Chapter 5.19
REGULATIONS FOR MOTION PICTURE AND TELEVISION FILMING
Sections:
5.19.020 Permits and exceptions.
5.19.030 Rules and regulations.
5.19.040 Applicants and issuance.
5.19.050 Liability provisions.
5.19.010 Purpose.
The purpose of this section is to provide for and regulate activities related to motion picture, and television film production. (Ord. 97-17, 10-28-1997)
5.19.020 Permits and exceptions.
A. Permit Required. No person shall use any public or private property, facility or residence for the purpose of taking commercial motion pictures or television filming without first applying for and receiving a permit from the officer designated by the City.
B. Exemptions.
1. News Media. The provisions of this section 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.
2. Private Family Use. The filming or videotaping of motion pictures solely for private family use.
3. Charitable Films. Projects for organizations which qualify under Section 501(c)(3) of the Internal Revenue Code. (Ord. 97-17, 10-28-1997)
5.19.030 Rules and regulations.
A. Change of Date. Upon the request of the applicant, the issuing authority shall have the power, upon 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 designated City officer (City Manager or his/her designee) is hereby authorized and directed to promulgate rules and regulations, subject to approval by resolution of the City Council, governing the form, time, and location of any film activity set forth within the City. The City Manager shall also provide for the issuance of permits. The rules and regulations shall be based upon the following criteria:
1. The health, welfare and safety of all persons;
2. Avoidance of undue disruption of all persons within the affected area, including local merchants/retailers;
3. The safety of property within the City; and
4. Traffic congestion at particular locations within the City. (Ord. 97-17, 10-28-1997)
5.19.040 Applicants and issuance.
A. Issuing Authority. The issuing authority shall be the City Manager or his/her designee.
B. Applications. The following information shall be included in the application:
1. The name of the owner, the address and telephone number of the place at which the activity is to be conducted;
2. The specific location at such address or place;
3. The inclusive hours and dates such activity will transpire;
4. A general statement of the character or nature of the proposed filming activity;
5. The name, address and telephone number of the person or persons in charge of such filming activity;
6. The exact number of personnel to be involved;
7. Use of any animals or pyrotechnics; and
8. The exact amount/type of vehicles/equipment to be involved.
C. Fees. No use fees are required, however, business license fees and rental fees of any community facilities, etc., as normally required for the conducting of business within the City.
D. Reimbursement for Personnel. The production company shall reimburse the City for any personnel provided to the company (i.e., police, fire, traffic/public works) for the purpose of assisting the production. (Ord. 97-17, 10-28-1997)
5.19.050 Liability provisions.
A. Liability Insurance. Before a permit is issued, a certificate of insurance shall be required in an amount exceeding $1,000,000 naming the City as an additional insured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage. The City officers and employees shall be named as additional insured. The certificate shall not be subject to cancellation or modification until 30 days after written notice to the City. A copy of the certificate will remain on file.
B. Workers’ Compensation Insurance. An applicant shall conform to all applicable Federal and State requirements for workers’ compensation insurance for all persons operating under a permit.
C. Hold Harmless Agreement. An applicant shall execute a hold harmless agreement as provided by the City prior to the issuance of a permit under this chapter.
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 time the application is submitted. Upon completion of filming and inspection of the site by the City, the bond may be returned to the applicant. (Ord. 97-17, 10-28-1997)
5.19.060 Violation.
If an applicant violates any provision of this chapter or a permit issued pursuant thereto, the City may cancel the permit. Violation of the terms and conditions of the film permit shall be a misdemeanor. (Ord. 97-17, 10-28-1997)
5.19.070 Filming regulations.
The following filming regulations shall be attached to all permits issued under this chapter:
A. Advance Notice for Approval. An applicant will be required to submit a permit request at least 10 working days prior to the date on which such person desires to conduct an activity for which a permit is required. If such activity interferes with traffic or involves potential public safety hazards, an application will be required at least 14 working days in advance.
B. Cleanup. 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 upon completion of shooting at the scene and restoration of the site to the original condition before leaving.
C. Filming on Private Property. An applicant is required to obtain the property owner’s permission, consent, and/or lease for use of property not owned or controlled by the City.
D. Public Works Department (Roads and Streets). If the applicant must park equipment, trucks, and/or cars in zones that will not permit it, temporary “No Parking” signs must be posted by the City. The applicant must also obtain permission to string cable across sidewalks, or from generator to service point.
E. Traffic Control. For filming that would impair traffic flow, an applicant must use local law enforcement personnel (City of Newman Police Department), California Highway Patrol (CHP), and/or County Sheriff and comply with all traffic-control requirements deemed necessary.
1. An applicant shall furnish and install advance warning signs and any other traffic-control devices in conformance with the “Manual of Traffic Controls, State of California, Department of Transportation.” All appropriate safety precautions must be taken.
2. Traffic may be restricted to one 12-foot lane of traffic and/or stopped intermittently. The period of time that traffic may be restricted will be determined by the City, based on location.
3. Traffic shall not be detoured across a double line without prior approval of the appropriate department representative.
4. Unless authorized by the City, the camera cars must be driven in the direction of traffic and must observe all traffic laws.
5. Any emergency road work or construction by City or County crews and/or private contractors, under permit or contract to the appropriate department, shall have priority over filming activities.
F. Parking Lots. When parking in a parking lot, an applicant may be billed accordingly to the current rate schedule, when established by the City. In order to assure the safety of citizens in the surrounding community, access roads which serve as emergency service roads must never be blocked. No relocation, alteration, or moving of structures will be permitted without prior approval.
G. Extended Filming. Should extended filming occur within the City’s downtown core, or near any other retail establishment, it shall be limited during regular retail business hours, as to not affect business trade. Continuous filming shall not occur longer than within a four hour block of time during regular business hours of 9:00 a.m. to 6:00 p.m. In addition, under no circumstances must local financial institutions be affected. (Ord. 97-17, 10-28-1997)