Montague Municipal Code Ch. 5.16 Motion Picture Productions, Television Productions and Commercial Still…

MOTION PICTURE PRODUCTIONS, TELEVISION PRODUCTIONS AND COMMERCIAL STILL PHOTOGRAPHY

Sections:

• 5.16.010 Purpose.

• 5.16.020 Commercial film production defined.

• 5.16.030 Permit required.

• 5.16.040 Permit—Press exempted.

• 5.16.050 Other permits, licenses, fees unimpaired.

• 5.16.060 Permit—Application.

• 5.16.070 Permit—Issuance.

• 5.16.080 Cost of additional city services.

• 5.16.090 Insurance and indemnity.

• 5.16.100 Conditions and restrictions.

• 5.16.110 Cleanup and restoration.

The purpose of this chapter is to facilitate the issuance of permits for commercial film productions which desire to make special utilization of the city property and personnel. (Ord. 87-3 § 1, 1987)

For the purposes of this chapter, “commercial film production” means all activities attendant to staging or shooting commercial motion pictures, television shows or programs, or still photography which utilizes city property so as to interfere with the normal use thereof by the general public or by the city or otherwise requiring special utilization of the city personnel. (Ord. 87-3 § 2, 1987)

No person shall use any city property for the purpose of producing or making any commercial film production without a permit issued pursuant to the provisions of this chapter. A permit is required if the activity requires special vehicular controls on city streets or the same unduly obstructs pedestrian movement on public sidewalks. (Ord. 87-3 § 3, 1987)

The provisions of this chapter shall not apply to reporters, photographers or cameramen in the employ of a newspaper, news service, television or radio broadcasting station, or similar entity engaged in the broadcasting of news events. (Ord. 87-3 § 4, 1987)

The provisions of this chapter are intend d to augment and be in addition to any o ordinance of the city requiring additional permits or licenses or other fees. (Ord. 87-3 § 5, 1987)

Any person desiring a permit under the provisions of this chapter shall make application on a form prescribed and provided by the city council. Such application shall be submitted at least forty-eight hours prior to the time at which such person desires to conduct an activity for which said permit is required. The permit contemplated by this section shall, when appropriate, be used by the city clerk's office. No fee shall be required for any permit issued hereunder. (Ord. 89-14 (part); Ord. 87-3 § 6, 1987)

A. The city clerk's office shall issue the permit as provided for in Section 5.16.060 whenever, from a consideration of the application and from such other information as may be otherwise available and obtained, it is found that:

1. The conduct of such activity will not unduly interfere with traffic or pedestrian movement or endanger public safety;

2. The conduct of such activity will not unduly interfere with normal governmental or city activity, threaten to result in damage or be detrimental to public property, or result in the city incurring costs or expenditures in either money or personnel not to be reimbursed;

3. The conduct of such activity will not constitute a safety hazard and all proper safety precautions will be taken;

4. The conduct of such activity will not require the diversion of city personnel or police personnel that such diversion will interfere with the normal police protection of the city or any areas in and around the city.

B. A decision of the city clerk's office in connection with this section may be appealed to the city council whose decision in regards to the same shall be final. (Ord. 89-14 (part); Ord. 87-3 § 7, 1987)

If it is deemed necessary and appropriate by the city clerk's office, under the circumstances of any particular application in this chapter, the city may provide additional city services, including fire and police services. If the same occurs, the cost of providing such additional city services shall be borne by the applicant, and a deposit for such services shall be borne by the applicant, and a deposit for such services may be required as a condition to the issuance of the permit. (Ord. 89-14 (part); Ord. 87-3 § 8, 1987)

A. Prior to the issuance of any permit, the city clerk's office shall require that the applicant shall have obtained a comprehensive general liability insurance policy or policies in a form as approved by the city attorney, issued by an insurance company or companies, authorized to do business in the state of California, with coverage that includes the permitted activities and the location in which the filming or taping activities shall occur and any other area used by the applicant. The city, its officers and employees, shall be named as additional insureds on the policy or policies. The policy limits of the insurance policy or policies shall not be less than one million dollars per occurrence combined single limit for both bodily injury and property damage. The policy or policies shall also contain a provision that no termination, cancellation or change of coverage of insured or additional insured shall be effected until after ten days' notice thereof has been given in writing to the city clerk.

B. Each person to whom a permit is issued under this chapter shall agree to indemnify and hold harmless the city, its officers, agents and employees, from and against all damages to property or injuries to or death of any person or persons, including officers, agents and employees of the city, and shall defend, indemnify and save harmless the city, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kinds or nature, including, but not by way of limitation, workers' compensation claims of or by anyone whatsoever, in any way resulting from any act or omission of such person or such persons' officers, agents or employees.

C. Workmen's compensation insurance. The applicant shall provide proof of coverage of workmen's compensation insurance for all employees. (Ord. 89-14 (part); Ord. 87-3 § 9, 1987)

The applicant shall comply with any conditions or restrictions the city clerk's office may impose as a condition to issuing a permit pursuant to the provisions of this chapter when such conditions or restrictions relate to the provisions of this chapter. (Ord. 89-14 (part); Ord. 87-3 § 10, 1987)

The applicant shall 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 applicant shall be responsible for restoring any area damaged or disrupted before leaving the site. If the site is not repaired or restored to the city's satisfaction, the cost of such repair or restoration shall be reimbursed to the city by the applicant or paid from any bond deposited by the applicant. The city clerk's office may require the applicant to post a refundable performance bond at the time the permit is issued, for any reasonably anticipated possible cleanup or restoration costs. (Ord. 89-14 (part); Ord. 87-3 § 11, 1987)

The Montague Municipal Code is current through Ordinance 21-04, passed August 5, 2021.

Disclaimer: The city clerk’s office has the official version of the Montague Municipal Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above.

City Telephone: (530) 459-3030

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