Ione Municipal Code Ch. 5.21 Film Ordinance

"Charitable films" means commercials, motion pictures, television, video tapes, 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" means and includes all activity attendant to staging or shooting commercial motion pictures, television shows or programs, videos, and commercials.

"News media" means the filming or video taping for the purpose of spontaneous, unplanned television news broadcast by reporters, photographers or camera personnel.

(Ord. 358 (part), 1996)

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 of commercial still photography without first applying for and receiving a permit from the officer designated by the city.

B. Exemptions:

1. News Media. The provisions of this chapter shall not apply to or affect reporter photographers or cameramen in the employ of a newspaper, news service, or similar entity engaged in the on-the-spot broadcasting of news events concerning those persons, scenes or occurrences which are in the news and of general public interest;

2. The filming or video taping of motion pictures solely for private/family use;

3. Charitable Films. Projects which qualify under Section 502 (c)(3) of the Internal Revenue Code;

4. If the crew does not exceed three persons and there is no extensive use of props, equipment, cast or other participants, the following guidelines apply to this exemption:

a. Pedestrian and vehicular traffic cannot be altered. The company must work with the conditions that exist. Intermittent traffic control is not permitted under this exemption.

b. If the company is covering a parade, demonstration or other special event, the exemption merely allows them to operate on the same basis as a citizen with a camera. The company must obtain all permission that may be required.

c. Camera tripods can be used if they do not interfere with pedestrian traffic and do not block doors, passage ways, etc.

d. This exemption does not allow the use of a cast in the normal sense of the word in the industry. A host(s), moderator(s), or performer(s) may interact with people. An additional person may be used and not be considered part of the three-person crew. The key element is that it must not interfere with normal street activities.

e. No special parking provisions can be included with this exemption.

f. Stunt work is not allowed under this exemption.

g. Special effects are not allowed under this exemption.

h. City property, other than sidewalks and streets, can be used only with permission of the controlling authority. Park directors, for example, must agree to the activity.

i. Private property requires approval by the owner.

j. Each activity shall be negotiated with and approved by the city manager.

(Res. 1582 § 2(part), 2007; Ord. 358 (part), 1996)

A. Change of Date. Upon request of the applicant, the issuing authority 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 designated city officer is authorized and directed to promulgate rules and regulations, subject to approval by resolution of the council, governing the firm, time and location of any filming activity set forth within the city. He/she shall also provide for the 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 safety of property within the city; and

4. Traffic congestion at particular locations within the city.

(Ord. 358 (part), 1996)

A. Issuing Authority. The issuing authority shall be the city designee.

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

1. The applicant's name, address, and telephone number of place of business;

2. A general state of the character or nature of the proposed filming activity;

3. The inclusive hours and dates such activity will transpire;

4. The specific location of each activity scheduled;

5. The type of activity scheduled for that day and time;

6. The exact number of personnel to be involved;

7. Use of any animal or pyrotechnics; and

8. The exact amount and type of vehicles and equipment to be involved.

C. Fees. A fee of one hundred dollars for each permit processed shall be collected by the officer designated by the city (unless exempt under Section 5.21.020(B) of this chapter). There will be no charge for rescheduling an activity with a minimum of twenty-four-hour notice. Fee shall be refundable up to five days prior to shoot if cancellation occurs.

D. Reimbursement for Personnel Use. The production company shall reimburse the city for: (1) any personnel provided to the company (i.e., police, fire, traffic control, medical personnel, or other city employees) for the purpose of assisting the production; and for the (2) use of any real or personal property. Any costs shall be negotiated with and approved by the city manager prior to shoot date.

(Res. 1582 § 2(part), 2007; Ord. 358 (part), 1996)

A. Liability Insurance. Before a permit is issued, a certificate of insurance will be required in an amount no less than one million dollars naming the city as coinsured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage. The city officers and employees shall be named as additional insureds. The certificate shall not be subject to cancellation or modification until after thirty days' written notice to the city. A copy of the certificate will remain on file.

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 and incorporated within the permit issued under this chapter.

D. Faithful Performance Bond. To ensure cleanup and restoration of the site, an applicant may be required to post a refundable faithful performance bond (amount to be determined) at the time application is submitted. Upon completion of filming and a satisfactory inspection of the site by city designee, the bond may be returned to the applicant.

(Ord. 358 (part), 1996)

If applicant violated any provision of this chapter or a permit issued pursuant thereto, the city may cancel the permit. Violation of the terms and condition of the film permit is considered a misdemeanor.

(Ord. 358 (part), 1996)