Tuolumne County Municipal Code Ch. 5.34 Filming Permit

Sections:

• 5.34.010

• Title.

• 5.34.020

• Purposes and Authority.

• 5.34.030

• Definitions.

• 5.34.040

• Permit – Required.

• 5.34.050

• Permit – Exemptions.

• 5.34.060

• Permit – Rules and Regulations.

• 5.34.070

• Permit – Application and Issuance.

• 5.34.080

• Liability Provisions.

• 5.34.090

• Permit – Violations.

and may be referred to in all proceedings as the “Tuolumne County Filming Permit Ordinance.”
(Ord. 2374 §1 (part), 2000).

is enacted pursuant to California Government Code Section 14999.21, for the purpose of regulating the making of motion pictures, television, and/or still photography for commercial purposes in the unincorporated areas of Tuolumne County upon county streets or on property or in buildings owned by the County of Tuolumne or under the jurisdiction of the County of Tuolumne. (Ord. 2374 §1 (part), 2000).

the following terms are used they shall have the meanings respectively ascribed to them in this section:

A. “Motion picture, television, and/or still photography” shall mean and include all activity attendant to staging or shooting commercial motion pictures, television shows or programs, and commercial advertisements.

B. “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, or by a theater company for purposes of advertising the run of a local production. 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.

C. “News Media” shall mean the filming or video taping for the purpose of spontaneous, unplanned television news broadcast by reporters, photographers or cameramen.

D. “Private-family Use” shall mean the filming or video taping of motion pictures solely for the purpose of private-family use.

E. “Student Filming Project” shall mean commercials, motion pictures, television, video tapes, or still photography produced by a student in the course of completing a school project.

F. “Still Photography” shall mean photography shot in conjunction with a commercial, motion picture, television show, video taping, and/or for use as commercial advertising. (Ord. 2374 §1 (part), 2000).

any public or private property under the jurisdiction of the County of Tuolumne, facility or residence for the purpose of taking commercial motion pictures or television pictures or still photography without first applying for and receiving a permit from the Community Development Department through the Tuolumne County Film Commission. In addition to the permit required in this section, the applicant may be required to obtain additional permits (i.e. use, environmental, building, pyrotechnics, special, etc.) as required by other statutes and county ordinances. (Ord. 2415 § 2 (part), 2001; 2374 §1 (part), 2000).

A. News Media. The provisions of this Chapter shall not apply to or affect reporters, photographers or cameramen 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.

B. Private-family Use. The provisions of this Chapter shall not apply to the filming or video taping of motion pictures solely for private-family use.

C. Charitable Films Projects. The provisions of this Chapter shall not apply to charitable films projects as defined in this Chapter.

D. Student Filming Project. The provisions of this Chapter shall not apply to commercials, motion pictures, television, video tapes, or still photography produced by a student in the course of completing a school project. (Ord. 2374 §1 (part), 2000).

A. Change of Date. Upon the request of the applicant, the Community Development Department through the Tuolumne County Film Commission shall have the power, upon a showing of good cause, to change the date for which the permit has been issued provided established limitations are complied with in respect to time and location.

B. Rules. The Community Development Department is hereby authorized and directed to promulgate rules and regulations governing the form, time, and location of any film activity set forth within the county. The Community Development Department shall also provide for the issuance of permits. The rules and regulations shall be based upon the following criteria:

The health and safety of all persons;

Avoidance of undue disruption of all persons within the affected area;

The safety of property within the county; and

Traffic congestion at particular locations within the county. (Ord. 2415 §3 (part), 2001; Ord. 2374 §1 (part), 2000).

A. Issuing Authority. The issuing authority shall be the Community Development Department through the Tuolumne County Film Commission.

B. Applications. The following information shall be included in the application:

The name of the owner, the address and telephone number of the place at which the activity is to be conducted;

The specific location at such address or place;

The inclusive hours and dates such activity will transpire;

A general statement of the character or nature of the proposed filming activity;

The name, address and telephone number of the person or persons in charge of such filming activity;

The exact number of personnel to be involved;

The use of any animals or pyrotechnics;

The exact amount/type of vehicles/equipment to be involved;

The description of any necessary set construction work to be done;

10. The description of any necessary road closures or traffic control measures to be done;

11. The name of any entity that will be providing food service during the shoot; and

12. The description of other public lands to be used during the shoot (i.e. Stanislaus National Forest, Bureau of Land Management, etc.).

C. Permit Fees. There may be a permit fee established by the board of supervisors.

D. Reimbursement for Use of County Personnel. The production company shall reimburse the county for any personnel provided to the company (i.e. sheriff, fire, traffic, etc.) for the purpose of assisting the production. (Ord 2415 §4 (part), 2001; Ord. 2374 §1 (part), 2000).

A. Liability Insurance. Before a permit is issued, a certificate of insurance will be required in an amount not exceeding $1,000,000 naming the county as a coinsured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage. The county officers and employees shall be named as additional insureds. The certificate shall not be subject to cancellation or modification until after thirty (30) days written notice to the county. A copy of the certificate shall be attached to the application for a permit and shall remain on file.

B. Worker's Compensation Insurance. An applicant shall conform to all applicable federal and State requirements for Worker's Compensation Insurance for all persons operating under a permit.

C. Hold Harmless Agreement/Waiver of Liability. An applicant shall execute a hold harmless agreement and/or a waiver of liability as provided by the county prior to the issuance of a permit under this ordinance.

D. Faithful Performance Bond. To ensure cleanup and restoration of the site, an applicant may be required to post a refundable faithful performance bond (amount to be determined at the sole discretion of the county) at the time application is submitted. Upon completion of filming and inspection of the site by the county, the bond may be returned to the applicant. (Ord. 2374 §1 (part), 2000).

violates any provision of this Chapter or of any permit issued pursuant thereto, the county may cancel the permit. Violation of the terms and conditions of the film permit and/or any provisions of this Chapter is considered a misdemeanor. (Ord. 2374 §1 (part), 2000).