Chapter 5.56

5.56.010    Definitions.

5.56.020    Permits and exemptions.

5.56.030    Change of date.

5.56.040    Rules and conditions.

5.56.050    Applications.

5.56.060    Reimbursement for personnel.

5.56.070    Liability provisions.

5.56.080    Violation.

5.56.010 Definitions.

For purposes of this chapter, unless the context clearly requires a different meaning, the words, terms and phrases hereinafter set forth shall have the meanings given them in this section:

(1)    "Charitable films" means commercials, motion pictures, television, video tapes, or still photography produced by a nonprofit 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.

(2)    "Commercial motion picture," "television," "still photography" mean and include all activity attendant to staging or shooting, for distribution to the public, motion pictures, television shows or programs, and commercials.

(3)    "News media" means the filming, or video taping for the purpose of current telephone news broadcast by reporters, photographers or cameramen.

(4)    "Private-family use" means and includes that noncommercial use for a group of people related by blood or marriage and their invited guests. (Ord. 1047 § 1 (part), 1986).

5.56.020 Permits and exemptions.

(a)    Permit Required. No person shall use any public or private property, facility or residence for the purpose of taking commercial or charitable motion pictures or television pictures or commercial or charitable still photography in the incorporated area of the city without first applying for and receiving a permit from the public works director.

(b)    Exemptions. The following activities shall be exempt from such permit requirement:

(1)    The activities of reporters, photographers or camera operators in the employ of a newspaper, news service, or similar entity engaged in the broadcasting of news events concerning those persons, scenes or occurrences which are in the news and of general public interest;

(2)    The filming or video taping of motion pictures solely for private or family use;

(3)    The taking of motion pictures, television broadcasting and still photography done for distribution primarily to the residents of Yuba and Sutter County. (Ord. 1047 § 1 (part), 1986).

5.56.030 Change of date.

Upon the request of the applicant, the director of public works shall have the power, upon a showing of good cause, to change the date(s) for which the permit has been issued; provided, that established limitations are complied with in respect to time and location. "Good cause" shall be liberally construed. (Ord. 1047 § 1 (part), 1986).

5.56.040 Rules and conditions.

The director of public works is authorized and directed to promulgate rules and regulations, subject to approval by resolution of the city council, and to impose reasonable conditions on permits governing the form, time and location of any activity conducted within the city. The rules, regulations and conditions shall be based upon the following criteria:

(1)    The health, safety and convenience of all persons;

(2)    Avoidance of undue disruption of persons within the affected area; and

(3)    The safety of public and private property within the city. (Ord. 1047 § 1 (part), 1986).

5.56.050 Applications.

(a)    The following information shall be included in the application:

(1)    The name of the applicant/company;

(2)    The name of the property owner, the address and telephone number of the place at which the activity is to be conducted;

(3)    The specific location at such address or place;

(4)    The inclusive hours and dates such activity will transpire;

(5)    A general statement of the character or nature of the proposed filming activity;

(6)    The name, address and telephone number of the person or persons in charge of such filming activity;

(7)    The exact number of personnel to be involved;

(8)    Use of any animals or pyrotechnics; and

(9)    The exact amount and type of vehicles and equipment to be involved.

(b)    No fees are required for such permits. (Ord. 1047 § 1 (part), 1986).

5.56.060 Reimbursement for personnel.

The permittee shall reimburse the city for the cost of any personnel provided to the company (e.g., police, fire, traffic), for the purpose of assisting the permittee. (Ord. 1047 § 1 (part), 1986).

5.56.070 Liability provisions.

(a)    Liability Insurance. A certificate of insurance will be required in an amount not less than one million dollars naming the city as a coinsured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage before a permit is issued. The city officers and employees shall be named as additional insureds. The certificate shall not be subject to cancellation or modification until after thirty days’ written notice to the city. A copy of the certificate shall be filed at least thirty days prior to issuance of the permit.

(b)    Workers Compensation Insurance. An 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 chapter.

(d)    Faithful Performance Bond. To ensure cleanup and restoration of the site, an applicant may be required to post a refundable faithful performance bond (in an amount to be determined by the director of public works) at the time application is submitted. Upon completion of filing and inspection of the site by the city, the bond may be returned to the applicant. (Ord. 1047 § 1 (part), 1986).

5.56.080 Violation.

If an applicant violates any provision of this chapter or a permit issued pursuant thereto, the city may cancel the permit. Upon notice of such cancellation, applicant shall immediately cease operation. In addition, violation of this chapter is a misdemeanor. (Ord. 1047 § 1 (part), 1986).