Chapter 7.40
PERMITS FOR MOTION PICTURE AND TELEVISION PRODUCTION
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Sections:
7.40.010 Title.
7.40.020 Purpose.
7.40.030 Definitions.
7.40.040 Permit required.
7.40.050 Permit exemptions.
7.40.060 Deadline for filing application.
7.40.070 Application submittal requirements.
7.40.080 Permit approval/denial.
7.40.090 Permit conditions.
7.40.100 Fees.
7.40.110 Change of filming date.
7.40.120 Insurance.
7.40.130 Indemnification and liability.
7.40.140 Duties of permittee.
7.40.150 Appeals.
7.40.160 Penalties.
7.40.010 Title.
This chapter shall be known and may be cited as the Sonoma film permit ordinance. (Ord. 97-10 § 1, 1997).
7.40.020 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. 97-10 § 1, 1997).\
7.40.030 Definitions.
A. "City manager" shall mean the city manager of the city of Sonoma or his/her designee.
B. "Filming activity" shall mean the filming, video taping, photographing, or other similar process conducted for the making of motion pictures, television programs, commercial and nontheatrical productions.
C. "News purposes" shall mean a filming activity conducted for the purpose of reporting on persons or events which are in the news for television and other news services.
D. "Studio" shall mean a fixed place of business where filming activities are regularly conducted upon the premises.
E. "Film permit" shall mean written authorization from the city manager to conduct the filming activity described in the permit. (Ord. 97-10 § 1, 1997).
7.40.040 Permit required.
It is unlawful to conduct a filming activity as defined in SMC 7.40.030(B) without first obtaining a film permit from the city manager. (Ord. 97-10 § 1, 1997).
7.40.050 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 SMC 7.40.030(C).
B. Filming activities conducted in a studio as defined in SMC 7.40.030(D).
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. (Ord. 97-10 § 1, 1997).
7.40.060 Deadline for filing application.
A. Applications for a filming permit 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.
B. Application deadlines may be waived for good cause by the city manager if there is sufficient time remaining to process the application, provide adequate public notice and for the city to prepare for the requested filming activity. (Ord. 97-10 § 1, 1997).
7.40.070 Application submittal requirements.
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. The permit shall restrict filming to Mondays, Tuesdays, Wednesdays, Thursdays and nonholidays and shall not conflict with scheduled plaza events. No filming shall be allowed from the day before Thanksgiving to January 2nd, nor shall any filming last for more than three consecutive days in one location, without the consent of the city council.
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 and how traffic will be routed around the filming activity. Intermittent traffic closures will be limited to not more than five minutes in duration.
F. Description 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 mailed by the film company to affected business owners and residents. Notices must be received by business owners and residents, posted at the filming location and published in the Sonoma Index‑Tribune at least 48 hours prior to filming.
I. A statement from the city manager’s designated film liaison for any filming activity in or adjacent to any city commercial or mixed use zone identifying any businesses affected by the filming activity and the means of compensation for any inconvenience or potential loss of revenue. The statement will identify the affected businesses, if any, that do not support the filming activity.
J. Written proof of permission to film on private property within the city. If such proof is not available at the time the application is submitted, it can be subsequently filed by the applicant prior to the city’s issuance of the film permit.
K. Such other information as the city manager may require to determine whether to grant a film permit under this chapter. (Ord. 97-10 § 1, 1997).
7.40.080 Permit approval/denial.
A. The application shall be approved/denied within two business days of receipt of the completed application. The film permit shall be approved by the city manager unless (s)he 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/permit requirements.
B. When the grounds for permit denial can be corrected by imposing reasonable permit conditions, the city manager shall impose such conditions rather than denying the permit. (Ord. 97-10 § 1, 1997).
7.40.090 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 Sonoma 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 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, in accordance with SMC 7.40.070(C).
E. Requirements concerning notice to affected property owners of the filming activity.
F. Requirements as to the temporary nature of any changes to existing storefronts, landscaping, signage or public improvements (i.e., street signs).
G. Requirements concerning publication of filming dates and locations in the Sonoma Index‑Tribune. (Ord. 97-10 § 1, 1997).
7.40.100 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 $10,000, shall be posted with the city to cover any unanticipated costs incurred by the filming activity. Such deposit shall be refunded (minus applicable charges and penalties) within 30 days after the filming activity has concluded. (Ord. 97-10 § 1, 1997).
7.40.110 Change of filming date.
Upon reasonable notice by the permittee 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. 97-10 § 1, 1997).
7.40.120 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 or by endorsement as insureds the city of Sonoma, 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 prescribed by city council resolution. The insurance coverage afforded by the policy shall provide at a minimum the equivalent of insurance coverage provided by insurance service office (ISO) comprehensive general liability insurance coverage.
B. A copy of the policy or a certificate of insurance along with all necessary endorsements must be filed with the city not less than three business days prior to the filming activity unless the city manager for good cause waives the filing deadline.
C. Proof of insurance coverage as specified in subsections (A) and (B) of this section must be verified by the city prior to issuance of a film permit by the city manager. (Ord. 97-10 § 1, 1997).
7.40.130 Indemnification and liability.
A. Prior to the issuance of the film permit, the permit applicant must sign an agreement to reimburse the city of Sonoma for any costs incurred to repair or replace city 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 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. 97-10 § 1, 1997).
7.40.140 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 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. 97-10 § 1, 1997).
7.40.150 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 within five days of the date of the city manager’s decision with the city clerk. The appeal shall be heard by the city council at its next regular meeting. (Ord. 97-10 § 1, 1997).
7.40.160 Penalties.
The violation of any provision of this chapter shall be an infraction which shall be punished by a fine in an amount established by resolution of the city council. Such violations may also be addressed in a civil action. (Ord. 97-10 § 1, 1997).