Chapter 101 — FILMING

For the purpose of this chapter the words and phrases used in this chapter are defined as follows:

CHARITABLE FILMS. Commercials, motion pictures, television, videotapes, 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 PHOTOGRAPHY. Shall mean and include all activity attendant to staging or shooting commercial motion pictures, television shows or programs, and commercials.

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

(Ord. 670-C.S., passed 7-2-03)

(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 for the City of Eureka.

• (B) Exemptions. The provisions of this chapter shall not apply to or affect:

(1) News media: reporters, photographers or camerapersons in the employ of a newspaper, news service, or similar entity engaged in on-the-spot print media, publishing or broadcasting or any other person concerning those persons, scenes or occurrences which are in the news and of general public interest.

(2) Family video: personal or professional filming, videotaping of motion pictures, and still photography solely for privatefamily use, including family images that are produced by a hired professional.

• (3) Charitable films: projects that qualify under Section 501(C)(3) of the Internal Revenue Code.

• (4) Studio filming: filming activities (motion or still photography) conducted at a studio.

• (5) Eureka business license holders:

(a) Local commercials (video or still photography) produced entirely on private property, so long as the equipment, personnel and subject connected with the commercials do not interfere in any way with the public right-of-way or impact neighboring private property.

(b) Still photographers, who are photographing in a public area, and who do not encroach upon the public right-of-way with equipment or personnel.

(Ord. 670-C.S., passed 7-2-03) Penalty, see § 10.99

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

(B) Rules. The city 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. The city shall also provide for 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 inclusive hours and dates such activity will transpire;

• (4) A general statement of the charter 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) Fees. No daily filming 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, public works) for the purpose of assisting the production at established rates listed in the City Fee Schedule. (Ord. 670-C.S., passed 7-2-03) Penalty, see § 10.99

(A) Liability insurance. Before a permit is issued, a certificate of insurance and additional insured endorsement will be required in an amount of at least $1,000,000 naming the City of Eureka as a co-insured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage. The city, its officers, employees and volunteers shall be named as additional insureds. The insurance coverage shall be primary and shall not be subject to cancellation or modification until after 30 days written notice to the city. An original copy of the certificate and endorsements will remain on file with the city.

(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) Faithful performance bond. To ensure clean-up and restoration of the site, an applicant may be required to post a refundable faithful performance bond or cash deposit (amount to be determined by the City Manager) 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 if the site is clean and has been resorted to its previous condition.

(Ord. 670-C.S., passed 7-2-03) Penalty, see § 10.99

If an applicant violates any provisions of this chapter 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. 670-C.S., passed 7-2-03)