Chapter 117 — FILMING AND VIDEO TAPING

The intent of this chapter is to provide requirements and procedures to facilitate filming and video taping within the city, to assure that such activity is consistent with the public health, safety and general welfare and the protection of property.

('65 Code, § 4-12.01) (Ord. 407-C.S., passed - - )

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

NEWS PURPOSES. The filming or video taping for television news broadcasting by reporters, photographers or cameramen in the employ of a newspaper, news service or similar entity, of news events concerning those persons, scenes, or occurrences which are in the news and of general public interest to be viewed within 24 hours. This does not include magazine or documentary programs.

STUDIOS. An established or fixed place of business where filming or video taping for motion pictures or television production is regularly conducted upon the premises. ('65 Code, § 4-12.02) (Ord. 407-C.S., passed - - )

The City Manager shall designate a Film Permit Coordinator who will be responsible for issuing film and video taping permits. The Film Permit Coordinator will be responsible for coordinating needed services between city departments to assist the permittee in fulfilling the requirements of the permit. The Film Permit Coordinator may also assign a designee to assist in the application review and permit issuing.

('65 Code, § 4-12.03) (Ord. 407-C.S., passed - - )

Except as otherwise provided in § 117.05 of this chapter, it shall be unlawful for any person to engage in the business or activity of filming, video taping or producing motion pictures on motion picture film or electronic video tape for public exhibition as motion pictures or for television, at any place in the city, other than at or in an established motion picture or television studio, without a permit from the Film Permit Coordinator. A copy of the permit must be posted on site during the entire time of the filming or video taping. The film site shall be open to inspection by city employees at any time during the preparation, shooting and strike.

('65 Code, § 4-12.04) (Ord. 407-C.S., passed - - ) Penalty, see § 10.99

The provisions of this chapter shall not apply to:

(A) The filming or video taping of motion pictures solely for private or family use.

(B) The filming or video taping of motion pictures for use in a criminal investigation, civil proceeding, and emergencies such as fires, floods, police actions, and the like.

(C) The filming, video taping or production of motion pictures for news purposes.

(D) Education, government and public access and local organization programs for cable television systems franchised within the city.

(E) Any other activity deemed in the public interest by the Film Permit Coordinator.

('65 Code, § 4-12.05) (Ord. 407-C.S., passed - - )

The Film Permit Coordinator shall develop an appropriate application form and furnish it to anyone who desires a film permit. ('65 Code, § 4-12.06) (Ord. 407-C.S., passed - - )

An applicant must submit a application at least two working days prior to the date on which such person desires to conduct filming activity, including preparation, shooting and strike days. If the activity interferes with traffic or involves road closures, stunts or special effects, an application must be submitted at least four working days in advance. Written authorization from all property owners where filming will occur shall be attached to the permit application. Permit application information may be given by the applicant to the city over the telephone.

('65 Code, § 4-12.07) (Ord. 407-C.S., passed - - )

The permit fee shall be established by resolution of the City Council. Subject to the approval of the City Manager, the Film Permit Coordinator shall prepare on an annual basis, to be revised as needed, a city service use fee schedule which shall set forth daily charges of all city services utilized in connection with such filming or video taping. The permit fee and minimum service use fees shall be collected before the approved permit is issued. The film company will be billed by the city for any service fees used over the minimum after the filming is completed. Payment of said fees is due within ten days of billing. In the event that weather conditions or other circumstances beyond the control of the applicant require that the date(s) or time(s) of the proposed filming or video taping be altered, no additional application or fees shall be required because of such alteration of the date(s) or time(s) so long as the Film Permit Coordinator is given reasonable notice of the alteration. ('65 Code, § 4-12.08) (Ord. 407-C.S., passed - - )

Fees for city-owned buildings and facilities used by applicants during their filming or video taping shall be established by City Council resolution. This fee shall be paid by the applicant to the Film Permit Coordinator before the permit is issued.

('65 Code, § 4-12.09) (Ord. 407-C.S., passed - - )

Before granting any permit pursuant to this chapter, the Film Permit Coordinator shall review the application and determine that such filming or video taping will not unreasonably interfere with the public health and safety or unreasonably endanger any property. The Film Permit Coordinator will also determine if special circumstances exist and may impose conditions to the issuance of the permit. Special conditions include:

(A) Noise. Filming activities which produce unusual noise such as gunfire, sirens, public address systems, bull horns, construction, or other loud noises, may be regulated to mitigate the effects of the activity.

(B) Aircraft. Aerial filming and/or helicopter landings are not permitted without explicit written permission from the City Manager in addition to any permits required from the Federal Aviation Administration. This written authorization shall be filed with the application.

(C) Public safety personnel. Police and/or fire personnel requirements shall be determined by those departments. The expense for the required personnel will be collected from the permittee according to the city service use fee schedule. Public safety employees shall enforce all city regulations and are employees of the city, not the permittee.

(D) Streets and sidewalks. The applicant must obtain approval from the Film Permit Coordinator to park equipment and vehicles in zones that do not permit parking, to park trucks over three tons on city streets between 7:00 p.m. and 7:00 a.m., and to string cable across sidewalks. The applicant must take reasonable safety precautions to ensure vehicle and pedestrian traffic will be adequately warned of any hazards.

(E) Traffic control. Any filming that will impair the normal flow of traffic must be authorized on the permit. Police officers shall be required of sufficient force to ensure the safety of the public and the permittee's employees. The permittee must obtain permission from the City Manager for any road closures. Restricted parking signs shall be posted by the Street Department, upon request from the applicant, at least 24 hours before filming is to begin. The expense for traffic control and street posting shall be collected from the permittee according to the city service use fee schedule.

(F) Clean-up. The permittee 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 site shall be returned to its original condition at the conclusion of filming before leaving the site. The applicant may be required to post a refundable bond, as determined by the city, to ensure cleanup and restoration of any public property.

('65 Code, § 4-12.10) (Ord. 407-C.S., passed - - ) Penalty, see § 10.99

• (A) It shall be the responsibility of the applicant to provide notification on a designated city form to the following affected persons:

(1) If filming outside at any time, all residents and businesses on both sides of the block within 200 feet of the site and all adjoining properties to the rear of the site.

(2) If filming in residential areas between 7:00 p.m. and 7:00 a.m., all residents on both sides of the block within 300 feet and all adjoining properties to the rear of the site.

(3) If filming activities will exceed two days including preparation, shooting and strike, all residents and business on both sides of the block within 300 feet of the site and all adjoining properties to the rear of the site.

(B) No notifications shall be required if filming or video taping is to take place at the Civic Auditorium.

(C) All notifications shall be completed 48 hours in advance of filming activities. Response to notification from affected persons shall be evaluated as part of the film application review.

(D) The Film Permit Coordinator may waive all or parts of the notification requirements with the approval of the City Manager.

('65 Code, § 4-12.11) (Ord. 407-C.S., passed - - ) Penalty, see § 10.99

The applicant shall, at its sole expense, provide the city with evidence of insurance for general liability and workers compensation benefits for accidents or injuries which occur or are sustained in the course of carrying out this activity. The insurance policy shall not be less than $1,000,000 combined single limit. The certificate of insurance must name the city as an additional insured.

('65 Code, § 4-12.12) (Ord. 407-C.S., passed - - )

The applicant shall agree to indemnify, defend and hold the city free and harmless from any and all liability, claims, damages or injuries to any person or property, including injury to the applicant's employees and all claims which arise from or are connected with the negligent performance of or failure to perform work or other obligations of the permitted activity, or are caused or claim to be caused by the negligent acts of the city, its agents or employees, and all expenses of investigating and defending against the same. ('65 Code, § 4-12.13) (Ord. 407-C.S., passed - - )

Minor additions, corrections or alterations to a permit shall be made available by way of application for an unlimited number of amendments, also known as “riders,” which shall be attached to the original permit in writing. However, a permit cannot be extended or amended by rider after the completion of the filming activity. Significant changes to the original permit shall require a new permit application.

('65 Code, § 4-12.14) (Ord. 407-C.S., passed - - )

Any permit issued pursuant to the terms of this chapter shall be subject to immediate suspension if it is found necessary for the protection of the public health, safety or general welfare. In the event of such a suspension, the Film Permit Coordinator shall within one working day cause to be served upon the permit holder a written statement containing the grounds for the suspension. The permit holder may appeal to the City Manager regarding the suspension. ('65 Code, § 4-12.15) (Ord. 407-C.S., passed - - )

• (A) The City Manager or his designee may revoke a film permit issued pursuant to this chapter under the following circumstances:

• (1) Where it is determined that the permittee violated or failed to comply with any of the applicable ordinances, resolutions, or regulations of the city;

(2) Where it is determined that the permittee violated or has failed to comply with any of the terms or conditions of the film permit;

• (3) Where it is determined that the film permit was granted pursuant to false or fraudulent information contained in the film permit application;

(4) Where it is subsequently determined that the filming activity will fail to meet the criteria enumerated in this chapter for granting a film permit; or

(5) Where it is determined that the preservation of the public health, safety and general welfare demand revocation of the permit.

(B) The decision of the City Manager or his designee to revoke a film permit shall be final.

('65 Code, § 4-12.16) (Ord. 407-C.S., passed - - )