Blue Lake Municipal Code Ch. 5.20 Regulations for Filming

"Charitable films"

means commercials, motion pictures, television, videotapes, or still photography produced by a non-profit 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 and commercials.

"News media"

means the filming or videotaping for the purpose of spontaneous unplanned television news broadcast by reporters, photographers, or camerapersons.

A. Permit Required. No person shall use any public or private property, facility, or residence within the City of Blue Lake 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. The City Clerk shall act on behalf of the City. The City Clerk may designate an alternate to so act.

B. Exemptions.

1. Current News. The provisions of this chapter shall not apply to or affect reporters, photographers, or camerapersons 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. Private Use. The filming or videotaping of motion pictures solely for private family use.

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

B. Rules. The City Council of the City of Blue Lake is authorized and directed to promulgate and amend from time to time by resolution rules and regulations governing the form, time, and location of any such activity to be conducted within the City. The City Council shall also provide for the issuance of permits. The rules and regulations shall be based upon the following criteria:

1. The health, safety, and convenience of all persons;

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

3. The safety of property within the City.

C. Initial Rules. The City Council hereby adopts by reference the "Model Filming Permit Process," a copy of which is marked Exhibit "A," attached to the ordinance codified in this chapter, and incorporated herein by this reference.

A. Issuing Authority. The issuing authority shall be the City, acting by and through the City Clerk.

B. Applications. The following information shall be included in the application:

1. The name of the owner, the address, and the 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 and type of vehicles and equipment to be involved.

C. Fees. The City Council may set a fee from time to time by resolution for the processing of such applications. Unless amended by a subsequent resolution, the initial permit fee shall be in the amount of $175.00.

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

A. Liability Insurance. A certificate of insurance will be required in the amount of $1,000,000.00 naming the City as a co-insured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage before a permit is issued. The City officers and employees shall be named as additional insureds. 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 with the City. Said insurance certificate must be in substantially the form of Exhibit "B," attached to the ordinance codified in this chapter and made a part hereof, or such other form as may be designated from time to time by City Council resolution.

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. Cash Deposit Required. Prior to the issuance of a permit under this chapter, the applicant shall deposit with the City Clerk cash, or a performance bond acceptable in form to the City Attorney, in an amount of 125% of the estimated costs of reimbursement for personnel, cleanup, and restoration of the site, in addition to the fee provided for by this chapter. Upon completion of filming and inspection of the site by the City, any unused portion of said deposit will be returned to the applicant.