Martinez Municipal Code Ch. 5.70 Procedures and Requirements for Film Permitting

A.

"Charitable filming activity"

means a filming activity conducted or produced by a non-profit organization/corporation which qualifies under Section 501(c) (3) of the Internal Revenue Code as a charitable organization/corporation.

B.

"Filming activity"

means the staging, shooting, filming, videotaping, photographing or other similar process conducted for the making of still photographs, motion picture, television programs, commercial and non theatrical film productions.

C.

"Filming activities coordinator"

means such public official designated by the City Manager to issue film permits within the city.

D.

"Location manager"

means the person in charge at the location of the filming activity within the city associated with the permittee.

E.

"News purposes"

means filming activity conducted for the purpose of reporting on persons, events or scenes which are in the news or newspapers, television news services and other news media.

F.

"Student filming activity"

means a filming activity conducted to fulfill a course requirement by a student enrolled at a public school, private school registered with the state, school within the California State University System or University of California.

(Ord. 1246 C.S. § 1, 1997)

Filming permits shall be granted in accordance with the requirements and procedures set forth in this chapter.

(Ord. 1246 C.S. § 1, 1997)

The Filming Activities Coordinator is responsible for administering this Chapter, and is authorized to promulgate rules or regulations consistent with and necessary for its efficient administration. The Filming Activities Coordinator or his designee shall work cooperatively with the film industry to expedite the permit process by coordinating all City department reviews and approvals.

(Ord. 1246 C.S. § 1, 1997)

A. No person shall engage in commercial motion picture production on public property or requiring public services without obtaining a filming permit pursuant to the provisions of this Chapter. The film permit is not transferable without the written authorization of the Filming Activities Coordinator.

B. The provisions of this chapter shall not apply to any of the following activities; provided, that the activity will not require the closure of a public street, or substantially impede vehicular traffic thereon:

1. Filming activities conducted for news purposes as defined in Section 5.70.010(e);

2. Filming activities conducted for use in a criminal investigation or civil or criminal court proceedings;

3. Noncommercial filming activities conducted solely for private or family use.

(Ord. 1246 C.S. § 1, 1997)

An applicant for a filming permit may commence the application process by providing all application information to the City by telephone. The application and permit shall be on the form developed by the California Film Commission, which must be signed by an authorized representative of the applicant.

(Ord. 1246 C.S. § 1, 1997)

A. The time line for issuing permits shall be:

1. Permits not requiring traffic control exceeding three (3) minutes shall be issued within two (2) working days of completion of application;

2. Permits requiring traffic control exceeding three (3) minutes shall be issued within four (4) working days of completion of application;

3. Permits requiring road closures shall be issued within ten (10) working days of completion of application.

B. An application shall not be deemed complete until all required information is provided, all fees are paid, the application is properly signed, and evidence of adequate insurance coverage is provided to the Film Activities Coordinator.

(Ord. 1246 C.S. § 1, 1997)

The Filming Activity Coordinator may condition the issuance of a film permit by imposing reasonable requirements concerning the time, place and manner of filming activities.

(Ord. 1246 C.S. § 1, 1997)

Permits may be amended from time to time to accommodate minor changes to the permit. The amendment shall be in the form of an attachment to the permit. A permit may not be amended or extended after the completion of filming activity.

(Ord. 1246 C.S. § 1, 1997)

A. The Filming Activities Coordinator may revoke the film permit if he determines after the permit is issued that the permit application was false in any material detail or if the permittee, or the agents, employees or contractors of the permittee at the filming activity site, fail to comply with the filming rules. Notice of the grounds for revocation of the film permit shall be provided in writing by the Filming Activities Coordinator to the permittee or location manager.

B. The Police Department officer assigned to police the filming activity site may suspend the film permit when the filming activity poses an immediate hazard to persons or property and the permittee or location manager will not, or cannot, prevent the hazard after being instructed to do so by the officer. The grounds for the permit suspension shall be provided in writing by the filming activity coordinator to the permittee or location manager within one business day of the suspension.

(Ord. 1246 C.S. § 1, 1997)

A. The permit applicant may appeal a permit denial, revocation, suspension, permit condition or insurance or fee requirement. Such appeal shall be filed with the City Clerk not later than seven calendar days after the date written notice of the decision is made. The appeal shall be heard by the City Council at its next available regular meeting.

B. If there is insufficient time for a timely appeal to be heard by the City Council prior to the planned date for the filming activity or the filming activity is already underway, the applicant/permittee may at his option request that the City Clerk schedule the appeal before the City Manager. The City Manager shall hold a hearing no later than two business days after the filing of the appeal, and shall render his decision not later than one business day after the appeals hearing. If the appeal is heard before the City Manager, his decision is final.

(Ord. 1246 C.S. § 1, 1997)

The applicant shall have a copy of the permit on site at all times, and shall make the copy available for inspection by the Filming Activities Coordinator or his designee.

(Ord. 1246 C.S. § 1, 1997)

A permit application processing fee in an amount established by City Council resolution shall be charged to cover the cost of permit issuance. In addition, a fee which shall reasonably reflect the cost of providing services occasioned by the filming, including administration, police, fire, and other necessary services shall be paid by the applicant upon filing of an application with the Filming Activities Coordinator. Any excess of the application fee shall be refunded to the applicant. In case of cancellation, a cancellation fee not to exceed the actual cost expended for services provided prior to said cancellation shall be assessed to the applicant.

A waiver or reduction in city fees may be authorized by the City Manager for charitable and student filming activities.

(Ord. 1246 C.S. § 1, 1997)

The applicant shall, at no cost to City, furnish evidence of comprehensive liability insurance coverage, including coverage of owned and non-owned automobiles, with a minimum combined single limit coverage of at least $1,000,000 for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including loss of use thereof, arising out of each accident or occurrence. The City, its officers and employees shall be named as additional insureds, and coverage shall not be canceled or reduced in coverage or limits except after 30 days written notice to City. Evidence of coverage shall be provided on the standardized insurance form approved by the California Film Commission.

(Ord. 1246 C.S. § 1, 1997)

A. Prior to the issuance of the film permit, the permit applicant must sign an agreement to reimburse the City for any costs incurred to repair or replace city property which is damaged as the result of the filming activity.

B. Hold harmless. As a condition of obtaining a filming permit, the applicant shall defend, indemnify, save and hold harmless the City and its officers and employees from any and all claims, costs and liability for any damages, injury, or death arising directly or indirectly from or connected with the permit, due to or claimed to be due to negligent or wrongful acts, errors or omissions of the applicant or any person under its control, save and except claims or litigation arising through the sole negligence or sole willful misconduct of the City, and will make good to and reimburse the City for any expenditures, including reasonable attorneys' fees, the City may make by reason of such matters and, if requested by the City will defend any such suits at the sole cost and expense of the applicant.

(Ord. 1246 C.S. § 1, 1997)