Larkspur Municipal Code Ch. 5.48 Regulation of Filming and Still Photography

Sections: 5.48.010 Purpose. 5.48.020 Definitions. 5.48.030 Rules and Regulations. 5.48.040 Applications and Issuance. 5.48.050 Liability. 5.48.060 Permit Conditions. 5.48.070 Neighborhood Notification and Signature Requirement. 5.48.080 Exemptions. 5.48.090 Appeal Process. 5.48.100 Violation.

This chapter is adopted to create an environment conducive to commercial filming and still photography activity while also ensuring the health, safety, peace and welfare of the community through the appropriate regulation. (Ord. 1030 § 2(4), 2018; Ord. 1020 § 1, 2017)

For the purpose of this chapter, the words defined in this section shall have the meanings assigned to them unless from the context it appears that a different meaning is intended.

“Film activity” shall mean and include all activity attendant to staging or shooting commercial motion pictures, television shows or programs, commercials, digital media, commercial still photography, and student films produced to satisfy a post-secondary school course requirement at an educational institution in any medium including film, tape or digital format.

“News media” shall mean photographing, filming, or videotaping for the purpose of spontaneous, unplanned television news broadcast or reporting for print media by reporters, photographers or camerapersons.

“Studio” shall mean a fixed place of business certified as such by local fire authority having jurisdiction where filming activities (motion or still photography) are regularly conducted upon the premises. (Ord. 1030 § 2(4), 2018; Ord. 1020 § 1, 2017)

Rules. The Filming Coordinator, as designated by the City Manager, is hereby authorized and directed to promulgate rules and regulations, subject to approval by resolution of the City Council, governing the form, time, and location of any film activity set forth within the City. The Filming Coordinator shall also provide for the issuance of permits. The rules and regulations shall be based upon the following criteria:

A. The health, safety, peace or welfare of the community;

B. Mitigation of disruption to all persons within the affected area;

C. The safety of property within the City; and

D. Traffic congestion at particular locations within the City. (Ord. 1030 § 2(4), 2018; Ord. 1020 § 1, 2017)

The issuing authority for permits required by this chapter shall be the Filming Coordinator. All film activity requires a permit pursuant to this chapter.

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

1. The representative of the property and their email address and cell number, as well as the address, email address and telephone number of the place at which the film activity is to be conducted;

2. The specific location at such address or place;

3. The inclusive hours and dates such film activity will occur;

4. A general statement of the character or nature of the proposed film activity;

5. The name, address, email address, and telephone number of the person or persons in charge of such film activity;

6. The number of personnel to be involved in the film activity;

7. A description of any part of the film activity which may cause public alarm such as the use of any animals, gunfire or pyrotechnics and/or other special effects; and

8. The exact amount/type of vehicles/equipment to be employed as part of the film activity along with a parking plan.

B. Reimbursement for Personnel. The applicant shall reimburse the City for any personnel provided for the purpose of assisting the production.

C. Change of Date. Upon the 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.

D. Deadline for Filing Application. Applications for a film activity permit must be filed with the Filming Coordinator a minimum of ten (10) business days in advance of the date upon which the filming activity is intended to begin in order to guarantee filming approval. Upon a showing of good cause, the Filming 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 film activity. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(4), 2018; Ord. 1020 § 1, 2017)

A. Liability Insurance. Before a permit is issued, the applicant shall provide a certificate of insurance listing the City and its officers and employees as additional insured parties for protection against claims of third persons for personal injuries, wrongful deaths, and property damage. The certificate shall not be subject to cancellation or modification until after thirty (30) days’ written notice to the City. A copy of the certificate shall remain on file.

B. Worker’s Compensation Insurance. An applicant shall conform to all applicable state and federal 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 required by this chapter.

D. Security Deposit. To ensure cleanup and restoration of the site, an applicant may be required to submit a refundable deposit in an amount to be determined by the Filming Coordinator. Upon completion of film activity and inspection of the site by the City, if no verifiable damage has occurred, the security deposit shall be returned to the applicant. (Ord. 1030 § 2(4), 2018; Ord. 1020 § 1, 2017)

A. No person shall use any public or private property, facility or residence for the purpose of film activity without first applying for and receiving a permit from the Filming Coordinator.

B. Each permit issued by the Filming Coordinator shall be subject to the following limitations and/or requirements:

1. Film activity shall not be permitted on Sundays or federal holidays.

2. Film activity shall only be permitted during the hours of seven a.m. to nine p.m.

3. For film activity occurring later than nine p.m., applicants must obtain a signature survey of approval
pursuant to Larkspur Municipal Code 5.48.070.

4. Applicants shall pay a fee for use of the public right-of-way or use of City property if either will be used
for the film activity. Said fees shall be adopted by resolution of the City Council and may be amended.

5. When any traffic or crowd control services are required as a result of activities conducted pursuant to a
permit, such services shall be performed by the Police Department and paid for by the applicant. Such
services shall include, but not be limited to, a flagger who directs street traffic during production activity.

C. The Filming Coordinator may condition the issuance of a film permit process on reasonable requirements, including, but not limited to:

1. Requirements for the presence of employees of the City and/or law enforcement at the applicant’s
expense;

2. Requirements to obtain a permit from the Fire Department or the Police Department;

3. Parking restrictions in the affected public right-of-way including, but not limited to, limiting parking in
public right-of-way, requiring parking on one side of the street, and requiring that all individuals involved in
the production park off site;

4. 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;

5. Requirements concerning posting of notice at the outer boundaries of the film activity, and providing
notice to affected property owners/businesses;

6. Requirements concerning the cleanup and restoration of public streets and City property employed in
the film activity;

7. Restrictions on the use of City employee services, vehicles and other equipment in the film activity;

8. Requirements that the applicant pay all fees, and obtain all permits and licenses required for the film
activity under local, state and federal law;

9. Restrictions on the use of gunfire, explosives, and other noise-creating or hazardous devices;

10. Restrictions on lighting;

11. Restrictions on the dates and hours of the approved film activity.

D. Upon the request of, and a showing of good cause by, the applicant, the Filming Coordinator shall have the authority to change the date for which a permit has been issued. In such case, the Filming Coordinator may impose additional conditions of approval, including, but not limited to, requiring the City, or its designee, to provide new neighborhood notification, the cost of which shall be borne by the applicant. (Ord. 1030 § 2(4), 2018; Ord. 1020 § 1, 2017)

A. Neighborhood Notification of Application Submittal. Following submittal of the application, if the film activity is determined by the Filming Coordinator to cause the potential for impacts to the residents or businesses in the surrounding area, the applicant shall distribute written notice of the application submittal to properties in the affected area based on the following requirements.

B. Signatures Requirements.

1. For applications that involve a location where film activity will occur for less than three (3) days in the
then-current calendar year, the applicant shall notify the affected area, as determined by the Filming
Coordinator, no less than seventy-two (72) hours in advance of filming activity. No signatures of approval are
required.

2. For applications that involve a location where film activity will occur for more than three (3) days but less
than six (6) days in the then-current calendar year, the applicant shall obtain signatures of approval from fifty-
one (51) percent of the properties in the affected area, as determined by the Filming Coordinator.

3. For applications that involve a location where film activity will occur for more than six (6) days in the
then-current calendar year, the applicant shall obtain signatures of approval from sixty-seven (67) percent of
the properties in the affected area as determined by the Filming Coordinator, and seventy-five (75) percent of
adjacent properties. Filming activity that requires the use of special effects, a cast or crew of greater than
thirty (30) at any point in production, or that takes place between the hours of nine p.m. and seven a.m. is
also subject to this requirement.

4. No more than one signature per property shall be accepted. The signature of an adult occupant shall be
acceptable.

5. In lieu of providing signatures, an adult occupant may indicate consent or objection to all productions
within three hundred (300) feet of their property anticipated within a calendar year by executing and
submitting an approval/disapproval form which shall be prepared and maintained by the Filming
Coordinator. An executed approval/disapproval form shall constitute a signature of approval or disapproval for the production for purposes of this subsection. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(4), 2018; Ord. 1020
§ 1, 2017)

The provisions of this chapter shall not apply to or affect:

A. 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 of news events concerning those persons, scenes or occurrences which are in the news and of general public interest.

B. Personal/Family Video. The recording of visual images (motion or still photography) solely for private personal use, and not for commercial use.

C. Studio Filming. Filming activities (motion or still photography) conducted at a studio. (Ord. 1030 § 2(4), 2018; Ord. 1020 § 1, 2017)

A. Decision of the Filming Coordinator. Any person aggrieved by the decision of the Filming Coordinator, be it in the imposition of conditions, rules or regulations, the issuance or denial of a permit, or the suspension or revocation of the same, may appeal that decision to the City Manager by submitting a written request to the City Manager within three (3) working days of the decision along with any appeal fees. Following review and consideration, and without any public hearing, the City Manager may affirm, reverse, or modify the decision by the Filming Coordinator. The City Manager shall render a decision within three (3) working days following receipt of the appeal.

B. Decision of City Manager. The decision of the City Manager shall be final.

C. The City Manager shall have the authority to waive any or all provisions of this chapter and any rules or regulations promulgated by the Filming Coordinator where it is found that the interests of the health, safety, peace and welfare, of the community would be so benefited. (Ord. 1030 § 2(4), 2018; Ord. 1020 § 1, 2017)

If an applicant violates any provisions of this chapter or a permit issued pursuant thereto, the City may provide the applicant with verbal or written notice of such violation. If the applicant fails to correct the violation, the City may revoke the permit and all activity must cease. (Ord. 1030 § 2(4), 2018; Ord. 1020 § 1, 2017)