Chapter 5.50 — FILMING RULES AND REGULATIONS

As used in this chapter, the following terms are defined:

"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 television news broadcast by reporters, photographers or camera personnel. (Ord. 591 §1, 1996)

• A. Permit Required. No person shall use any public or private property, facility or residence for the purpose of taking commercial motion pictures, television pictures or commercial still photography without first applying for and receiving a permit from the officer designated by the city.

• B. Exemptions.

  1. News Media. This provisions of the chapter shall not apply to or affect reporter photographers or cameramen in the employ of a newspaper, news service, or similar entity engaged in 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 501(c)(3) of the Internal Revenue Code;

  4. If the crew does not exceed five 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 can not 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 may 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. Host(s) moderator(s) or performer(s) may interact with people. An additional person may be used and not be considered part of the five 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 exception.

  • f. Stunt work is not allowed under this exemption.

  • g. Special effects are not allowed under this exemption.

  • h. City of Jackson 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.

• (Ord. 591 §1, 1996)

• A. Change of Date. Upon request of the applicant, the issuing authority shall have the power, upon showing 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 form, 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 areas;

3. The safety of property within the city; and

4. Traffic congestion at particular locations within the city.

• C. Notification to Affected Property Owners. All business and property owners will be notified in writing, in person, or by public notice of any activity that would impact their property, business or person (i.e. road closures-public notice, private property activity: written permission from the property owner).

• (Ord. 591 §1, 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 statement 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. Reimbursement for Personnel. The production company shall reimburse the city for any personnel provided to the company (i.e., police, fire, traffic control, medical personnel) for the purpose of assisting the production. Any cost shall be negotiated, and approved of, prior to shoot date. A fee for issuance of the permit shall be set by resolution consistent with that set by the board of supervisors.

• (Ord. 591 §1, 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 of Jackson as co-insured 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. 591 §1, 1996)

If the applicant violates any provision 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 an infraction.

(Ord. 591 §1, 1996)

In instances where the general public's health and safety is endangered, the city may revoke any permit immediately. All other revocations will be preceded by fourteen days written notice. (Ord. 591 §1, 1996)