Vallejo Municipal Code Ch. 7.95 Motion Picture Production, Television Production and Commercial Still…

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

(Ord. 1427 N.C. (2d) § 1 (part), 2000.)

A. "Motion picture production" or "television production" means and includes all activity attendant to staging or filming commercial motion pictures and television shows, programs or advertising.

B. "Commercial still photography" means and includes all activity attendant to staging or making commercial still photographs.

C. "Minor filming" means motion picture production, television production or commercial still photography far which no city services are necessary other than those already provided to any citizen in day to-day operations.

D. "Applicant" means the person, organization corporation, association or other entity applying for film permit within the meaning of this chapter.

E. "City" shall mean the city of Vallejo, municipal corporation.

F. "Film Permit" means written authorization from the city as provided for in this chapter to conduct motion picture production, television production or commercial still photography as described in the written authorization.

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

H. "Studio" shall mean a fixed place of business which motion picture production, television production or commercial still photography are regularly conducted within the city.

(Ord. 1427 N.C. (2d) § 1 (part), 2000.)

No person shall use any public property or facility the purpose of making any motion picture production, television production, or commercial still photography without first applying for and receiving a film permit therefore from the city manager. As used in this chapter "city manager" includes any city employee designed the city manager to perform the duties assigned to city manager under this chapter.

(Ord. 1427 N.C. (2d) § 1 (part), 2000.)

The provisions of this chapter do not apply to following:

A. Reporters, photographers, or camera persons the employ of a newspaper, news service, or similar entity engaged in on-the-spot broadcasting or recording of news events concerning those persons, scenes, occurrences which are in the news and of general public interest.

B. Any motion picture production, television production or commercial still photography:

1. At a studio located in the city;

2. For use in a criminal investigation or civil criminal court proceeding;

3. Conducted by or for the city; or

4. Conducted solely for private or family use and for noncommercial purpose, whether or not conducted by a paid professional photographer, so long as the attendant activity does not impede the use of or damage public property.

C. Minor filming when approved by the city manager.

(Ord. 1427 N.C. (2d) § 1 (part), 2000.)

The city manager shall provide for the issuance of film permits and the requirement for deposit of sufficient funds for any costs to be incurred by the city related to the motion picture production, television production or commercial still photography. The city manager may promulgate rules and regulations based upon the following considerations:

A. Traffic congestion;

B. The public health, safety and welfare;

C. The disruption of normal activities of persons;

D. The safety of property.

(Ord. 1427 N.C. (2d) § 1 (part), 2000.)

A. All applications for film permits shall be reviewed by the police department, fire department, public works department, risk manager and any other city department which may be affected by the activity set forth in the application. The city manager shall not issue any film permit until the above-mentioned review has been completed. The city manager may impose such conditions an the issuance and continued validity of any film permit as are reasonably necessary to protect public health, safety and welfare. The decision of the city manager shall be final and conclusive.

B. Applicants shall provide the city manager with copies of shooting scripts and location schedules or other reasonably satisfactory documentation thereof so that potential traffic, parking and public health, safety and welfare problems may be sufficiently analyzed and avoided.

(Ord. 1427 N.C. (2d) § 1 (part), 2000.)

A. No person shall engage in any motion picture production, television production or commercial still photography which would constitute a hazard to the public health, safety or welfare or interfere with or endanger the public peace or rights of owners or occupants of property to the quiet, peaceful and unmolested enjoyment of their property.

B. No city insignia, uniform, vehicle, equipment, personnel identified or identifiable as such may be used or filmed without the express written consent of the city manager. The issuance of a film permit does not constitute such consent.

(Ord. 1427 N.C. (2d) § 1 (part), 2000.)

The applicant for a film permit shall procure and maintain for the duration of the activity described in the film permit insurance in the farms, type, and amounts prescribed by the city's risk manager. Such insurance shall name the city and its officials, officers, employees and agents as additional insureds. Proof of coverage shall be provided to the city manager prior to commencement of any activity authorized by the film permit.

(Ord. 1427 N.C. (2d) § 1 (part), 2000.)

Prior to the issuance of a film permit, the applicant must agree in writing to comply with the film permit terms and conditions as specified therein and to indemnify, defend and hold harmless the city and its officials, officers, employees and agents for any claims, liability and/or damages arising out of the activity authorized by the film permit, including the failure to comply with any of the stated terms and conditions.

(Ord. 1427 N.C. (2d) § 1 (part), 2000.)

The provisions of this chapter are intended to supplement and be in addition to any other provisions of the Vallejo Municipal Code including, but not limited to, the provisions of Chapter 5.04 concerning business license taxes and the amounts due thereunder.

(Ord. 1427 N.C. (2d) § 1 (part), 2000.)

Each application for a film permit shall be accompanied by a nonrefundable fee established by resolution of the city council for the purpose of defraying the administrative costs incurred by the city far processing such application.

(Ord. 1427 N.C. (2d) § 1 (part), 2000.)

A. The city manager shall require a proof of notice to be filed with the film permit application. The applicant shall provide written notice to all occupants and owners of real property located within three hundred feet of the site of the proposed motion picture production, television production or commercial still photography, as determined by the most recent assessor's tax roll or as otherwise reasonably specified by the city manager. In the case of street closure or encroachment, notice shall also be given to occupants and owners of real property with no means of access to their property except for the affected street.

B. The written notice shall include the following information relating to the activity proposed in the application:

1. Time and date(s) of the proposed activity.

2. Hours of operation.

3. Specific location or address of activity.

4. Brief description of the activity.

5. Whether aircraft or other vehicles are involved.

6. Parking location of applicant's vehicles and equipment.

7. Whether or not the activity involves: camera or stunt vehicles; pyrotechnics, explosives or other special effects; firearms or replica firearms; amplified sound, night lighting or other annoying activities; traffic or parking restrictions; road closures.

8. Local contact person or other designee of the applicant permittee for the purpose of receiving comments and/or inquiries.

9. The proposed date of issuance of the permit.

10. The name and telephone number of the city manager or other designated city employee.

(Ord. 1427 N.C. (2d) § 1 (part), 2000.)

Upon reasonable notice by the permittee in advance of the activity authorized in the film permit, the city manager may authorize a change of date and/or location for which the film permit has been issued without requiring a new application or film permit. Any such change shah be noted on the face of the film permit and signed and dated by the city manager. No change in location shall be authorized under this section if the new location will alter the list of persons entitled to notice under Section 7.95.120.

(Ord. 1427 N.C. (2d) § 1 (part), 2000.)

A. Permittee shall reimburse the city for all costs related to any personnel, service and/or equipment provided to the permittee, including, but not limited to, personnel, service and equipment from the police, fire, and public works department, for the purpose of assisting the activity authorized by the film permit.

B. Should permittee violate the conditions specified in the film permit, it shall be responsible for any and all city costs in responding to any emergency or nuisance situation caused by such violation.

(Ord. 1427 N.C. (2d) § 1 (part), 2000.)