Sebastopol Municipal Code Ch. 5.50 Film Permit

This chapter shall be known and may be cited as the “Sebastopol Film Permit Ordinance.”

It is the purpose of this chapter to provide for rules governing the issuance of permits for filming activities on location within the City. The intent of this chapter is to ensure that motion picture, television, commercial and nontheatrical filming companies will be encouraged to use locations for filming activities within the City so long as those activities are consistent with the public health and safety and the protection of property.

“City Manager” shall mean the City Manager of the City of Sebastopol or his designee.

“Film permit” shall mean written authorization from the City Manager to conduct filming activity described in the permit.

“Filming activity” shall mean the filming, videotaping, photographing, or other similar process conducted for the making of motion pictures, television programs, commercial and nontheatrical film productions and all activities associated with same.

“News purposes” shall mean a filming activity conducted for the purpose of reporting on persons or events which are in the news for television and other news services.

“Studio” shall mean a fixed place of business where filming activities are regularly conducted upon the premises.

It is unlawful to conduct a filming activity as defined in SMC 5.50.030 without first obtaining a film permit from the City Manager.

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

A. Film activities conducted for news purposes as defined in SMC 5.50.030.

B. Filming activities conducted in a studio as defined in SMC 5.50.030.

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

D. Private filming activities for personal purposes.

E. Filming activities conducted as part of an educational curriculum of high school, middle school, elementary school, or preschool students.

A. Applications for a filming permit must be filed with the City Manager’s office at least seven business days in advance of the time that the proposed filming activity is to commence, except in the CD Downtown Core Zone, where applications must be filed at least 15 days in advance of the proposed filming.

B. Application deadlines may be waived for good cause by the City Manager if there is sufficient time remaining to process the application, and for the City to prepare for the requested filming activity.

Permit application shall be on a form furnished by the City. 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 filming activity.

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

D. Name of person in charge on location.

E. Proof of permission to film on private property within City. If such proof is not available at the time the application is submitted, it can be subsequently filed by the applicant prior to the City’s issuance of the film permit.

F. Description of all vehicles, owned, leased, or to be used by the film production, which will be parked on City streets during filming activities and parking plan.

G. Students and Nonprofit Films. Students shall supply a written certificate from the school of their attendance which shall state that they are bona fide and currently enrolled students of the school. Nonprofit organizations shall supply a certificate stating that they are exempt and classified under Federal and State taxing statutes.

H. Such other information as the City Manager may require to determine whether to grant a film permit under this chapter.

A. The application shall be approved or denied within three business days of receipt of the application, except in the CD Downtown Core Zone, where applications shall be approved or denied within 10 business days of receipt. The film permit shall be reviewed by the City Manager. The permit shall be denied if the City Manager determines that any of the following conditions exist:

1. The filming activity will substantially disrupt the use of a street at a time when it is usually subject to traffic congestion, or interfere with the operation of emergency vehicles in the proposed permit area, or unreasonably block, impede or disrupt a public street, sidewalk or right-of-way.

2. The location of the filming activity will substantially interfere with street maintenance work, a previously authorized excavation permit, or other type of public works projects.

3. The proposed permit location is on City-owned property and the filming activity will substantially interfere with municipal functions, or other previously authorized activities on City property.

4. The filming 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 filming activity would violate Federal, State or local law including license/permit requirements.

7. The filming activity will create a substantial adverse impact on private residences or businesses.

8. The filming activity does not have the approval of at least two-thirds of affected business owners in nonresidential area, or property owners in residential area.

9. In the downtown core, the concerns of the Downtown Association cannot be adequately mitigated.

10. Other substantial adverse effects may result from the filming activity.

11. City staff has not been able to determine whether to approve the permit due to lack of sufficient information or time to evaluate.

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.

The City Manager may condition the issuance of a filming activity permit by imposing reasonable requirements concerning the time, place and manner of filming activities including but not limited to the following:

A. Requirements for the presence of Sebastopol Police Department, Fire Department, or Public Works Department employees when required for the particular filming activity at the applicant’s expense.

B. Requirements concerning posting of no parking signs and placement of other traffic control devices at the applicant’s expense.

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

D. Restrictions on hours of filming activity. Unless specifically approved by the City Manager, no filming activity shall occur in residential zoning districts or in a location within 150 feet of a residential dwelling unit between 8:00 p.m. and 7:00 a.m.

E. Requirements concerning notice to affected property owners, businesses, and residents of the filming activity.

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 filed.

B. A revision charge shall be established by City Council resolution for scheduling or location changes to an approved permit, except those caused by the City or by weather.

C. A penalty fee for violation of permit conditions shall be established by City Council resolution.

D. An appeal fee shall be set by City Council resolution.

E. A schedule of fees for City services, temporary parking signs and barricades and use of City property shall be established by City Council resolution. The applicant shall prepay such fees prior to issuance of the film permit.

Upon reasonable notice by the permittee in advance of the filming activity, the City Manager is authorized to change the date or location for which the film permit has been issued without requiring a new application, or a new application fee.

A. The applicant for a film permit must provide general liability coverage in the amount not less than $1 million, automobile liability in the amount of $1 million per accident for bodily injury and property damage and verification of workers’ compensation coverage with a waiver of subrogation. All insurance policies must be placed with a carrier that has an A.M. Best Rating of A: VII or better. In addition, the general liability and automobile insurance policies must name the City of Sebastopol, its officers, officials, employees and volunteers as additional insureds by endorsement. The endorsements must state that the insurance is primary and that the coverage shall not be canceled by either party except after 30 days’ prior written notice. The workers’ compensation coverage is to be endorsed with a waiver of subrogation. All insurance coverages must be maintained for the duration of the filming activity and have prior approval by the City Manager before commencement of the activity.

B. A copy of the policy or a certificate of insurance along with all endorsements must be filed with the City not less than three business days prior to the filming activity unless the City Manager for good cause waives the filming deadline.

C. Proof of insurance coverage as specified in subsections A and B of this section must be verified by the City prior to issuance of a film permit by the City Manager.

A. Prior to the issuance of the film permit, the permit applicant must sign an agreement to reimburse the City of Sebastopol for any costs incurred to repair or replace City property which is damaged as the result of the filming activity.

B. The agreement shall also provide that the permittee shall defend, indemnify, and hold harmless the City, its officers, agents, or employees from all claims and liability of any kind whatsoever resulting from or arising out of the filming activity or issuance of the film permit.

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 filming activity to the same condition as existed prior to the filming.

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

The permit applicant, or other interested person, may appeal a permit denial, approval, permit condition, or permit revocation or refusal to waive a deadline under this chapter by filing a written appeal and a nonrefundable appeal fee within five days of the date of the City Manager’s decision with the City Clerk. The appeal shall be heard by the City Council at the next regular meeting for which the item can be agendized.