TITLE VI—BUSINESS, PROFESSIONS AND TRADES
CHAPTER 6—ESTABLISHING PROCEDURES FOR MOTION PICTURE AND TELEVISION PRODUCTIONS
(Ord. 1160, eff. 5/18/1990)
Sec. 6900 DEFINITIONS.
a. Motion picture, television, still photography" shall mean and include all activity attendant to staging or shooting commercial motion pictures, television shows or programs, and commercials.
b. Charitable films" shall mean commercials, motion pictures, television, video tapes or still photography produced by a non-profit organization, which qualifies under Section 501(c)(3) of the Internal Revenue Code as a charitable organization. No person, directly or indirectly, shall receive a profit from the marketing and production of the film or from showing the films, tapes or photos.
c. News Media" shall mean the filming or video taping for the purpose of spontaneous, unplanned television news broadcast by reporters, photographers or cameramen.
Sec. 6901 PERMITS AND EXEMPTIONS.
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 pictures of commercial still photography without first applying for and receiving a permit from the officer designated by the city.
b. The following are exempt from the required permit:
1) News Media: The provisions of this Chapter 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) Local Commercials: Commercials which are produced for local businesses. These are very small productions, usually filmed entirely within a business property and usually involves one cameraman and assistant.
3) The filming or video taping of motion pictures solely for private-family use.
4) Charitable Films: Projects which qualify under Section 501(c)(3) of the Internal Revenue Code.
Sec. 6902 RULES AND REGULATIONS.
a. Change of Date: Upon the request of the applicant, City’s designated officer shall have the power, upon a 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 is hereby authorized and directed to promulgate rules and regulations, subject to approval by resolution of the Council, governing the form, time and location of any film activity set forth within the city. He/she shall also provide the issuance of permits. The rules and regulations shall be based upon the following criteria:
1. The health and safety of all persons;
2. Avoidance of undue disruption of all persons within the affected area;
3. The safety of property within the city;
4. Traffic congestion at particular locations within the city.
Sec. 6903 APPLICANTS AND ISSUANCE.
a. Designated City Officer: The city’s designated officer shall be the City Clerk or other assigned city representative.
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 of place;
3. The inclusive hours and dates such activity will transpire;
4. A general statement of the character or nature of the proposed film activity;
5. The name, address and telephone number of the person or persons in charge of such filming activity;
6. The name, address and telephone number of the person or persons responsible for film liaison and coordination with local government and private citizens.
7. The exact number of personnel to be involved;
8. Use of any animals or pyrotechnics;
9. The exact amount and type of vehicles and equipment to be involved.
c. Fees:
1. A permit application fee in an amount to be established by City Council resolution shall be paid by the applicant at the time the application is filed.
2. 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.
d. Reimbursement for Personnel: The production company shall reimburse the city for any personnel provided to the company (i.e. police, fire, traffic) for the purpose of assisting the production.
Sec. 6904 LIABILITY PROVISION.
a. Liability Insurance: Before a permit is issued, a certificate of insurance will be required in the amount of $1,000,000 and naming the city as a coinsured 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 insureds. The certificate shall be subject to cancellation or modification until after thirty days written notice to the city. A copy of the certificate will remain on file in the city clerk’s office.
b. Workers’ Compensation Insurance: A 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 ordinance.
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 application is submitted. Upon completion of filming and inspection of the site by the city, the bond may be returned to the applicant.
Sec. 6905 VIOLATION.
If an applicant violates any provision of this ordinance or a permit issued pursuant thereto, the city may cancel the permit. Violation of the terms and conditions of the film permit is considered a misdemeanor.