Rocklin Municipal Code Ch. 12.32 Filming Activities

It is the purpose of this chapter to provide rules governing the issuance of permits for filming activities on or using public property of the city. The intent of this chapter is to ensure that still photographers and motion picture, television, commercial and non-theatrical filming companies will be encouraged to use locations within the city for filming activities so long as those activities are consistent with public safety and the protection of property.

(Ord. 761 § 1 (part), 1997).

As used in this chapter:

A. "Applicant" means the person, organization, corporation, association or other entity applying for a permit to film in the city.

B. "Filming activity" means the staging, shooting, filming, videotaping, photographing, or other similar process conducted for the making of still photographs, motion pictures, television programs, commercial and nontheatrical film productions.

C. "Film permit coordinator" means the person designated by the city manager to issue film permits in the city.

D. "Film permit" means written authorization from the film permit coordinator to conduct the filming activity described in the permit.

E. "Fee schedule" means those fees and reimbursements for costs as adopted by resolution of the city council.

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

G. "Permittee" means the person, organization, corporation, association or other entity issued a film permit under this chapter.

H. "Public property" means any street, right-of-way, public trail or bikeway owned and maintained by the city, or any public park, building or other real property owned or leased by the city.

I. "Still photography" means and includes all activity attendant to staging or shooting commercial still photographs.

J. "Student filming activity" means filming activity conducted to fulfill a course requirement by a student enrolled at a public or private school.

(Ord. 761 § 1 (part), 1997).

An applicant shall obtain the private property owner's permission, consent, and/or lease for use of property not owned or controlled by the city, and shall comply with and be subject to all other provisions of state law and this code, including but not limited to any regulations or restrictions governing the use of the private property as may be applicable to the filming activity.

(Ord. 761 § 1 (part), 1997).

A. It is unlawful to conduct a filming activity on public property within the city without first obtaining a film permit from the film permit coordinator.

B. The film permit must be in the possession of the permittee at all times while on location in the city.

(Ord. 761 § 1 (part), 1997).

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 city street or substantially impede pedestrian or vehicular traffic thereon:

A. Filming activities conducted for news purposes;

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

C. Noncommercial filming activities conducted solely for private or family use;

D. Commercial still photography or staging thereof, when conducted to the exclusion of any other filming activity when the following conditions apply:

1. The still photography, or staging thereof, will not require the parking of more than two motor vehicles on any public street within the city;

E. Filming activities conducted by or for the city or for any public access or governmental programming channel;

F. Student filming activities conducted to fulfill a course requirement by a student enrolled at a public or private school.

(Ord. 761 § 1 (part), 1997).

A. Applications for a film permit shall be submitted to the film permit coordinator in accordance with the following minimum time frames:

1. A minimum of two business days in advance of the day the film activity is to begin; or

2. A minimum of four business days in advance of the day any traffic controls exceeding three minutes are proposed in association with the film activity; or

3. A minimum of ten business days in advance of any of the following activities proposed in association with the film activity: street closures, stunts, pyrotechnics, and/or special effects.

B. Applicants shall submit applications at the earliest advance date possible in order to facilitate coordination between city departments.

C. Upon showing of good cause, the film permit coordinator shall consider applications which are filed after the filing deadline if there is sufficient time for city staff to process and review the application and to prepare for the filming activity.

(Ord. 761 § 1 (part), 1997).

The permit application shall be on a form furnished by the city and signed by the applicant or agent thereof. Such application shall include, but not be limited to, the following information:

A. Name, address and telephone number of applicant;

B. Name, address and twenty-four hour telephone number(s) of person in charge of filming on location;

C. Filming location(s), dates and approximate daily call times of the filming activity;

D. Description of scenes to be filmed and/or diagrams of the site of filming, including details of any hazardous filming activity employing firearms, explosives, the use of open flame, other pyrotechnical effects, animals, use of amplified noise, stunts, filming of moving motor vehicles, watercraft and aircraft;

E. Description of the types and number of motor vehicles which will be parked on public streets, and description of any equipment to be placed on public property;

F. Evidence of adequate insurance certification as required by the city pursuant to Section 12.32.120;

G. Such other information, descriptions, diagrams and technical information as the film permit coordinator may require. The film permit coordinator may impose reasonable restrictions as may be necessary to ensure the filming activity does not adversely affect the public health, safety and welfare.

(Ord. 761 § 1 (part), 1997).

The application shall be promptly reviewed by the film permit coordinator. The film permit shall be denied if the film permit coordinator finds that any of the following will occur:

A. The filming activity will substantially disrupt the use of a public right-of-way or street at a time when it is usually subject to traffic congestion, or interfere with the operation of emergency vehicles.

B. The location of the filming activity will substantially interfere with a right-of-way or street maintenance work, or a previously authorized excavation permit.

C. The filming activity will substantially interfere with other previously authorized activities or contracts, or the safety of the public or employees on public property.

D. The filming activity will substantially interfere with ordinary municipal functions, or the scheduled maintenance of city buildings or grounds.

E. The filming activity will create a substantial risk of injury to persons or damage to property.

F. The filming activity will substantially disrupt the privacy and/or disturb the peace of individuals residing in the vicinity.

G. The applicant has 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.

H. The particular filming activity would violate federal or state law, or other applicable city ordinances, including licensing or permit requirements.

(Ord. 761 § 1 (part), 1997).

The film permit coordinator may impose reasonable conditions on the issuance of a film permit relating to the time, place, manner and duration of filming activities. The conditions shall be attached to the film permit and may include, but are not limited to, any of the following conditions:

A. Requirements for the presence of employees of the city or use of city property at the applicant's expense, when required for the particular filming activity;

B. Requirements concerning posting of no parking signs, placement of traffic control devices, and employment of traffic and crowd control monitors at the applicant's expense;

C. Requirements concerning posting of the outer boundaries of the filming activity, and providing advance notice to affected and/or adjacent property owners, residents and businesses;

D. Requirements concerning the cleanup and restoration of the public property used in the filming activity;

E. Restrictions concerning the use of city or other public agency employee services, vehicles and other equipment in the filming activity;

F. Requirements that the applicant pay all fees, and obtain all permits and licenses required for the filming activity under local, state and federal laws, including an encroachment permit, if necessary;

G. Restrictions on the use of firearms, explosions and noise-creating or hazardous devices;

H. Restrictions on the use of stunts involving pyrotechnics, open flame, vehicle crashes or other hazardous materials;

I. Requirements concerning cover-up of police, fire and other official uniforms worn by actors, when the actors are not on camera;

J. Restrictions concerning the use of city and other public agency logos, insignias, badges or decals for filming purposes;

K. Restrictions on the locations and/or daily hours the filming activity may be conducted within the city;

L. Requirements concerning the city's or other public agency's receipt of proper acknowledgment for any assistance provided in making feature, television or commercial productions;

M. Any other condition which the film permit coordinator deems necessary for the protection of the public health, safety and welfare, or which may be necessary to protect public and/or private property.

(Ord. 761 § 1 (part), 1997).

A. The applicant shall pay all applicable city permit fees including a film permit fee in the amount set by resolution of the council.

B. In addition to the above the applicant shall pay actual costs incurred by the city for providing employees (including overtime pay if applicable); equipment rental; facilities rental, utilities, and any similar type costs including but not limited to the following:

1. The cost of providing, erecting and moving barricades and/or signs;

2. The cost of providing and moving garbage or waste receptacles;

3. The cost of providing street sweeping and related cleanup activities;

4. The cost of providing personnel/equipment for security purposes;

5. Reimbursement to the city for facilities and/or utility charges shall be at rates established by the respective agency.

C. The city may require that a sum be deposited with the city to meet any or all of the above costs prior to the commencement of filming activities.

(Ord. 761 § 1 (part), 1997).

Upon reasonable written notice by the permittee in advance of the filming activity, the film permit coordinator is authorized to make changes, such as change the date for which the film permit has been issued and similar types of changes, without requiring a new application.

(Ord. 761 § 1 (part), 1997).

The applicant for a film permit shall procure and maintain for the duration of the filming activity such insurance in the forms, types and amount as may be prescribed by the city. The applicant shall request from the film permit coordinator limits of liability and all required forms prior to submitting the application, and shall submit all required and completed forms concurrent with the application.

(Ord. 761 § 1 (part), 1997).

The applicant shall agree in writing to comply with the terms and conditions of the film permit, which shall include an agreement to indemnify the city in a form approved by the city attorney.

(Ord. 761 § 1 (part), 1997).

If the applicant requests that the city authorize a street closure on the application, an encroachment permit or street closure permit may be required by the city in addition to the film permit, as determined by the city engineer.

(Ord. 761 § 1 (part), 1997).

During the filming of any special effect or stunt requiring the use of pyrotechnics or any material deemed hazardous, including but not limited to fireworks, open flames or explosives, the applicant shall obtain any required permits from the city fire and police departments.

(Ord. 761 § 1 (part), 1997).

A. Permit Revocation. The film coordinator may revoke the film permit if the permittee, or any agents, employees or contractors of the permittee fail to comply with the terms and conditions of the film permit, or any information contained in the permit application was false in any material detail.

1. Notice of the grounds for revocation of the film permit shall be provided in writing to the applicant or person in charge at the location of the filming activity.

2. Appeals of the permit revocation shall be conducted in the manner specified in Section 12.32.170.

B. Permit Suspension. A Rocklin police department officer or Rocklin fire department firefighter may suspend the film permit when the filming activity poses an immediate hazard to persons or property and the location manager will not, or cannot, prevent the hazard after being instructed to do so by a city official.

1. The grounds for the permit suspension shall be provided in writing to the permittee within one business day of the suspension.

2. Appeals of the permit suspension shall be conducted in the manner specified in Section 12.32.170.

(Ord. 761 § 1 (part), 1997).

The permit applicant or permittee may appeal a film permit denial, revocation, suspension, permit condition, insurance/fees requirement or the film permit coordinator's decision not to waive a deadline pursuant to the appeals procedures set forth in Chapter 12.01 of this title.

(Ord. 761 § 1 (part), 1997).

(Ord. No. 1096, § 3, 5-22-2018)