Chapter 2 — FILMING

The purpose of this chapter is to encourage the motion picture, television, and video advertising industries to conduct their activities in the city by providing a convenient means by which persons within such industries may obtain necessary permits and approvals to conduct their activities, while at the same time providing sufficient regulation to protect the health, safety, and welfare of the residents and visitors of the county. ('61 Code, § 6-2.01) (Ord. 556 C.S., passed 9-19-90)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

COMMERCIAL MOTION PICTURE, TELEVISION, and STILL PHOTOGRAPHY. Any and all activity

attendant to the staging or filming of commercial motion pictures, television shows or programs, and commercial advertisements.

CHARITABLE FILMS. Commercial advertisements, motion pictures, television, videotapes, or still photography produced by a non-profit organization which qualifies under § 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 produced by such an organization.

PERSON. Any natural person or persons, partnership, trust, corporation, association, society, club, or other entity. ('61 Code, § 6-2.02) (Ord. 556 C.S., passed 9-19-90)

Except as may otherwise be provided in this chapter, no person shall use any public or private property, facility, or residence for the purpose of taking or filming commercial motion pictures, television pictures, commercial advertisements, or commercial still photography without first applying for, and obtaining, a permit pursuant to this chapter. Permits obtained pursuant to this chapter shall be in lieu of any other business license or permit required by this title.

('61 Code, § 6-2.03) (Ord. 556 C.S., passed 9-19-90)

The following persons are exempt from the permit requirements of this chapter:

(A) Reporters, photographers, camera persons in the employ of a newspaper, news service, or similar entity, engaged in filming, photographing, or on-the-spot broadcasting of news events concerning those persons, scenes, or occurrences which are in the news and of general public interest.

(B) Persons engaged in the filming or videotaping of motion pictures solely for private family use.

(C) Persons taking or creating charitable films.

('61 Code, § 6-2.04) (Ord. 556 C.S., passed 9-19-90)

(A) To obtain a film permit, written application shall be made with the City Manager on forms provided therefor and accompanied by the appropriate film permit fee. Every application for a film permit shall be verified by oath of the applicant.

• (B) The following information shall be included in the application:

• (1) The name of the owner and the address and telephone number of the place at which the activity is to be conducted;

• (2) The inclusive hours and dates such activity will occur;

• (3) A general statement of the character or nature of the proposed filming activity;

• (4) The name, address, and telephone number of the person or persons in charge of such filming activity;

• (5) The exact number of personnel to be involved in the activity;

• (6) A statement as to use of any animals or pyrotechnics; and

• (7) The exact amount and type of vehicles or equipment to be involved in the filming.

• (C) A filming permit application fee of $100.

• ('61 Code, § 6-2.05) (Ord. 556 C.S., passed 9-19-90)

The City Manager or his or her designee shall approve and issue, with or without conditions, a filming permit upon a satisfactory demonstration by the applicant that traffic, crowd control, and other factors affecting the public health, safety, and general welfare will be adequately mitigated. The City Manager or his or her designee shall consult with the Police, Fire, Engineering, Planning, and other city departments as may be appropriate, regarding special conditions of approval which may be necessary in order to protect the public health, safety, and welfare with respect to the requested permit. Special conditions of approval may be attached to the permit in order to assure the health and safety of all persons, avoidance of undue disruption of all persons within the affected area, the safety of property, and the avoidance of traffic congestion at particular locations.

('61 Code, § 6-2.06) (Ord. 556 C.S., passed 9-19-90)

(A) Applicants shall submit permit applications at least two working days prior to the dates on which such persons desire to conduct an activity for which a permit is required by this chapter. If it appears that such activity may interfere with traffic or involve potential public safety hazards, the City Manager or his or her designee may require that the permit be submitted at least four working days in advance.

(B) The permittee shall be required to conduct operations in an orderly fashion with continuous attention to the storage of equipment not in use and the cleanup of trash and debris. The area used shall be cleaned of trash and debris upon completion of filming at the scene and restored to the original condition before the permittee leaves the site.

(C) An applicant must obtain the property owner's permission, consent, and/or lease for use of property not owned or controlled by city prior to the issuance of the filming permit under this chapter. The City Manager or his or her designee shall require proof of such permission prior to the issuance of a permit.

(D) If the applicant must park equipment, trucks, and/or cars in areas where such parking is not safely permitted, then temporary "no parking" signs must be posted by the Department of Public Works. The permittee must consult with the Department of Public Works in advance of the filming date to coordinate the placement of such signs.

(E) For filming that affects traffic flow, the permittee shall use local law enforcement personnel to provide such traffic control and comply with all traffic control requirements deemed necessary by the Police Department.

(F) As a condition of approval of the permit, the permittee shall agree to reimburse the city for the costs of personnel and/or equipment utilized for the purpose of assisting the production. The City Manager, as a condition to

the issuance of the permit, shall require a cash deposit for such costs.

(G) Before a permit is issued under this chapter, a certificate of insurance must be on file with the City Manager in an amount not less than $1,000,000 and naming the city as a co-insured providing protection against claims for personal injuries, wrongful death, and property damage. The certificate or policies of insurance shall provide they are not subject to cancellation or modification until after 30 days prior written notice has been given to the city. A copy of the policy of insurance must remain on file with the city at all times relevant to the permit.

(H) As a condition of the issuance of the permit, the applicant shall execute a hold harmless agreement prior to the issuance of the permit under this chapter.

(I) To insure clean up and restoration of the filming site, the City Manager may require an applicant to post a refundable faithful performance bond or cash deposit, in an amount determined by the City Manager, at the time the permit is issued. Upon completion of filming and inspection of the site by city personnel, the bond or deposit shall be returned to the applicant if the clean up and restoration is complete and satisfactory. ('61 Code, § 6-2.07) (Ord. 556 C.S., passed 9-19-90)

No permit issued pursuant to the provisions of this chapter shall be assignable or transferable nor shall any permit authorize any person other than those named therein to conduct any activities pursuant to the permit. ('61 Code, § 6-2.08) (Ord. 556 C.S., passed 9-19-90)