Chapter 10A — FILMING

The purpose of this chapter is to provide rules governing the issuance of filming permits for motion picture production, television production and commercial still photography on location within the city. The intent of this chapter is to ensure that commercial still photographers and motion picture, television and filming companies will be encouraged to use locations for filming activities within the city so long as those activities are consistent with public safety and the protection of property.

(Ord. No. 448, § 1, 7-7-2009)

For the purposes of this chapter, the words set out in this section shall have the following meanings:

A.

"City manager" means the City Manager of the City of Colusa or his or her designee.

B.

"Charitable filming" means all filming produced by a nonprofit organization, which qualifies under Section 501(c)(3) of the Internal Revenue Code as a nonprofit or charitable organization, and from which no profit is made.

C.

"Commercial still photography" means photography by a photographer for profit, who uses public property and impedes the use of the public property by others with props and/or other equipment.

D.

"Days" means business days.

E.

"Filming" or "filming activity" means all activity associated with the staging, shooting, or videotaping of motion pictures, television series or programs, television movies, commercials, or any other recording of motion on film or tape as well as all activity involved in the conduct of commercial still photography. "Filming activity" includes student filming, charitable filming, and news media filming.

F.

"News media filming" means all filming conducted for the purposes of broadcast by news and media reporters.

G.

"Permit" means the filming permit issued pursuant to this chapter authorizing the filming activity described in the permit.

H.

"Services charge" means the actual costs that the city incurs in connection with filming activities subject to a permit, including, but not limited to, costs associated with fire safety, traffic and pedestrian control, the closure of any street, sidewalk, alley or other public way, the diverting of traffic, administration or coordination of city services, providing notice of filming activities to residents and merchants and the provision of support personnel, equipment, materials and supplies.

I.

"Student filming" means all filming produced by a student of a public or private educational institution to satisfy a course or curriculum requirement, and from which no profit is made.

J.

"Studio" means a fixed place of business where filming activities are regularly conducted on the premises.

(Ord. No. 448, § 1, 7-7-2009)

It is unlawful for any person to conduct or cause to be conducted, knowingly participate or engage in filming activity in city unless a written permit for such filming activity has been issued and applicable fees have been paid pursuant to this chapter.

(Ord. No. 448, § 1, 7-7-2009)

The following activities are exempt from the permit requirement set forth in Section 10A-3:

A.

News media filming;

B.

Charitable filming;

C.

Student filming;

D.

Persons engaged in filming activity solely for personal and private noncommercial use;

E.

Studio filming;

F.

A government agency acting within the scope of its functions.

The exemption for studio filming shall not relieve any such person or entity from complying with any applicable provisions of the Colusa City Code, including provisions related to zoning regulations and business licenses.

(Ord. No. 448, § 1, 7-7-2009)

It shall be the duty of the chief of police or his or her designee to enforce the provisions of this chapter.

(Ord. No. 448, § 1, 7-7-2009)

The applicant for a permit under this chapter must register and obtain a permit from the city manager.

(Ord. No. 448, § 1, 7-7-2009)

A.

Place and time for filing. Applications shall be filed with the city manager. The deadline for filing an application for a permit under this chapter shall be as follows:

When the filming will not encroach on or block any streets or involve the use of any pyrotechnics, the application shall be filed not less than one business day, nor more than one year, before the proposed date of the Filming.

When the filming activity will encroach on or block any streets for less than 8 hours, but will not involve the use of any pyrotechnics, the application shall be filed not less than two business days, nor more than one year, before the proposed date of the filming.

When the filming activity will encroach on or block any street for eight hours or more, or will involve the use of any pyrotechnics, the application shall be filed not less than five business days, nor more than one year, before the proposed date of the filming.

B.

Form and Contents. Applicants for permits under this chapter must file an application in writing on a form to be furnished by the city manager, which shall set forth the following information:

The name, email address, home and business addresses, and home, business, mobile and fax telephone numbers, if available, of the applicant;

If the filming is to be conducted by or on behalf of an organization or entity, the name, address and telephone number of the organization/entity, and the name, business address and business telephone number of the president or other head of the organization/entity, and documentation of the authority under which the applicant is applying for the permit on behalf of the organization/entity;

The proposed date(s) and time(s) of the filming;

A site-plan detailing the proposed location(s) of the filming;

If the filming, or any portion thereof, is to occur on private property, applicant shall provide evidence of written consent of the property owner and/or lessee of the subject property;

A description of the activities proposed for filming, including any activity that would affect the use of the public property;

The estimated number of persons who will serve as cast and crew to the Filming;

The type and estimated number of vehicles that will be used in the filming as well as any temporary structures that will be built as part of the Filming;

A statement as to whether the filming will occupy all or only a portion of the width of any street, sidewalk, alley, or other public way proposed to be used;

A statement regarding any proposed use of a generator(s), pyrotechnics, animals, chemicals, or fire; and

Any additional information that the city manager shall find reasonably necessary to make a fair determination of the regulation and conduct of such filming.

C.

Application Fee. All permit applications shall be submitted with payment of a nonrefundable fee established by resolution of the city council. Any application submitted without the application fee shall be deemed incomplete.

(Ord. No. 448, § 1, 7-7-2009)

A.

Review by City Departments. Upon the filing of a complete application for a filming permit, the city manager shall forward the application to the chief of police, the fire chief, the planning director and the public works administrator for purposes of review and estimation of service charges pursuant to Section 10A-10, if any.

B.

Action on Permit Application. Upon receipt of a completed application within the time limits described in Section 10A-7, the city manager shall approve, approve with conditions, or deny an application for a filming permit prior to the proposed commencement of filming. The permit shall be denied if the city manager determines that any of the following conditions exist:

The filming will interfere with the operation of emergency vehicles in the proposed permit area, or will unreasonably block, impede or disrupt a public street, sidewalk or right of way.

The location of the filming will substantially interfere with street maintenance work or other type of public works project.

The proposed permit location is on city-owned property and the filming will substantially interfere with municipal functions or other previously authorized activities on city property.

The filming creates a substantial risk of injury to persons or property.

The applicant failed to completely fill out the permit application, or the information contained in the application is found to be false in any material detail.

The filming would violate federal, state or local law including license or permit requirements.

The filming would create a substantial adverse impact on businesses.

The filming would create a substantial adverse impact on the public health and safety.

When the grounds for permit denial can be corrected by imposing reasonable permit conditions, the city manager may impose such conditions rather than deny the permit.

C.

Notice of Permit Issuance. Immediately upon the issuance of a filming permit, the city manager shall send a copy thereof to the following:

The applicant;

The chief of police;

The fire chief;

The public works administrator;

The planning director; and

Members of any committee or commission established to promote or regulate filming in city.

D.

Notice of Permit Denial. If a permit application is denied pursuant to Section 10A-8 B., the director of economic development shall provide the applicant with written notice of denial, which must contain:

A statement of the facts upon which the denial is based;

Alternative filming parameters that may be acceptable, such as a different date, time, location, or conditions that may cure the basis for denial; and

A statement of the appeal procedure set forth in Section 10A-14.

E.

Change of Date. Upon notice by the permittee in advance of the scheduled filming date and upon a showing of good cause, the city manager may, at his or her discretion, change the date or location for which the film permit has been issued without requiring a new application, or a new application fee, provided permittee complies with all other terms and conditions of the permit.

(Ord. No. 448, § 1, 7-7-2009)

All residents and merchants within a two-hundred-foot radius of the filming location shall receive notice of the filming at least twenty-four hours prior to the commencement of filming or as soon thereafter as possible.

(Ord. No. 448, § 1, 7-7-2009)

A.

In addition to the permit application fee set forth in Section 10A-7 C., an applicant shall pay a service charge to the city to compensate it for all expenses incurred by the city in connection with, or due to, the filming activities under the permit, if any. If city property is damaged or destroyed as a result of the filming, the permit holder shall reimburse the city for the actual repair or replacement costs of the damaged or destroyed property.

B.

Following the receipt of a complete application, the city manager shall determine, with recommendations from the chief of police, the fire chief, the planning director and the public works administrator, the estimated amount of service charges, if any. Prior to issuance of the filming permit, the applicant shall pay to the city a cash deposit, or other adequate security as determined by the city manager, in an amount sufficient to cover the total service charges that the city manager estimates will be incurred in connection with the permit, if any.

C.

If, during the course of permitted filming, expenses incurred by the city in connection with, or due to, the filming activities exceed the service charge paid by an applicant pursuant to Section 10A-10 B., city may require an additional cash deposit, or other security as determined by the city manager, to cover city's pending actual and future estimated expenses in connection with filming activities under the permit ("supplemental service charge"). Permit holder shall pay any supplemental service charges within thirty calendar days after receiving written notice from city.

D.

City departments shall submit the final invoices and billings for the service charge to the finance director no later than twenty calendar days after the permitted filming. If the deposit(s) submitted pursuant to Sections 10A-10 B. and 10A-10 C. is less than the final service charges, the permit holder shall pay the difference to the city within thirty calendar days of being invoiced for such charges by the city. If the deposit is more than the final service charges, the city shall refund the difference to the permit holder within thirty calendar days after receiving written notice from the permit holder that filming is completed.

(Ord. No. 448, § 1, 7-7-2009)

A.

Indemnification Agreement. An applicant shall execute a hold harmless agreement, in a form approved by the city, to defend, protect, indemnify and hold the city, its officers, employees, agents, and volunteers free and harmless from and against any and all claims, damages, expenses, loss or liability of any kind or nature whatsoever arising out of, or resulting from, the alleged acts or omissions of the permit holder, its officers, agents or employees in connection with the permitted filming. This indemnification agreement shall be executed prior to the issuance of the permit.

B.

Insurance. An applicant shall obtain insurance policies of the type and in the amount required by the city manager prior to issuance of a permit, including but not limited to the following minimum requirements:

a.

An applicant shall obtain comprehensive general liability insurance prior to the issuance of the permit in an amount of at least $1,000,000 per occurrence combined single limit for personal injuries, wrongful death and property damage.

b.

If the applicant intends to use vehicles in activities associated with the permit, the applicant shall obtain automobile liability insurance in an amount of at least $1,000,000 per occurrence.

c.

An applicant shall obtain worker's compensation insurance pursuant to applicable laws.

Such insurance shall be from an insurer and in a form approved by the city manager, with preference given to companies licensed to do business in the state of California and having an A.M. Best Rating of at least "A:VII". City reserves the right to modify these requirements, including limits and types of insurance, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Proof of insurance shall be filed with the city manager and such insurance shall remain in full force and effect for the duration of the permitted filming.

All insurance policies shall include an endorsement naming city, its officers, agents, employees and volunteers as additional insureds. The endorsement shall not be subject to cancellation or modification until after thirty days written notice is given to city.

C.

Faithful Performance Bond. To ensure cleanup and restoration of the filming site, an applicant may be required to post a refundable faithful performance bond, in an amount satisfactory to city, prior to issuance of a permit. Upon completion of filming activities and inspection of the site to city's satisfaction, the bond may be returned to the applicant.

(Ord. No. 448, § 1, 7-7-2009)

A Permit holder shall comply with the following:

A.

The permit holder and all persons involved in the filming shall comply with all permit conditions, and with all applicable laws and ordinances.

B.

The permit holder shall maintain the filming permit and any other permit required by the provisions of the Colusa City Code throughout the filming, and shall produce the permit upon the request of any city official.

C.

Permits may not be sold, assigned, or otherwise transferred without city's prior written approval.

D.

The permit holder shall clean and restore all public property utilized during filming to pre-filming condition, unless approved in advance by city in writing.

E.

The permit holder shall ensure that the production credits of any motion picture, television series or program, television movie or other commercial filming activity conducted in city is identified as filmed in whole or in part in the City of Colusa, California.

(Ord. No. 448, § 1, 7-7-2009)

Permits issued pursuant to this chapter may be revoked by the city manager for failure to comply with the provisions of this chapter, failure to comply with any permit terms and conditions, or at any time the city manager learns that the permit application contains false or misleading information. City's authority to revoke a permit pursuant to this section shall be in addition to any other remedies available to city under the City Code and applicable laws.

(Ord. No. 448, § 1, 7-7-2009)

Any person excepting to the denial or revocation of a permit under this chapter shall have the right, within five calendar days after receiving notice in writing of the denial or revocation, to file a written appeal with the city clerk. Such appeal shall set forth the specific grounds upon which it is based. The city council shall hold a hearing on the appeal within thirty days after its receipt by the city, or at a time thereafter agreed upon and shall cause the appellant to be given at least five calendar days written notice of such hearing. At the hearing the appellant or its authorized representative shall have the right to present evidence and a written or oral argument, or both, in support of the appeal. The determination of the city council on appeal shall be final.

(Ord. No. 448, § 1, 7-7-2009)

A.

No person shall unreasonably hamper, obstruct, impede or interfere with any permitted filming.

B.

The chief of police shall have the authority, when necessary for the safety and protection of persons engaged in or observing the filming, to prohibit or restrict the parking of vehicles along the street or part thereof, which shall be used in the filming. The chief of police or his or her designee may post signs to such effect and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof.

(Ord. No. 448, § 1, 7-7-2009)

Any violation of the provisions of this chapter shall be punished in accordance with Section 1-7 of the Colusa City Code.

(Ord. No. 448, § 1, 7-7-2009)