Article IX — MOTION PICTURES, TELEVISION AND COMMERCIAL STILL PHOTOGRAPHY

The purpose of this article is to regulate the motion picture, television and commercial still photography industry in the Town.

(Ord. No. 1828, § I(33.20.010), 7-2-90)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Charitable films shall mean 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 shall mean and include all activity attendant to staging or shooting commercial motion pictures, television shows or programs, and commercials.

News media shall mean the filming or video taping for the purpose of spontaneous, unplanned television news broadcast by reporters, photographers or camerapersons.

(Ord. No. 1828, § I(33.20.020), 7-2-90)

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 from the Chief of Police.

(Ord. No. 1828, § I(33.20.030), 7-2-90)

The provisions of this article shall not apply to or affect the following:

(1)

News media. Reporters, photographers or camerapersons 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)

Private use. The filming or video taping of motion pictures solely for private family use.

(Ord. No. 1828, § I(33.20.040), 7-2-90)

(a)

Issuing authority. The issuing authority for the permit required in this article shall be the Town Manager or designee.

(b)

Applications. The following information shall be included in the application for the permit required in this article:

(1)

The name of the owner, the address and telephone number of the place at which the activity is to be conducted;

(2)

The specific location at such address or place;

(3)

The inclusive hours and dates such activity will transpire;

(4)

A general statement of the character 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. User fees shall be in accordance with existing fees at time of applications established by resolution.

(d)

Reimbursement for personnel. The production company shall reimburse the Town for any personnel provided to the company (i.e., police, fire, traffic) for the purpose of assisting the production.

(Ord. No. 1828, § I(33.20.060), 7-2-90)

(a)

Change of permit 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 required in this article has been issued, provided established limitations are complied with in respect to time and location.

(b)

Rules. The Town Manager is hereby authorized and directed to promulgate rules and regulations, subject to approval by resolution of the Town Council, governing the form, time, and location of any film activity set forth within the Town. The Town Manager 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 Town; and

(4)

Traffic congestion at particular locations within the Town.

(Ord. No. 1828, § I(33.20.050), 7-2-90)

(a)

Liability insurance. Before a permit required in this article is issued, a certificate of insurance will be required in an amount not exceeding one million dollars ($1,000,000) naming the Town as a coinsured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage. The Town officers and employees shall be named as additional insureds. The certificate shall not be subject to cancellation or modification until after thirty (30) days' written notice to the Town. A copy of the certificate will remain on file with the Town Clerk.

(b)

Workers' compensation insurance. An applicant shall conform to all applicable Federal and State requirements for workers' compensation insurance for all persons operating under the permit.

(c)

Hold harmless agreement. An applicant shall execute a hold harmless agreement as provided by the Town prior to the issuance of a permit under this article.

(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 the application is submitted. Upon completion of filming and inspection of the site by the Town, the bond may be returned to the applicant.

(Ord. No. 1828, § I(33.20.070), 7-2-90)

If an applicant violates any provision of this article or a permit issued pursuant thereto, the Town may cancel the permit. Violation of the terms and conditions of the film permit is unlawful.

(Ord. No. 1828, § I(33.20.080), 7-2-90; Ord. No. 2026, § XVI, 2-18-97)