Chapter 12.36 — FILM PERMIT PROCESS

"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 camera operators.

"Permit fee" shall mean the fee charged for the actual processing of a film permit on either private or public property.

"User fee" shall mean the fee charged for use of public property for filming purposes. (Ord. 1524 § 1; Ord. 1592 § 1)

• A. Permit Required. 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 City of Oroville.

• B. Exemptions.

  1. News Media. The provisions of this chapter shall not apply to or affect reporters, photographers or camera operators 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;

  3. Cable Access Corporation. The filming or video taping by any cable access corporation;

  4. Public Entities. The filming or video taping by a public entity on its own premises or property.

• C. Charitable Films. An applicant or project which qualifies under Section 501(c)(3) of the Internal Revenue Code as a charity, must provide the city with documentation of such charitable status. If proven, they may apply for and receive a "no fee" permit, provided the applicant or project complies with all other provisions of this chapter.

• (Ord. 1524 § 1; Ord. 1592 § 1)

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City of Oroville, CA

STREETS, SIDEWALKS, AND PUBLIC PLACES

§ 12.36.030

§ 12.36.040

• A. Issuing Authority. The issuing authority shall be the city administrator or designee.

• B. Applications. Applicants shall be required to complete an application form prescribed by the city administrator. The application shall include information deemed necessary by the director of finance.

• C. Fees. Permit fees shall be imposed which reasonably reflect the city's actual permit processing costs. Public property use fees shall be imposed which reasonably reflect actual costs to the city incurred by the use of the public property.

• D. Reimbursement for Personnel. The production company shall reimburse the city for any personnel provided to the company (i.e., police, fire, traffic) at city's expense for the purpose of assisting this production.

• (Ord. 1524 § 1; Ord. 1592 § 1)

• A. 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 permit issue date provided established limitations are complied with in respect to time and location.

• B. Rules. The city administrator or his/her designee is hereby authorized and directed to promulgate rules and regulations, subject to approval by resolution of the council, governing the form, time and location of any film activity set forth within the city. The issuing authority shall also provide for the issuance of permits. The rules and regulations are as follows:

  1. Advance Notice for Approval. An applicant will be required to submit a permit request at least 3 working days prior to the date on which such person desires to conduct an activity for which a permit is required. If such activity interferes with traffic or involves potential public safety hazards, an application may be required at least 5 working days in advance.

  2. Clean Up. The permittee shall conduct operations in an orderly fashion with continuous attention to the storage of equipment not in use and the clean up of trash and debris. The area used shall be cleaned of trash and debris upon completion of shooting at the scene and restored to the original condition before leaving the site.

  3. Filming on Private Property. An applicant is required to obtain and show proof prior to the issuance of a permit of the property owner's permission, consent and/or lease for use of property not owned or controlled by the city.

  4. Flood Control. Applicants must obtain appropriate permits from the Butte County Flood Control District or the United States Army Corps of Engineers when filming in a flood control channel. An applicant must vacate a channel when a permit indicates that they do so because of water releases. When filming in or on flood control properties, the permitting agency must be named as an additional insured on the liability insurance certificate.

  5. Public Works Departments (Roads and Streets). Applicant shall obtain permission from the city if applicant must park equipment, trucks and/or cars in zones that do not normally permit parking. Applicant shall be responsible for posting all signs,

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City of Oroville, CA § 12.36.040

OROVILLE CODE

§ 12.36.050

delineations, barricades, etc., where required by the city in order to accommodate such parking. Applicant must obtain permission from the city to string cable across sidewalks or to run cable from a generator to a service point. Applicant shall not block driveways without obtaining written permission from the property owner.

6. Traffic Control. For filming that will impair traffic flow, applicant shall use California Highway Patrol, Butte County sheriff or local law enforcement personnel to assist in traffic control and shall comply with all traffic control requirements.

• a. Applicant shall furnish and install advance warning signs and any other traffic control devices in conformance with the Work Area Traffic Handbook. All appropriate safety precautions shall be taken.

  • b. Upon approval from city, traffic may be restricted to one 23-foot lane of traffic and/or stopped intermittently. The period of time that traffic may be restricted will be determined by city based on location.

  • c. Traffic shall not be detoured across a double line without prior approval of the appropriate department representative.

  • d. Unless authorized by city and/or the local law enforcement agency, the camera cars shall be driven in the direction of traffic and must observe all traffic laws.

  • e. Any emergency road work or construction by city or county crews and/or private contractors, under permit or contract to the appropriate department, and all emergency vehicles shall have priority over filming activities.

  • f. Parking Lots. When parking in a parking lot, applicant may be billed according to the current rate schedule established by city. In order to assure the safety of citizens in the surrounding community, access roads which serve as emergency service roads must never be blocked.

• (Ord. 1524 § 1; Ord. 1592 § 1)

• A. Liability Insurance. Before a permit is issued, a certificate of insurance will be required in an amount not exceeding one million dollars naming city as an additionally insured party 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 30 days actual written notice to city. A copy of the certificate shall be filed with the city administrator.

• B. Workers' Compensation Insurance. Applicant shall conform to all applicable federal and state requirements for workers' compensation insurance for all persons operating under a permit.

• C. Hold Harmless Agreement. Applicant shall execute a hold harmless agreement as provided by city prior to the issuance of a permit under this chapter.

• D. Faithful Performance Bond. To ensure cleanup and restoration of the site, applicant may be required to post a refundable faithful performance bond (amount to be determined) at the time an application is submitted. Upon completion of filming and upon cleanup and restoration of the site to the satisfaction of city, the bond shall be returned to the applicant.

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City of Oroville, CA

STREETS, SIDEWALKS, AND PUBLIC PLACES

§ 12.36.050

§ 12.36.060

• (Ord. 1524 § 1; Ord. 1592 § 1)

If applicant violates any provision of this chapter or a permit issued pursuant thereto, the City of Oroville may cancel the permit. Violation of the terms and conditions of a film permit or of any provision of this chapter is punishable as a misdemeanor.

(Ord. 1524 § 1; Ord. 1592 § 1)

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City of Oroville, CA

STREETS, SIDEWALKS, AND PUBLIC PLACES

§ 12.40.010

§ 12.40.050