Woodside Municipal Code § 114.01 Title

This chapter shall be known and may be cited as the Woodside Film Permit Ordinance.

(Ord. 1992-453, effective 1-19-92)

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

(Ord. 1992-453, effective 1-19-92)

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

Film permit. Written authorization from the Town Planning Director to conduct the filming activity described in the permit.

Filming activity. The filming, videotaping, photographing, or other similar process conducted for the making of motion pictures, television programs, commercials and/or nontheatrical film productions.

News purposes. A filming activity conducted for the purpose of reporting on persons or events which are in the news for television and other news services, and related conduct protected under the state and federal constitutions such as free speech and free press.

Studio. A fixed place of business where filming activities are regularly conducted upon the premises.

Town Planning Director. The Town Planning Director of the Town or designee.

(Ord. 1992-453, effective 1-19-92)

(A) It is unlawful to conduct a filming activity as defined in this chapter without first obtaining a film permit from the Town Planning Director.

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

(1) Film activities conducted for news purposes as defined herein.

(2) Filming activities conducted in a studio as defined herein.

(3) Filming activities conducted for use in a criminal investigation, or court civil or criminal proceeding.

(Ord. 1992-453, effective 1-19-92)

(A) Deadline for filing.

(1) Applications for a filming permit must be filed with the Town Planning Director's Office at least ten business days in advance of the time that the proposed filming activity is to commence.

(2) Application deadlines may be waived for good cause by the Town Planning Director if there is sufficient time remaining to process the application, and for the Town to prepare for the requested filming activity.

(B) Application form. Permit application shall be on a form furnished by the Town Planning Director. Such form shall request the following information:

(1) Name, business address and telephone number and fax number of applicant.

(2) Location(s) and approximate daily call times of proposed filming activity.

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

(4) Name of person in charge on location.

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

(6) Description of all vehicles which will be parked on Town streets during filming activities and a parking plan.

(7) Other information as the Town Planning Director may require to determine whether to grant a film permit under this chapter.

(C) Fees and deposits. A permit fee in and deposit in amount established by Town Council Resolution shall be paid by the applicant at the time the application is filed.

(Ord. 1992-453, effective 1-19-92)

The application shall be approved/denied within seven business days of receipt of the completed application. The film permit shall be approved by the Town Planning Director unless he/she determines from consideration of the application or other pertinent information, that any of the following conditions exist, and cannot be properly mitigated by conditions to the permit:

(A) The filming activity will substantially disrupt the use of a street or right-of-way 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 unduly interfere with local business activity.

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

(C) The proposed permit location is on Town owned property and the filming activity will substantially interfere with municipal functions, or other previously authorized activities on Town property.

(D) The filming activity creates a substantial risk of injury to persons or property.

(E) 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.

(F) The particular filming activity would violate federal, state or local law including license/permit requirements.

(Ord. 1992-453, effective 1-19-92)

The Town Planning Director 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 Town employees, Sheriff's personnel or Fire District employees.

(B) Traffic and parking requirements 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.

(E) Requirements concerning notice to affected property owners of the filming activity.

(Ord. 1992-453, effective 1-19-92)

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

(Ord. 1992-453, effective 1-19-92)

(A) The applicant for a film permit must possess or obtain liability insurance to protect against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the filming activity. Such insurance shall name on the policy or by endorsement as insureds the Town, its officers, employees and agents. Insurance coverage must be maintained for the duration of the filming activity. Coverage shall be provided by a Comprehensive General Liability Insurance Policy in the amount required by the Town Planning Director.

(B) A copy of the policy or a certificate of insurance along with all necessary endorsements must be filed with the Town not less than three business days prior to the filming activity unless the Town Planning Director for good cause waives the filing deadline.

(C) Proof of insurance coverage as specified in divisions (A) and (B) above must be verified by the Town prior to issuance of a film permit by the Town Planning Director.

(Ord. 1992-453, effective 1-19-92)

(A) Prior to the issuance of the film permit, the permit applicant must sign an agreement to reimburse the Town for any costs incurred to repair or replace Town 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 Town, 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.

(Ord. 1992-453, effective 1-19-92)

(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 Town Planning Director.

(B) Each permittee shall clean and restore all Town 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.

(Ord. 1992-453, effective 1-19-92)

The permit applicant or any interested person may appeal a permit's granting, permit's denial, permit revocation or refusal to waive a deadline under this chapter by filing an appeal pursuant to the provisions of Chapter 36 of this Code.

(Ord. 1992-453, effective 1-19-92; Am. Ord. 2003-520, effective 10-23-03)

The violation of any provision of this chapter, shall be a misdemeanor, and any violations may also be addressed in a civil action.

(Ord. 1992-453, effective 1-19-92)