Humboldt County Municipal Code Ch. 2 Film Permits

Sections: Definitions. Permits and Exemptions. Permits. Applicants and Issuance. Liability Provisions. Violations.

812-1. Definitions. For the purposes of this chapter, the following terms, phrases, words and their derivatives shall have the meaning given herein: (Ord. 2529, § 2, 05/19/2015) (a) “Motion picture, television, web shows, still photography” shall mean and include all activity attendant to staging or shooting commercial motion pictures, television shows or programs, commercials, web productions and student films in any medium including film, tape or digital format. (Ord. 2529, § 2, 5/19/2015) (b) “Charitable films” shall mean commercials, motion pictures, television, videotapes, digital recording 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. (Ord. 2529, § 2, 5/19/2015) (c) “News Media” shall mean the photographing, filming or videotaping for the purpose of spontaneous, unplanned television news broadcast or reporting for print media by reporters, photographers or camerapersons. (Ord. 2529, § 2, 5/19/2015) (d) “Studio” shall mean a fixed place of business certified as such by the local land use authority where filming activities (motion or still photography) are regularly conducted upon the premises. (Ord. 2529, § 2, 5/19/2015) (e) “Permitting Officer” shall mean the County Administrative Officer, or designee, who shall have authority to approve film permits under this chapter. (Ord. 2529, § 2, 5/19/2015) 812-2. Permits and Exemptions. (a) Permit required. No person shall use any public or private property, facility or residence within the unincorporated areas of the County of Humboldt for the purpose of filming motion pictures, television, web shows or commercial still photography without first applying for and receiving a permit from the Permitting Officer if the proposed filming activity includes any of the following: (Ord. 2529, § 2, 05/19/2015) (1) Building or tearing down of structures; (2) Encroachment upon right-of-way; (3) Use of pyrotechnics, fire, or caustic chemicals; (4) Handling of non-domestic animals; (5) Use of production vehicles or cranes; (6) Creating excessive lights, dust, or noise; (7) Filming after 9 p.m. or before 7 a.m.;

(8) Use of weaponry; (9) Disruption to or activities in environmentally sensitive areas; (10) Disruption to neighbors; (11) Creation of an attractive nuisance; or (12) Any other activity that a reasonable person would view as having an adverse impact on persons, property or the natural environment that is substantively different from the level of impact attributable to personal photography. (b) Permit Exemptions. (1) Breaking News Media. 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 print media, publishing or broadcasting, of news events concerning those persons, scenes or occurrences which are in the news and of general public interest. (Ord. 2529, § 2, 5/19/2015) (2) Personal/Family Video. The recording of visual images (motion or still photography) solely for private personal use, and not for commercial use. (Ord. 2529, § 2, 5/19/2015) (3) Studio Filming. Filming activities (motion or still photography) conducted at a studio located on property zoned for commercial filming. (Ord. 2529, § 2, 5/19/2015) (Ord. 2529, § 2, 5/19/2015) 812-3. Permits. The Permitting Officer shall provide for the issuance of permits. Permit applications shall be evaluated based on, but not limited to, the following criteria: (Ord. 2529, § 2, 05/19/2015) (1) The health and safety of all persons and the environment; (Ord. 2529, § 2, 5/19/2015) (2) Mitigation of disruption to all persons within the affected area; (Ord. 2529, § 2, 5/19/2015) (3) The safety of property within the County; and (Ord. 2529, § 2, 5/19/2015) (4) Traffic congestion at particular locations within the County. (Ord. 2529, § 2, 5/19/2015) 812-4. Applicants and Issuance. (a) Issuing Authority. the issuing authority shall be the Permitting Officer. (Ord. 2529, § 2, 5/19/2015) (b) Applications. The following information shall be included in the application: (Ord. 2529, § 2, 05/19/2015)

(1) The representative of the property and his/her email address and phone number, as well as the address of the property (if different) at which the activity is to be conducted; (Ord. 2529, § 2, 5/19/2015) (2) The specific location at such address or place; (Ord. 2529, § 2, 5/19/2015) (3) The inclusive hours and dates such activity will occur; (Ord. 2529, § 2, 5/19/2015) (4) A general statement of the character or nature of the proposed filming activity; (Ord. 2529, § 2, 5/19/ 2015) (5) The name, address, email address, and telephone number of the person or persons representing the production; (Ord. 2529, § 2, 5/19/2015) (6) The exact number of personnel to be involved; (Ord. 2529, § 2, 5/19/2015) (7) Activity which may cause public alarm such as the use of animals, gunfire, pyrotechnics and/or low-flying helicopters or other aircraft; (Ord. 2529, § 2, 5/19/2015) (8) The exact amount/type of vehicles/equipment to be employed along with a parking plan; (Ord. 2529, § 2, 5/19/2015) (9) Activity which may result in disturbances to nearby bodies of water, streambeds, soil, flora, and/or fauna; and (Ord. 2529, § 2, 5/19/2015) (10) Activity which may result in levels of light, glare, and noise exceeding that which is normal for the area or generate levels of dust that are likely to impact surrounding properties. (Ord. 2529, § 2, 5/19/2015) (c) Fee Schedule. The County may adopt a fee schedule applicable to the permit process. (Ord. 2529, § 2, 5/19/ 2015) (d) Reimbursement for Personnel. The production company shall reimburse the County for any personnel provided to the company (e.g., sheriff, fire, traffic) for the purpose of assisting the production. (Ord. 2529, § 2, 5/19/2015) (e) Waiver of Permit Fees for Charitable and Student Films. Permit fees for charitable films and student films may be waived. Reimbursement for County personnel for the purpose of assisting the production shall not be waived pursuant to this subsection. (Ord. 2529, § 2, 5/19/2015) (f) Change of Date. Upon the request of the applicant, the Permitting Officer 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. (Ord. 2529, § 2, 5/19/2015) (g) Review. Permit applications are subject to review by any agency for input and/or comment as determined by the Permitting Officer. (Ord. 2529, § 2, 5/19/2015)

812-5. Liability Provisions. (a) Liability Insurance. Before a permit is issued, a certificate of insurance will be required in an amount not exceeding $1,000,000 naming the County as a coinsured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage. The County officers and employees shall be named as additional insured. The certificate shall not be subject to cancellation or modification until after thirty days written notice to the County. A copy of the certificate shall remain on file. (Ord. 2529, § 2, 5/19/2015) (b) Automobile/Motor liability Insurance. Before a permit is issued, a certificate of insurance will be required with a limit of liability of not less than $1,000,000 combined single limit coverage. Such insurance shall include coverage of all “owned,” “hired,” and “non-owned” vehicles or coverage for “any auto.” (Ord. 2529, § 2, 5/19/2015) (c) Change of Provisions. The Permitting Officer, in conjunction with Risk Management, shall have the power to change the insurance requirements of section (a) and (b) and/or require other insurance policies dependent upon the individual circumstances of a film permit application. (Ord. 2529, § 2, 5/19/2015) (d) 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. (Ord. 2529, § 2, 5/19/2015) (e) Hold Harmless Agreement. An applicant shall execute a hold harmless agreement as provided by the County prior to the issuance of a permit under this ordinance. (Ord. 2529, § 2, 5/19/2015) (f) Security Deposit. To ensure cleanup and restoration of the site, an applicant may be required to submit a refundable deposit (amount to be determined). Upon completion of filming and inspection of the site by the County, if no verifiable damage has occurred, the security deposit should be returned to the applicant. (Ord. 2529, § 2, 5/19/2015) 812-6. Violations. Any person violating any provision of this chapter shall be deemed guilty of an infraction as hereinafter specified. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed or continued. (Ord. 2529, § 2, 05/19/2015) Any person so convicted shall be: (1) guilty of an infraction offense and punished by a fine not exceeding one hundred dollars ($100.00) for a first violation; (2) guilty of an infraction offense and punished by a fine not exceeding two hundred dollars ($200.00) for a second violation; (3) guilty of a infraction offense and punished by a fine not exceeding five hundred dollars ($500.00) for every subsequent offense. (Ord. 2529, § 2, 05/19/2015) Any violation of this chapter shall be justification for the Permitting Officer to revoke the film permit. (Ord. 2529, § 2, 05/19/2015) Nothing in this Chapter shall prohibit the Permitting Officer from promulgating rules and regulations upon approval by the Board of Supervisor by resolution to carry out this Chapter. (Ord. 2529, § 2, 5/19/2015)

§ 813-1. § 813-2. § 813-3. § 813-4. § 813-5. § 813-6. § 813-7. § 813-8. § 813-9. § 813-10. § 813-11. § 813-12. § 813-13.