Petaluma Municipal Code Ch. 13.40 Permits for Motion Picture and Television Production

This chapter shall be known and may be cited as the "Petaluma Film Permit Ordinance." (Ord. 1617 NCS §1, 1985.)

It is the purpose of this chapter to provide for rules governing the issuance of permits for Llming activities on

location within the city. The intent of this chapter is to ensure that motion picture, television, commercial and

nontheatrical Llming companies will be encouraged to use locations for Lling activities within the city so long as

those activities are consistent with the public health and safety and the protection of property. (Ord. 1617 NCS §1,

1985.)

As used in this chapter:

A. "City manager" means the city manager of the city of Petaluma or his designee.

B. "Filming activity" means the Llming, video taping, photographing or other similar process conducted for the

making of motion pictures, television programs, commercial and nontheatrical Llm productions.

C. "Film permit" means written authorization from the city manager to conduct the Llming activity described in

the permit.

D. "News purposes" means a Llming activity conducted for the purpose of reporting on persons or events which

are in the news for television and other news services.

E. "Studio" means a Lxed place of business where Llming activities are regularly conducted upon the premises.

(Ord. 1617 NCS §1, 1985.)

It is unlawful to conduct a Llming activity as deLned in Section 13.40.030(B) without Lrst obtaining a Llm permit

from the city manager. (Ord. 1617 NCS §1, 1985.)

The provisions of this chapter shall not apply to any of the following activities:

A. Film activities conducted for news purposes as deLned in Section 13.40.030(C);

B. Filming activities conducted in a studio as deLned in Section 13.40.030(D);

C. Filming activities conducted for use in a criminal investigation or court civil or criminal proceeding.

(Ord. 1617 NCS §1, 1985.)

A. Applications for a Llming permit must be Lled with the city manager’s oNce at least Lve business days in

advance of the time that the proposed Llming activity is to commence.

B. Application deadlines may be waived for good cause by the city manager if there is suNcient time remaining

to process the application, and for the city to prepare for the requested Llming activity.

(Ord. 1617 NCS §1, 1985.)

Permit application shall be on a form furnished by the city manager. Such form shall request the following

information:

A. Name, business address and telephone number of applicant;

B. Location(s) and approximate daily call times of proposed Llming activity;

C. Description of scenes to be Llmed including details of any stunts, chase scenes, pyrotechnics or special

eOects;

D. Name of person in charge on location;

E. Proof of permission to Llm on private property within city. If such proof is not available at the time the

application is submitted, it can be subsequently Lled by the applicant prior to the city’s issuance of the Llm permit;

F. Description of all vehicles which will be parked on city streets during Llming activities and a parking plan;

G. Such other information as the city manager may require to determine whether to grant a Llm permit under

this chapter.

(Ord. 1617 NCS §l, 1985.)

A. The application shall be approved or denied within two business days of receipt of the application. The Llm

permit shall be approved by the city manager unless he determines from consideration of the application or other

pertinent information, that any of the following conditions exist:

1. The Llming activity will substantially disrupt the use of a street at a time when it is usually subject to

traNc congestion, or interfere with the operation of emergency vehicles in the proposed permit area;

2. The location of the Llming activity will substantially interfere with street maintenance work, or a

previously authorized excavation permit;

3. The proposed permit location is on city-owned property and the Llming activity will substantially

interfere with municipal functions or other previously authorized activities on city property;

4. The Llming activity creates a substantial risk of injury to persons or property;

5. The applicant failed to complete the application after being requested to do so, or the information

contained in the application is found to be false in any material detail;

6. The particular Llming activity would violate federal, state or local law including license/permit

requirements.

B. When the grounds for permit denial can be corrected by imposing reasonable permit conditions, the city

manager shall impose such conditions rather than denying the permit.

(Ord. 1617 NCS §1, 1985.)

The city manager may condition the issuance of a Llming activity permit by imposing reasonable requirements

concerning the time, place and manner of Llming activities including but not limited to the following:

A. Requirements for the presence of city police department, Lre department or public works department

employees when required for the particular Llming activity at the applicant’s expense;

B. Requirements concerning posting of no parking signs and placement of other traNc control devices at the

applicant’s expense;

C. Restrictions on the use of gunLre, explosions and other noise-creating or hazardous devices;

D. Restrictions on hours of Llming activity;

E. Requirements concerning notice to aOected property owners of the Llming activity.

(Ord. 1617 NCS §1, 1985.)

A. A permit application processing fee in an amount established by city council resolution shall be paid by the

applicant at the time the application is Lled.

B. A schedule of fees for city services and use of city property shall be established by city council resolution. The

applicant shall prepay such fees prior to issuance of the Llm permit.

(Ord. 1617 NCS §1, 1985.)

Upon reasonable notice by the permittee in advance of the Llming activity, the city manager is authorized to

change the date for which the Llm permit has been issued without requiring a new application or application fee.

(Ord. 1617 NCS §1, 1985.)

A. The applicant for a Llm permit must possess or obtain liability insurance to protect against loss from liability

imposed by law for damages on account of bodily injury and property damage arising from the Llming activity.

Such insurance shall name on the policy or by endorsement as insureds the city of Petaluma, its oNcers,

employees and agents. Insurance coverage must be maintained for the duration of the Llming activity.

Coverage shall be provided by a comprehensive general liability insurance policy in the amount and scope of

coverage prescribed by the city council resolution.

B. A copy of the policy or a certiLcate of insurance along with all necessary endorsements must be Lled with the

city not less than three business days prior to the Llming activity unless the city manager for good cause waives

the Lling deadline.

C. Proof of insurance coverage as speciLed in subsections A and B of this section must be veriLed by the city

prior to issuance of a Llm permit by the city manager.

(Ord. 1617 NCS §1, 1985.)

A. Prior to the issuance of the Llm permit, the permit applicant must sign an agreement to reimburse the city of

Petaluma for any costs incurred to repair or replace city property which is damaged as the result of the Llming

activity.

B. The agreement shall also provide that the permittee shall defend, indemnify, and hold harmless the city, its

oNcers, agents or employees from all claims and liability of any kind whatsoever resulting from or arising out of

the Llming activity or issuance of the Llm permit.

(Ord. 1617 NCS §l, 1985.)

A. Each permittee shall comply with all terms and conditions of the permit. Failure to comply with all permit

terms and conditions is grounds for permit revocation by the city manager.

B. Each permittee shall clean and restore all city-owned property utilized during the Llming activity to the same

condition as existed prior to the Llming.

C. The person in charge of the Llming activity shall retain a copy of the Llm permit on location.

(Ord. 1617 NCS §l, 1985.)

The permit applicant may appeal a permit denial, permit condition or permit revocation, or refusal to waive a

deadline, under this chapter by Lling an appeal, within Lve days of the date of the city manager’s decision, with the

city clerk. The appeal shall be heard by the city council at its next regular meeting. (Ord. 1617 NCS §l, 1985.)

The violation of any provision of this chapter is an infraction. Such violations may also be addressed in a civil

action. (Ord. 1617 NCS §l, 1985.)