in an amount not exceeding $1,000,000.00 naming the City as a coinsured 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 insured. The certificate shall not be subject to cancellation or modification until after 30 days' written notice to the City. A copy of the certificate will remain on file.

B. Workers' Compensation Insurance: An applicant shall conform to all applicable Federal and State requirements for Workers' Compensation Insurance for all persons operating under a permit.

C. 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 based on the activity) at the time application is submitted. Upon completion of filming and inspection of the site by the City, the bond may be returned to the applicant.

(Ord. 681 §1, 1990)

If an applicant violates any provision of this Ordinance or a permit issued pursuant thereto, the City may cancel the permit. Violation of the terms and conditions of the film permit is considered a misdemeanor.

(Ord. 681 §1, 1990)