Corte Madera Municipal Code Ch. 9.44 Commercial Still Photography, Motion Picture and Television Production

This chapter shall be known as the "Corte Madera filming activities ordinance."

(Ord. 752 § 1 (part), 1988)

It is the purpose of this chapter to provide rules governing the issuance of permits for filming activities on location within the town. The intent of this chapter is to ensure that still photographers, motion picture, television, commercial and nontheatrical filming companies will conduct filming activities consistent with the public safety and the protection of property.

(Ord. 752 § 1 (part), 1988)

(a) "Charitable filming activity" means a filming activity conducted or produced by a nonprofit organization/corporation which qualifies under Section 501(c) (3) of the Internal Revenue Code as a charitable organization/corporation.

(b) "Chief of police" means the chief of police of the police department or his designee.

(c) "Filming activity" means the staging, shooting, filming, videotaping, photographing or other similar process conducted for the making of still photographs, motion picture, television programs, commercial and nontheatrical film productions.

(d) "Filming activity coordinator" means such public official designated by the town manager to issue film permits within the town.

(e) "Film permit" means written authorization from the filming activity coordinator to conduct the filming activity described in the permit.

(f) "Location manager" means the person in charge at the location of the filming activity within the town associated with the permittee.

(g) "News purposes" mean filming activity conducted for the purpose of reporting on persons, events or scenes which are in the news for newspapers, television news services and other news media.

(h) "Permittee" means the person, organization, corporation, association or other entity issued a film permit under this chapter.

(i) "Police department" means the Twin Cities police authority or such successor agency charged with the function of providing police services to the town.

(j) "Public street" has the same meaning as defined in Section 12.04.010 of this code.

(k) "Town manager" means the town manager of the town or his designee.

(l) "Still photography" means and includes all activity attendant to staging or shooting commercial still photographs.

(m) "Student filming activity" means a filming activity conducted to fulfill a course requirement by a student enrolled at a public school, private school registered with the state, school within the California State University System or University of California.

(n) "Studio" means a fixed place of business where filming activities are regularly conducted upon the premises.

(Ord. 752 § 1 (part), 1988)

It is unlawful to conduct a filming activity as defined in Section 9.44.030(c) within the town without first obtaining a film permit from the filming activity coordinator. The film permit is not transferable without the written authorization of the filming activity coordinator.

(Ord. 752 § 1 (part), 1988)

The provisions of this chapter shall not apply to any of the following activities; provided, that the activity will not require the closure of a public street, or substantially impede vehicular traffic thereon:

(a) Filming activities conducted for news purposes as defined in Section 9.44.030(g);

(b) Filming activities conducted in a studio as defined in Section 9.44.030(n);

(c) Filming activities conducted for use in a criminal investigation or civil or criminal court proceedings;

(d) Noncommercial filming activities conducted solely for private or family use;

(e) Commercial still photography and the staging thereof when the following conditions apply:

(1) The still photography will not be conducted on town property,

(2) The still photography, or staging thereof, will not require the parking of more than two motor vehicles on any public street within the town. Such vehicles shall not exceed a maximum gross weight of three tons each;

(f) A commercial nonstaged filming activity conducted by a single individual, when the following conditions apply:

(1) The filming activity will not be conducted on town property or require the parking of more than one motor vehicle, not exceeding a maximum gross weight of three tons, on a public street,

(2) The filming activity will not be conducted on private property without the consent of the owner thereof or require artificial lighting outdoors.

(Ord. 752 § 1 (part), 1988)

Applications for a film permit must be filed with the filming activity coordinator a minimum of ten business days in advance of the date upon which the filming activity would begin. Upon a showing of good cause, the filming activity coordinator may consider applications which are filed after the filing deadline if there is sufficient time to process and investigate the application, and prepare for the filming activity.

(Ord. 752 § 1 (part), 1988)

The permit application shall be on a form furnished by the filming activity coordinator signed by the applicant or authorized agent thereof. Such form shall request the following information:

(1) Name, business address, and telephone number of the applicant and location manager;

(2) Location(s) and approximate daily call times of proposed filming activity;

(3) General description of scenes to be filmed, including the details of any filming activity employing explosives, the use of lighting, open flame or pyrotechnical effects, animal stunts, filming of moving motor vehicles, watercraft, or aircraft;

(4) Description of the types and number of motor vehicles which will be parked on public streets, and description of any equipment to be placed on public property;

(5) Proof of permission to film on private property within the town. If such proof is not available at the time application is submitted, it can be subsequently filed by the applicant prior to the town's issuance of the film permit;

(6) Such other information as the filming activity coordinator may require to determine whether to grant a film permit under this chapter.

(Ord. 752 § 1 (part), 1988)

(a) The application shall be approved/denied within five business days of receipt of the application. The film permit shall be approved by the filming activity coordinator unless he determines from consideration of the application or other pertinent information, that any of the following conditions exist:

(1) The filming activity will disrupt the use of a public street, unless a street closure has been authorized under Section 9.44.160;

(2) The location of the filming activity will interfere with street maintenance work, or a previously authorized excavation permit;

(3) The proposed permit location is on town property and the filming activity will interfere with municipal functions, the scheduled maintenance of town buildings or grounds, or other previously authorized activities on town property;

(4) The filming activity creates a substantial risk of injury to persons or damage to property;

(5) The filming activity will substantially disrupt neighboring businesses or residences which have not consented to the filming activity;

(6) The applicant failed to complete the application after being requested to do so, or the information contained in the application is found to be false in any material detail;

(7) The particular filming activity would violate federal, state or local law, including licensing or permit requirements.

(b) When the ground for permit denial can be corrected by imposing reasonable permit conditions, the filming activity coordinator shall impose such conditions rather than denying the permit.

(Ord. 752 § 1 (part), 1988)

The filming activity coordinator may condition the issuance of a film permit by imposing reasonable requirements concerning the time, place and manner of filming activities, including, but not limited to, the following:

(1) Requirements for the presence of employees of the town and/or police department at the applicant's expense;

(2) Requirements concerning posting of no parking signs, placement of traffic control devices, and employment of traffic and crowd control monitors at the applicant's expense;

(3) Requirements concerning posting of the outer boundaries of the filming activity, and providing notice to affected property owners/businesses;

(4) Requirements concerning the cleanup and restoration of public streets and town property employed in the filming activity;

(5) Restrictions on the use of town and police department employee services, vehicles and other equipment in the filming activity;

(6) Requirements that the applicant pay all fees, and obtain all permits and licenses required for the filming activity under local, state and federal law;

(7) Restrictions on the use of gunfire, explosives, and other noise-creating or hazardous devices;

(8) Restrictions on lighting;

(9) Restrictions on the daily hours the filming activity may be conducted within the town.

(Ord. 752 § 1 (part), 1988)

(a) A permit application processing fee in an amount established by town council resolution shall be paid by the applicant at the time the application is filed.

(b) A schedule of fees/deposits for town services and use of town property shall be established by town council resolution. The applicant shall submit the required deposit and/or prepay the required fees prior to issuance of the film permit.

(c) A waiver or reduction in town fees may be authorized by town council resolution for charitable and student filming activities.

(d) The applicant shall be required to make a fee deposit or prepay fees for officers assigned to the filming activity by the police department and/or for use of police department property.

(Ord. 752 § 1 (part), 1988)

Upon reasonable notice by the permittee in advance of the filming activity, the filming activity coordinator is authorized to change the date for which the film permit has been issued without requiring a new application or application fee.

(Ord. 752 § 1 (part), 1988)

(a) The applicant for a film permit shall procure and maintain for the duration of the filming activity insurance against claims for injuries to persons or damage to property which may arise from, or in connection with, the filming activity.

(b) The minimum limits of insurance liability, scope of insurance, and insurance endorsements required for the issuance of a film permit shall be established by town council resolution.

(c) A copy of the policy and all required certificates and endorsements shall be filed by the applicant with the filming activity coordinator not less than seven business days prior to the filming activity. The deadline may be waived by the filming activity coordinator for good cause if sufficient time remains to verify the adequacy of insurance coverage by the applicant.

(d) Proof of insurance coverage as specified in subsections (a) and (b) of this section must be verified by the filming activity coordinator prior to issuance of a film permit to the applicant.

(Ord. 752 § 1 (part), 1988)

(a) Prior to the issuance of the film permit, the permit applicant must sign an agreement to reimburse the town for any costs incurred to repair or replace town property which is damaged as the result of the filming activity.

(b) The agreement shall also provide that the permit applicant shall defend, indemnify, and hold harmless the town, its officers, agents, or employees from all claims and liability of any kind whatsoever resulting from or arising out of the filming activity or issuance of the film permit.

(Ord. 752 § l (part), 1988)

The permittee, and all agents, employees, and contractors of the permittee at the filming activity site within the town, shall comply with the following requirements:

(1) The permittee shall comply with all terms and conditions of the film permit.

(2) The permittee shall not conduct a filming activity within the town not authorized by the filming permit.

(3) The permittee shall comply with instructions made by the police department officer(s) assigned to police the filming activity site and town employees assigned to regulate the filming activity site.

(4) The permittee shall clean and restore all town and police department property utilized during the filming activity to the same condition as existed prior to the filming activity.

(5) The permittee shall comply with this chapter and all other ordinances of the town, state and federal law.

(Ord. 752 § 1 (part), 1988)

(a) Permit Revocation. The filming activity coordinator may revoke the film permit if he determines after the permit is issued that the permit application was false in any material detail or if the permittee, or the agents, employees or contractors of the permittee at the filming activity site, fail to comply with the requirements set forth in Section 9.44.140.

(1) Notice of the grounds for revocation of the film permit shall be provided in writing by the filming activity coordinator to the permittee or location manager.

(2) Appeals of the permit revocation shall be conducted in the manner specified in Section 9.44.170.

(b) Permit Suspension. The police department officer assigned to police the filming activity site may suspend the film permit when the filming activity poses an immediate hazard to persons or property and the permittee or location manager will not, or cannot, prevent the hazard after being instructed to do so by the officer.

(1) The grounds for the permit suspension shall be provided in writing by the filming activity coordinator to the permittee or location manager within one business day of the suspension.

(2) Appeals of the permit suspension shall be conducted in the manner specified in Section 9.44.170.

(Ord. 752 § 1 (part), 1988)

Notwithstanding the provisions of Section 12.20.030 of this code, the applicant for a film permit may request that the town authorize a street closure in his film permit application. The request may be granted by the filming activity coordinator after consultation with the town engineer and the chief of police.

(Ord. 752 § l (part), 1988)

(a) The permit applicant may appeal a permit denial, revocation, suspension, permit condition, insurance or fees requirement, or the filming activity coordinator's decision not to waive a deadline set forth in this chapter. Such appeal shall be filed with the town clerk not later than seven calendar days after the date written notice of the decision is made. The appeal shall be heard by the town council at its next available regular meeting.

(b) If there is insufficient time for a timely appeal to be heard by the town council prior to the planned date for the filming activity or the filming activity is already underway, the applicant/permittee may at his option request that the town clerk schedule the appeal before the town manager. The town manager shall hold a hearing no later than two business days after the filing of the appeal, and shall render his decision not later than one business day after the appeals hearing. If the appeal is heard before the town manager, his decision is final.

(Ord. 752 § 1 (part), 1988)

The violation of any provision of this chapter is an infraction. Penalties for infraction shall be as set forth in Government Code Section 36900(b).

(Ord. 752 § 1 (part), 1988)