Chapter 9.78 — FILMING IN STREETS AND PARKS

Sections: 9.78.010 Permit required. 9.78.020 Definitions. 9.78.030 Filming permits--Application--Information required. 9.78.040 Late application. 9.78.050 Permits--Standards for issuance or denial--Notification. 9.78.060 Appeal procedure following denial or late filing of application. 9.78.070 Permit--Content and possession. 9.78.080 Acknowledgment--Use of City insignia. 9.78.090 Revocation of permit. 9.78.100 Indemnification. 9.78.110 Insurance--Exemption. 9.78.120 Fees. 9.78.130 Violation--Penalty.

No person shall conduct, cause to be conducted, participate in, engage in, hold, manage, employ, permit or allow another to conduct any commercial for profit filming in any park, or on any public street, sidewalk, alley or sidewalk within the City in a manner which requires either street closure or other traffic control measures or measures affecting pedestrian circulation, without first obtaining a permit from the City Manager or their designated representative, or, as hereinafter provided, from the City Council. (Ord. 6425-NS § 1, 1998)

A. "Filming" means all activity attendant to staging or shooting, for commercial for profit purposes, photographs, motion pictures, television programs, commercials or music videos, except for news media purposes, use in a criminal investigation, or civil or criminal court proceeding or for private or family use, to the extent that it takes place on public property.

B. "Major streets" and "collector streets" means those streets defined as such in the circulation element of the Berkeley general plan.

C. "News media purposes" means the recording of news events by reporters, photographers, or camera persons, employed by, or contracting with, a newspaper, news service, or other similar news entity that reports on persons, events, or scene with the purpose of informing the public.

D. "Park" means any City-owned or managed park, picnic area, playground or open space. (Ord. 6425-NS § 2, 1998)

A. Application for a permit for filming shall be made to the City Manager or their designee.

B. Applications for the following types of filming shall be made at least seven business days prior to the filming:

1. Filming that involves the use of pyrotechnics; and

2. Filming that involves the closure or partial closure of major or collector streets and/or the re-routing of
public transportation.

C. Applications for filming that involves closure or partial closure of any other type of street shall be made at least three business days prior to the filming.

D. Applications for all other filming shall be made at least two business days prior to the filming.

E. The application for such permit shall be made in writing on a form approved by the City. In order that adequate arrangements may be made for the proper policing of the filming, the application shall contain the following information, as applicable:

1. The name, address and telephone number of the applicant. If the filming will be conducted for, on behalf of or by an organization, the name, address and telephone number of the headquarters of the organization, and of the authorized head of such organization;

2. The name, address, and telephone number of the person who will be responsible for the conduct of the filming;

3. A description of the filming, including its purpose, the shooting script and location schedule. This requirement is intended to allow the City to anticipate and provide for additional police services, if necessary, to protect the safety of event and filming participants and bystanders;

4. The date(s) of the filming;

5. The estimated times that the filming will start and terminate, including assembly and disassembly involving the use of public property;

6. The route of the filming, if applicable;

7. As far as is reasonably practicable, the approximate number of persons; the number and kind of vehicles, including aircraft and watercraft, animals, musical instruments, sound units, and any other equipment that produces sound or noise during the filming that will be involved in the filming;

8. The number and type of vehicles for which parking will be needed, and the location and duration of such parking;

9. A statement whether the filming will occupy all or only a portion of the streets proposed to be traveled, if applicable;

10. The number and location of food service and sanitation facilities and other equipment and services necessary to conduct the filming with due regard for public health and safety, if applicable;

11. Provisions for first aid or emergency medical services, or both, if applicable;

12. Insurance and surety bond information, if applicable;

13. Such other information, in conformity with the requirements of this chapter, as the City Manager may reasonably require. (Ord. 6425-NS § 3, 1998)

A. Any application received after the deadlines established in Section 9.78.030 is a late application. The City Manager or their designee shall not accept late applications unless they find that:

1. The proposed filming is in response to an occurrence whose timing did not reasonably allow the applicant to file a timely application; and

2. The imposition of the time limitations would place an unreasonable restriction on the free speech rights of the applicant.

B. When the City Manager or their designee finds both of the above conditions to exist, they shall grant the application unless it does not meet the criteria set forth in this chapter or there is insufficient time for the City to make necessary preparations for traffic control or other public safety matters prior to the proposed date. (Ord. 6425-NS § 4, 1998)

A. The City Manager or their designee shall issue a permit for filming unless one or more of the following conditions exist:

1. The application is incomplete for failure to provide the information required by Section 9.78.040.

2. The information contained in the application, including supplemental information, if any, is found to be false in any material respect, the purpose of the filming is contrary to law, and/or the applicant has failed to meet the City requirements for a permit.

3. A prior application for filming or other event (such as a parade or assembly) to be held at the same time and place has been granted.

4. The filming will unduly interfere with vehicular ingress to, egress from, or travel on a freeway, state designated highway, or major arterial or collector street of the City.

5. The filming will unreasonably interfere with fire or police protection, or public safety, including presenting a substantial or unwarranted traffic or safety hazard.

B. 1. No filming shall be permitted between ten p.m. and eight a.m. in areas of the City zoned for residential use, unless the City Manager or their designee determines that the filming would not result in undue light or glare, or noise in excess of the ambient levels during those hours.

2. No filming shall be permitted in areas of the City zoned for commercial use between the hours of six- thirty a.m. to nine-thirty a.m. and three-thirty p.m. to six-thirty p.m. unless the City Manager or their designee determines, after consultation with the traffic engineer and transportation planner that the proposed filming would not have any unreasonable adverse impacts on traffic or parking.

C. The applicant shall be notified in writing of the action of the City Manager or their designee in granting or denying the permit at least one day prior to the date of the proposed filming unless the application was made late, in which case notification shall be given as soon as reasonably possible and by any reasonable means.

1. If the permit is denied, the written notice shall set forth reasons explaining the denial.

2. If the permit is denied pursuant to the criteria set forth in this chapter, because the proposed time or
route, are unacceptable, the denial shall contain a statement of alternative acceptable times and routes. (Ord.
6425-NS § 5, 1998)

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 five days after receipt of the notice of denial by the applicant. The City Clerk shall set the appeal for hearing by the Council at its next meeting, subject to compliance with the notice and agenda requirements. Upon such appeal, the council may reverse, affirm or modify in any regard the determination of the City Manager or their designee, in conformity with this chapter and the City Manager or their designee shall act in conformity with the decision of the Council.

B. In the case of a late application or a revocation, or if the City Council cannot be convened 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. (Ord. 6425-NS § 6, 1998)

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 application’s proposed filming as is necessary to achieve compliance with this chapter. Such conditions may include requiring the applicant to:

1. Maintain a twelve-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 A.C. Transit and other
public transit detours, subject to the approval of the traffic 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 areas 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. Obey all applicable local, state and federal laws, including but not limited to the requirement for a sound
permit under Chapter 13.40 of the Berkeley Municipal Code.

B. The permit shall specify the location and duration of parking that will be permitted for vehicles associated with the filming, and issuance of the permit will authorize such parking at no cost to the applicant beyond the fee set forth by the City Council pursuant to Section 9.78.120. 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 applicants in meeting the conditions imposed by this section.

D. Applicants shall carry the permit during the filming and shall show it, upon demand, to any member of any City department. (Ord. 6425-NS § 7, 1998)

A. The film makers shall provide acknowledgment 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. The issuance of a film permit does not constitute such consent. (Ord. 6425-NS § 8, 1998)

The City Manager or their designee shall have the authority to revoke a permit, in conformity with the criteria articulated in this chapter if they determine that any condition of the permit has not been met or is being violated. The applicant may appeal any revocation as provided in Section 9.78.060. (Ord. 6425-NS § 9, 1998)

A. The permit holder shall indemnify and hold harmless the City, its officers, agents and employees, from any and all claims, causes of action, penalties, losses, expenses (including reasonable attorneys’ fees) and any other liability for injuries or damage to persons or property resulting from the filming which were caused by the omissions or authorized acts of the permittee’s officers, agents or employees.

B. If City property is destroyed or damaged by reasons of permittee’s use, event or activity, the permittee shall reimburse the City for the actual replacement or repair cost of the destroyed property. (Ord. 6425-NS § 10, 1998)

A. If the filming involves one or more of the following conditions, the permittee must obtain insurance in the amount of one million dollars for the duration of the event, which names the City, its officers, agents and employees as additional insured:

1. Closure of major arterial or collector City streets, as defined in the City general plan;

2. An anticipated crowd in excess of one thousand people;

3. A street closure anticipated to have a major effect on the flow of traffic in the area; i.e., closure of two or
more intersections and rerouting of A.C. Transit or other public transportation.

B. If the filming involves any activity or vehicle, including, but not limited to, stunts, aircraft, watercraft or pyrotechnics, which poses a potential threat to the public or property, the permittee must obtain insurance in an amount determined by the City’s risk manager for the duration of the event, which names the City, its officers, agents and employees as additional insured.

C. No permit applicant shall be required to comply with the insurance requirement of this section if the activity proposed is protected by the First Amendment to the United States Constitution and the applicant produces evidence that complying with the insurance provision is impossible or so financially burdensome that it would preclude the proposed filming from occurring.

D. If insurance is required pursuant to this section, a certificate of insurance shall be provided to the City and must be approved as to form and sufficiency by the City Attorney no later than one business day before the event. If the applicant is unable to obtain insurance or does not provide the City with the certificate of insurance, the City Manager or their designee may obtain such insurance on behalf of the permit applicant and charge the permit applicant for the cost. If no insurance is provided, the permit may not be exercised. (Ord. 6425-NS § 11, 1998)

A. The City Council may establish by resolution the fees that shall be charged for permits issued under this chapter, including fees for any special parking authorizations that may be granted by a film permit.

B. If a permittee is unable to hold or conduct filming because of inclement weather or due to some other cause not within the permittee’s control, and the permittee submits written request for the refund of such fees to the City Manager’s office within ten business days after the date that the event was to have been held or conducted, the City Manager may authorize the refund of the fees, or a pro rata portion thereof, except for nonrefundable application fees, if any.

C. Any indigent person who cannot apply for a permit because of an inability arising from such indigence to pay the application fee, shall not be required to pay the fee. Applications for indigent status shall be made upon application for the permit and shall be accompanied by such relevant information and documentation as is reasonably necessary to verify indigence. (Ord. 6425-NS § 12, 1998)

Any person violating any of the provisions of this chapter shall be punishable as set forth in Chapter 1.20 of the Berkeley Municipal Code. (Ord. 6425-NS § 13, 1998)