Chapter 5.24
FILM PERMITS
Sections:
5.24.010 Short title.
5.24.020 Purpose.
5.24.030 Definitions.
5.24.040 Permit required.
5.24.050 Permit exemptions.
5.24.060 Deadline for filing application.
5.24.070 Application submittal requirements.
5.24.080 Permit approval/denial.
5.24.090 Permit conditions.
5.24.100 Fees.
5.24.110 Change of filming date.
5.24.120 Insurance.
5.24.130 Indemnification and liability.
5.24.140 Duties of permittee.
5.24.150 Appeals.
5.24.160 Violations—Penalties.
5.24.010 Short title.
This chapter shall be known and may be cited as the “St. Helena Film Permit Ordinance.” (Ord. 00-8 § 1 (part): prior code § 21.1)
5.24.020 Purpose.
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. (Ord. 00-8 § 1 (part): prior code § 21.2)
5.24.030 Definitions.
As used in this chapter:
“City manager” means the city manager of the city of St. Helena or his or her designee.
“Filming activity” means setup, teardown or striking of any sets, filming, video taping, photographing, or other similar process attendant to the making of motion pictures, television programs, commercial and nontheatrical productions, and advertisements.
“Film permit” means written authorization from the city manager to conduct the filming activity described in the permit.
“News purposes” means a filming activity conducted for the purpose of reporting spontaneous unplanned news by reporters, photographers or camera operators.
“Studio” means a fixed place of business where filming activities are regularly conducted upon the premises.
“Traffic control” means intermittent or continuous lane or road closures and/or diversion of traffic or parking. (Ord. 00-8 § 1 (part): prior code § 21.3)
5.24.040 Permit required.
It is unlawful to conduct a filming activity as defined in Section 5.24.030 without first obtaining a film permit from the city manager. (Ord. 00-8 § 1 (part): prior code § 21.4)
5.24.050 Permit exemptions.
The provisions of this chapter shall not apply to any of the following activities:
A. Film activities conducted for news purposes as defined in Section 5.24.030;
B. Filming activities conducted in a studio as defined in Section 5.24.030;
C. Filming activities conducted for use in a criminal investigation or court civil or criminal proceeding;
D. Filming activities determined by the city manager to have little or no impact on residents, businesses or city services. (Examples: (1) filming or videotaping solely for private family use; (2) filming activity as part of an educational curriculum of St. Helena area schools.) (Ord. 00-8 § 1 (part): prior code § 21.5)
5.24.060 Deadline for filing application.
Applications for a film permit requiring no traffic control must be filed with the city manager’s office at least three business days in advance of the time that the proposed filming activity is to commence. Applications for a film permit requiring traffic control, must be filed with the city manager’s office at least, two weeks in advance of the time that the proposed filming activity is to commence.
In exceptional circumstances, application deadlines may be waived for good cause by the city manager. (Ord. 00-8 § 1 (part): prior code § 21.6)
5.24.070 Application submittal requirements.
A permit application shall be on a form furnished by the city manager. Such form shall require the applicant to provide the following:
A. Name, business address, and telephone number of applicant;
B. Name, business address and telephone number of person in charge on location;
C. Location(s) and approximate daily call times of the proposed filming activity. Unless otherwise allowed by the city manager for good cause, the filming shall be restricted to Tuesdays, Wednesdays, Thursdays and nonholidays, shall not conflict with crush or the Wine Auction, shall not be allowed from the day before Thanksgiving to January 2nd, nor last for more than three consecutive days in one location;
D. Description of scenes to be filmed including details of any stunts, action, chase scenes, pyrotechnics, or special effects;
E. A traffic plan showing any scheduled street closures, traffic closures, and how traffic will be routed around the filming activity;
F. Description and location of all vehicles which will be parked on city streets during filming activities;
G. A parking plan showing the location of off street parking to be utilized by the film and support crews;
H. A publicity plan detailing where and when notices of the filming will be posted, published, and delivered by the film company to affected business owners and residents. At least forty-eight (48) hours prior to filming, notices must be received by affected business owners and residents, posted at the filming location, and, if required by the city manager, published in the St. Helena Star or the Napa Valley Register;
I. A statement from the applicant that adjacent merchants and residents were contacted and were asked for permission for any filming activity and identifying any businesses and residents affected by the filming activity. The statement will identify the affected businesses and residences, if any, that do not support the filming activity;
J. Written permission by the property owner to film on private property within the city;
K. Students and Nonprofit Films. Students shall supply a written certificate from the school of their attendance which shall state that they are bonafide 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;
L. Such other information as the city manager may require to determine whether to grant a film permit under this chapter. (Ord. 00-8 § 1 (part): prior code § 21.7)
5.24.080 Permit approval/denial.
A. Where no traffic control is required, the application shall be approved or denied within three business days of receipt of the application completed pursuant to Section 5.24.070. Where traffic control is required, the application shall be approved within seven business days of receipt of the application completed pursuant to Section 5.24.070. The film permit shall be approved by the city manager unless he or she determines from consideration of the application or other pertinent information 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.
2. The location of the filming activity will substantially interfere with street maintenance work or a previously authorized excavation permit.
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 filming activity would permanently alter or destroy any existing building, landscaping or public improvement in the city.
6. 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.
7. The particular filming activity would violate federal, state or local law including license or permit requirements.
8. The filming activity does not have the approval of a majority of affected business owners in nonresidential areas, or property owners in residential areas.
9. In the downtown core, the concerns of the Chamber of Commerce cannot be adequately mitigated.
B. When the grounds for permit denial can be corrected by imposing reasonable permit conditions, the city manager shall impose such conditions rather than deny the permit. (Ord. 00-8 § 1 (part): prior code § 21.8)
5.24.090 Permit conditions.
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 St. Helena 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 by the applicant 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 for a good cause, no filming activity shall occur in residential zoning districts or in a location within one hundred fifty (150) feet of a residential dwelling unit between nine p.m., and seven a.m.;
E. Unless otherwise allowed by the city manager for good cause, the filming shall be restricted to Tuesdays, Wednesdays, Thursdays and nonholidays, shall not conflict with the Wine Auction, shall not be allowed from the day before Thanksgiving to January 2nd, nor last for more than three consecutive days in one location;
F. Requirements concerning notice to affected property owners of the filming activity;
G. Requirements as to the temporary nature of any changes to existing storefronts, landscaping, signage or public improvements (i.e., street signs);
H. Requirements concerning publication of filming dates and locations in the St. Helena Star or Napa Valley Register;
I. Encroachment permit as required by the California Department of Transportation or the city. (Ord. 00-8 § 1 (part): prior code § 21.9)
5.24.100 Fees.
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 schedule of fees for city services 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.
C. A refundable cash deposit, in an amount determined by the city manager but not more than ten thousand dollars ($10,000.00), shall be posted with the city to cover any unanticipated costs incurred by the filming activity. Such deposit shall be refunded (minus applicable charges, penalties, and fines) within thirty (30) days after the filming activity has concluded. (Ord. 00-8 § 1 (part): prior code § 21.10)
5.24.110 Change of filming date.
Upon reasonable notice by the applicant in advance of the filming activity, the city manager is authorized to change the date for which the film permit has been issued without requiring a new application or application fee, provided sufficient notice can be provided to affected business owners, residents and, if necessary, the general public. (Ord. 00-8 § 1 (part): prior code § 21.11)
5.24.120 Insurance.
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 and endorsement as insured the city of St. Helena, its officers, employees and agents. The applicant shall also provide workers compensation insurance as required by the state of California. 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 prescribed by city council resolution. The insurance coverage afforded by the policy shall be primary and shall provide at a minimum the equivalent of insurance coverage provided by Insurance Service Office (ISO) comprehensive general liability insurance coverage.
The applicant shall conform to all applicable federal and state requirements for worker’s compensation insurance for all persons operating under a permit.
B. A copy of the policy or a certificate of insurance along with all necessary endorsements must be filed with the city prior to issuance of the film permit. (Ord. 00-8 § 1 (part): prior code § 21.12)
5.24.130 Indemnification and liability.
A. The film permit shall require the applicant to reimburse the city of St. Helena for any costs incurred to repair or replace city property, which is damaged as the result of the filming activity.
B. 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.
C. The city shall not be responsible for filming on private property or any fee arrangements between the private party and the filming company. (Ord. 00-8 § 1 (part): prior code § 21.13)
5.24.140 Duties of permittee.
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 immediate 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. (Ord. 00-8 § 1 (part): prior code § 21.14)
5.24.150 Appeals.
The permit applicant may appeal a permit denial, permit condition, or permit revocation or refusal to waive a deadline under this chapter by filing an appeal with the city clerk. The appeal shall be heard by the city council at its earliest regular meeting permitted by law. (Ord. 00-8 § 1 (part): prior code § 21.15)
5.24.160 Violations—Penalties.
The violation of any provision of this chapter or permit condition shall be an infraction which shall be punished by a fine in an amount established by resolution of the city council. Each day a violation continues shall be a separate offense. In addition, the applicant shall be subject to a civil penalty of up to one thousand five hundred dollars ($1,500.00) for each violation in an amount determined by the city manager based on findings concerning the nature, circumstances, extent and gravity of the violation; the extent to which the violation was wilful or intentional and the extent to which city enforcement costs are reimbursed. The civil penalty may be deducted from any deposit made by the applicant. Such violations may also be addressed in a civil action. (Ord. 00-8 § 1 (part): prior code § 21.16)