Chapter 9.62


9.62.010    Title.

9.62.020    Purpose.

9.62.030    Definitions.

9.62.040    Permit required.

9.62.050    Permit exemptions.

9.62.060    Application form.

9.62.070    Permit denial.

9.62.080    Permit conditions.

9.62.090    Fees.

9.62.100    Insurance.

9.62.110    Indemnification and liability.

9.62.120    Security deposit.

9.62.130    Duties of permittee.

9.62.140    Regulations.

9.62.150    Appeals.

9.62.160    Penalties.

9.62.010 Title.

This chapter shall be known and may be cited as the Capitola film permit ordinance. (Ord. 1048 § 2, 2021)

9.62.020 Purpose.

Consistent with the Uniform Film Permit Act, it is the purpose of this chapter to provide for rules governing the issuance of permits for filming activities on locations within the city. The intent of this chapter is to ensure that filming activities are consistent with the public health and safety and the protection of property and do not impose undue burdens upon public properties or private properties that may be directly or indirectly affected by noise, glare, public congregation, and other impacts associated with filming activities. It is the purpose of this chapter to regulate the time, place and manner in which such activities are conducted to only the extent reasonably necessary to preserve the public peace and safety. (Ord. 1048 § 2, 2021)

9.62.030 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

“City manager” means the city manager of the city of Capitola, or his/her designee.

“Commercial purposes” means the creation of a product for sale or generation of income, including the creation of an advertisement for an event, business, product or service.

“Film permit” means written authorization from the city manager to conduct the filming activity described in the permit.

“Filming activity” means filming, videotaping, photographing, or other similar process.

“News purpose” means filming activity conducted for newspapers, magazines, news services, broadcast stations, television or cable news shows, internet news programs, and similar news media, for the primary purpose of disseminating news, recent events, and other current, public affairs.

“Studio” means a fixed place of business where filming activities are regularly conducted upon the premises either indoors or outdoors. (Ord. 1048 § 2, 2021)

9.62.040 Permit required.

It is unlawful to conduct a filming activity for commercial purposes, or a filming activity where any member of the film, photography, or recording crew receives compensation for their work, without first obtaining a film permit from the city manager. (Ord. 1048 § 2, 2021)

9.62.050 Permit exemptions.

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

A. Filming activities conducted for news purposes.

B. Filming activities conducted in a studio.

C. Filming activities taking place on private property and completed in a single day between the hours of nine a.m. and ten p.m. (Ord. 1048 § 2, 2021)

9.62.060 Application form.

Permit application shall be on a form furnished by the city manager and shall include information about the proposed filming activity necessary to determine potential impacts to city services and the community. (Ord. 1048 § 2, 2021)

9.62.070 Permit denial.

The film permit shall be approved by the city manager unless he/she determines from consideration of the application or other pertinent information that any of the following conditions exist:

A. The filming activity will substantially disrupt the use of a public space at a time when it is usually subject to congestion, or interfere with the operation of emergency vehicles in the proposed permit area.

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

C. 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.

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

E. The applicant failed to complete the application, submit applicable fees, 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.

G. The filming activity creates a substantial nuisance.

H. The applicant has a failed to comply with permit conditions for prior permits. (Ord. 1048 § 2, 2021)

9.62.080 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. (Ord. 1048 § 2, 2021)

9.62.090 Fees.

The city council shall by resolution establish a schedule of fees for film permits. The amount of the fees established by the city council shall not exceed the reasonable costs incurred by the city for the processing of the application, the services to be provided by the city to the permittee and the use of the city property by the permittee. The fees shall be collected by the finance director and shall include:

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. Reimbursement for use of city property and services. A schedule of fees for use of city property shall be established by city council resolution. City services shall be reimbursed at the actual current cost of the service. The applicant shall prepay such fees prior to issuance of the film permit. (Ord. 1048 § 2, 2021)

9.62.100 Insurance.

The issuance of a film permit to a permittee shall be subject to the following conditions relating to insurance:

A. Before a permit is issued, the applicant must submit a certificate of insurance in an amount not exceeding one million dollars naming the city of Capitola as additional insured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage. Higher liability limits or separate aerial coverage shall be required for the use of helicopters and/or drones. City officers and employees shall also be named as additional insured. An applicant must provide evidence of insurance coverage that will not expire until the completion of all planned production activities, including the strike and restoration of all locations. A copy of the certificate will remain on file.

The city manager may change the scope and policy limits based upon recommendations given to the city by the city’s risk manager on such insurance matters.

B. The applicant shall conform to all applicable federal and state requirements for worker’s compensation insurance for all persons operating under a permit.

C. 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.

D. Proof of insurance coverage as specified in this section must be verified by the city prior to issuance of a film permit by the city manager. (Ord. 1048 § 2, 2021)

9.62.110 Indemnification and liability.

The issuance of a film permit to a permittee shall be subject to the following conditions relating to indemnification and liability:

A. Prior to the issuance of the film permit, the applicant must sign an agreement in a form approved by the city attorney agreeing to reimburse the city of Capitola 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, volunteers 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 except when caused by the willful act or sole negligence of the city, its officers, agents, volunteers or employees.

C. The city manager may require all of applicant’s employees, independent contractors, or other workers to sign an indemnification and release form.

D. The city manager may require additional indemnifications if the proposed film activity presents significant risk of harm to the city. (Ord. 1048 § 2, 2021)

9.62.120 Security deposit.

The city manager may require the applicant to submit a refundable security deposit to ensure cleanup and restoration of location sites. Upon completion of filming and inspection of the site by the city, if no verifiable damage has occurred, the security deposit shall be returned to the applicant. (Ord. 1048 § 2, 2021)

9.62.130 Duties of permittee.

The general duties of a permittee are as follows:

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, unless prior approval is received from the city manager to leave the city property in an “improved” condition.

C. The person in charge of the filming activity shall retain a copy of the film permit on location. (Ord. 1048 § 2, 2021)

9.62.140 Regulations.

The city manager is authorized to promulgate further rules regulating filming activity in the city. (Ord. 1048 § 2, 2021)

9.62.150 Appeals.

An appeal of any action under this chapter may be brought pursuant to Chapter 2.52 of this code. (Ord. 1048 § 2, 2021)

9.62.160 Penalties.

Any violation of the provisions of this chapter shall constitute an infraction. At the discretion of the city attorney, any additional violation committed within one year may be prosecuted as a misdemeanor. In addition to any other available remedies and penalties, said violation(s) shall be subject to the legal, equitable and administrative remedies and penalties provided for elsewhere in this code. (Ord. 1048 § 2, 2021)