Chapter 5.50


5.50.010    Purpose and intent.

5.50.020    Definitions.

5.50.030    Permit required.

5.50.040    Permit exemptions.

5.50.050    Deadline for filing applications.

5.50.060    Application form.

5.50.070    Permit approval/denial.

5.50.080    Permit conditions.

5.50.090    Fees.

5.50.100    Change of filming activity date.

5.50.110    Insurance required.

5.50.120    Liability and indemnification.

5.50.130    Duties of permittee.

5.50.140    Street closures.

5.50.150    Pyrotechnics.

5.50.160    Permit revocation or suspension.

5.50.170    Appeals.

5.50.180    Penalties.

5.50.190    Severability.

5.50.010 Purpose and intent.

It is the purpose of this chapter to provide rules governing the issuance of permits for filming activities on location within the city. The intent of this chapter is to ensure that still photographers and 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 safety and the protection of property. (Ord. 2361 § 1, 11-2-99. 1990 Code § 5-13100.)

5.50.020 Definitions.

(a)    “Applicant” means the person, organization, corporation, association or other entity applying for a permit to film in the city of Fremont.

(b)    “City” means the city of Fremont as a municipal corporation and existing pursuant to the laws of the state of California.

(c)    “Filming activity” means the staging, shooting, filming, videotaping, photographing, or other similar process conducted for the making of still photographs, motion pictures, television programs, commercial and nontheatrical film productions.

(d)    “Film office” means the office designated by the city manager to coordinate filming and issue film permits in the city of Fremont.

(e)    “Film permit” means written authorization from the city’s representative designated by city manager to conduct the filming activity described in the permit.

(f)    “News purposes” means a filming activity conducted for the purpose of reporting on persons, events or scenes which are in the news for newspapers, television news, and other news media.

(g)    “Permittee” means the person, organization, corporation, association or other entity issued a film permit under this policy.

(h)    “Public street” means any street or road maintained by the city and located within the city limits.

(i)    “Still photography” means and includes all activity attendant to staging or shooting commercial still photographs.

(j)    “Student filming activity” means filming activity conducted to fulfill a course requirement by a student enrolled at a public or private school.

(k)    “Studio” means fixed place of business where filming activities are regularly conducted upon the premises. (Ord. 2361 § 1, 11-2-99. 1990 Code § 5-13101.)

5.50.030 Permit required.

It is unlawful to conduct a filming activity as defined in Section 5.50.020 within the city without first obtaining a film permit from the film office.

A permit is issued by the film office for the purpose of filming in the city of Fremont. This permit does not constitute or grant permission to use or occupy property not owned, leased or controlled by the city of Fremont. This permit must be in the possession of the permittee at all times while on location in Fremont.

An applicant shall obtain the private property owner’s permission, consent, and/or lease for use of property not owned or controlled by the city. (Ord. 2361 § 1, 11-2-99. 1990 Code § 5-13102.)

5.50.040 Permit exemptions.

The provisions of this chapter shall not apply to any of the following activities; provided, that the activity will not require the closure of a public street, or substantially impede vehicular traffic thereon:

(a)    Filming activities conducted for news purposes as defined in Section 5.50.020.

(b)    Filming activities conducted at studios as defined in Section 5.50.020.

(c)    Filming activities conducted for use in a criminal investigation or civil or criminal court proceeding.

(d)    Noncommercial filming activities conducted on private property solely for private or family use.

(e)    Commercial still photography, or staging thereof, when conducted to the exclusion of any other filming activity as defined in Section 5.50.020, when the following conditions apply:

(1)    The still photography, or staging thereof, will not be conducted on city property.

(2)    The still photography, or staging thereof, will not require the parking of more than two motor vehicles on any public street within the city.

(f)    Filming activities conducted by or for the city. (Ord. 2361 § 1, 11-2-99. 1990 Code § 5-13103.)

5.50.050 Deadline for filing applications.

Applications for a film permit must be filed with the film office. A minimum of 10 business days in advance of the date the film activity is to begin, except that of an application for a permit which includes street closures, stunts, or pyrotechnics which must be filed a minimum of 15 business days in advance of the first day of filming.

No late applications will be processed by the city unless the film office determines that special circumstances exist relative to the application which would have precluded its application on a timely basis.

Applicants are encouraged to submit applications at the earliest advance date possible in order to facilitate coordination between city departments.

Upon such showing of good cause, the film office shall consider applications which are filed after the filing deadline if there is sufficient time to process and investigate the application, and for city staff to prepare for the filming activity. (Ord. 2361 § 1, 11-2-99. 1990 Code § 5-13104.)

5.50.060 Application form.

The permit application shall be on a form, furnished by the film office, signed by the applicant or agent thereof. Such application shall include, but not be limited to, the following information:

(a)    Name, address, and telephone number of applicant.

(b)    Name, address, and telephone number of person in charge of filming on location.

(c)    Filming location(s), dates and approximate daily call times of proposed filming activity.

(d)    Description of scenes to be filmed including details of any hazardous filming activity employing firearms, explosives, the use of open flame, other pyrotechnic effects, animal stunts, filming of moving motor vehicles, watercraft or aircraft.

(e)    Description of the types and number of motor vehicles which will be parked on public streets, and description of any equipment to be placed on public property.

(f)    Evidence of adequate insurance certification as stipulated by this chapter, Section 5.50.110.

(g)    Such other information as the film office may require. (Ord. 2361 § 1, 11-2-99. 1990 Code § 5-13105.)

5.50.070 Permit approval/denial.

(a)    The application shall be approved or denied within five business days of receipt of the application unless the proposed filming activity requires extensive review by other city departments due to fire or traffic safety. The film permit shall be approved by the film office unless determined from the 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 the street 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 property and the filming activity will substantially interfere with other previously authorized activities, contracts or safety of the public or employees while on city property.

(4)    The proposed permit location is on city property and the filming activity will substantially interfere with municipal functions or the scheduled maintenance of city buildings or grounds.

(5)    The filming activity creates a substantial risk or injury to persons or damage to property.

(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 licensing or permit requirements.

(b)    When the grounds for permit denial can be corrected by imposing reasonable permit conditions, the film office may impose such conditions rather than denying the permit. (Ord. 2361 § 1, 11-2-99. 1990 Code § 5-13106.)

5.50.080 Permit conditions.

The film office may condition the issuance of a film permit by imposing reasonable requirements concerning the time, place, manner and duration of filming activities as referenced on the “terms and conditions” attached to the film permit, including but not limited to the following:

(a)    Requirements for the presence of employees of the city at the applicant’s expense, when required for the particular filming activity.

(b)    Requirements concerning posting of no parking signs, placement of traffic control devices, and employment of traffic and crowd control monitors at the applicant’s expense.

(c)    Requirements concerning posting of the outer boundaries of the filming activity, and providing advance notice to affected property owners/businesses which shall include the name and telephone number of the representative of the applicant who can then respond to complaints and inquiries.

(d)    Requirements concerning the cleanup and restoration of public streets and city property employed in the filming activity including the posting of cash bonds when necessary.

(e)    Restrictions concerning the use of city employee services, vehicles and other equipment in the filming activity.

(f)    Requirements that the applicant pay all fees, and obtain all permits and licenses required for the filming activity under local, state and federal law.

(g)    Restrictions on the use of firearms, explosions, and other noise-creating or hazardous devices which disturbs the peace.

(h)    Restrictions on the use of stunts involving pyrotechnics, open flame, vehicle crashes or other hazardous materials.

(i)    Requirements concerning cover-up of police, fire and other official uniforms worn by actors, when the actors are not on camera.

(j)    Restrictions concerning the use of city logos, insignias, badges or decals for filming purposes.

(k)    Restrictions on the daily hours the filming activity may be conducted within the city.

(l)    Requirements concerning the city’s receipt of proper acknowledgment for any assistance provided in making feature, television, or commercial productions.

(m)    Requirements concerning affirmative action and nondiscriminatory practices for employment. (Ord. 2361 § 1, 11-2-99. 1990 Code § 5-13107.)

5.50.090 Fees.

(a)    Fees for the use of city property shall be at the film office’s discretion and shall not exceed $1,000 per 24 hours a day or any portion thereof, including set up and take down; to be incorporated into the city’s master fee resolution.

(b)    The applicant shall pay all costs incurred by the city in providing city employees to be present during the permitting process and filming activity. All costs incurred by the city are nonrefundable. (Ord. 2361 § 1, 11-2-99. 1990 Code § 5-13108.)

5.50.100 Change of filming activity date.

Upon reasonable notice by the permittee in advance of the filming activity, the film office is authorized to change the date for which the film permit has been issued without requiring a new application or permit. (Ord. 2361 § 1, 11-2-99. 1990 Code § 5-13109.)

5.50.110 Insurance required.

The applicant for a film permit shall procure and maintain for the duration of the film activity insurance in the forms, types and amounts prescribed by the city’s risk manager. (Ord. 2361 § 1, 11-2-99. 1990 Code § 5-13110.)

5.50.120 Liability and indemnification.

Prior to the issuance of the film permit, the permit applicant must agree in writing to comply with the “filming permit terms and conditions.” (Ord. 2361 § 1, 11-2-99. 1990 Code § 5-13111.)

5.50.130 Duties of permittee.

The permittee, and all agents, employees, and contractors of the permittee at the filming activity site within the city, shall comply with the following requirements:

(a)    The permittee shall comply in writing with all “terms and conditions” of the film permit.

(b)    The permittee shall not conduct a filming activity within the city not authorized by the filming permit.

(c)    The permittee shall comply with instructions made by city employees assigned to regulate the filming activity site.

(d)    The permittee shall comply with instructions made by the Fremont police department officer(s) assigned to monitor the filming activity site and the fire department representative in the event pyrotechnics are utilized.

(e)    The permittee shall clean and restore all city-owned property utilized during the filming activity to the same condition as existed prior to the filming activity.

(f)    The permittee shall comply with this chapter and all other policies and ordinances for the city of Fremont and state and federal law. (Ord. 2361 § 1, 11-2-99. 1990 Code § 5-13112.)

5.50.140 Street closures.

The applicant for a film permit may request that the city authorize a street closure on the film permit application. A short-term encroachment permit will be reviewed by the city engineer for approval. (Ord. 2361 § 1, 11-2-99. 1990 Code § 5-13113.)

5.50.150 Pyrotechnics.

During the filming of any special effects or stunts requiring the use of pyrotechnics or any material deemed hazardous, including but not limited to fireworks, open flames or explosives, the applicant must obtain a fire permit by the Fremont fire department. (Ord. 2361 § 1, 11-2-99. 1990 Code § 5-13114.)

5.50.160 Permit revocation or suspension.

(a)    Permit Revocation. The film office may revoke the film permit if the permittee, or any agents, employees or contractors of the permittee fail to comply with the requirements set forth in Section 5.50.130(a) through (f), or if the film office determines after the permit is issued that the permit application was false in any material detail.

(1)    Notice of the grounds for revocation of the film permit shall be provided in writing by the film office to the permit applicant or person in charge at the location of the filming activity.

(2)    Appeals of the permit revocation shall be conducted in the manner specified in Section 5.50.170.

(b)    Permit Suspension. City staff assigned to supervise the filming activity site may suspend the film permit when the filming activity poses an immediate hazard to persons or property and the location manager will not, or cannot, prevent the hazard after being instructed to do so by the officer.

(1)    The grounds for the permit suspension shall be provided in writing by the film office to the permittee within one business day of the suspension.

(2)    Appeals of the permit suspension shall be conducted in the manner specified in Section 5.50.170. (Ord. 2361 § 1, 11-2-99. 1990 Code § 5-13115.)

5.50.170 Appeals.

(a)    The permit applicant or permittee may appeal a permit denial, revocation, suspension, permit condition, insurance/fees requirement or the film office decision not to waive a deadline set forth in this policy. Such appeal shall be filed with the city manager’s office not later than five business days after the date written notice of the decision is made. Failure to file a timely appeal shall result in a waiver to the right to appeal. The appeal shall be heard by the city manager or his/her designee.

(b)    The city manager or his/her designee shall hold a hearing no later than five business days after the filing of the appeal, and shall render his/her decision not later than two business days after the appeal hearing. The decision of the city manager may be appealed to the city council at its next available meeting. The decision of the city council shall be final. (Ord. 2361 § 1, 11-2-99. 1990 Code § 5-13116.)

5.50.180 Penalties.

The violation of any provision of this chapter shall constitute an infraction. (Ord. 2361 § 1, 11-2-99. 1990 Code § 5-13117.)

5.50.190 Severability.

If any section, subsection, sentence, clause, phrase or word of this chapter is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council of the city of Fremont hereby declares it would have passed and adopted this chapter and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared invalid or unconstitutional. (Ord. 2361 § 1, 11-2-99. 1990 Code § 5-13118.)