CHAPTER 10
FILM MAKING
5.10.002 Purpose.
The declared purpose of this chapter is the regulation of filming and videotaping, including activities associated therewith, by enterprises or individuals in the film or videotape industry which come to the City of Oakley on a temporary or short term basis.
5.10.004 Definitions.
Whenever in this chapter the following words are used, they shall have the following meaning or definitions:
a. "Motion picture, television photography" shall mean and include all activity attendant to staging or shooting commercial motion pictures, television shows or programs, and commercials.
b. "Student films" shall mean motion picture film or videotape productions by a student of a public or private school or college where the production is for school or college credit and from which no profit is taken.
c. "Charitable films" shall mean commercials, motion pictures, television, videotapes, or 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.
d. "News media" shall mean the filming or videotaping for the purpose of spontaneous, unplanned television news broadcast by reporters, photographers or cameramen.
5.10.006 Permit Required.
No person shall use any public or private property, facility or residence within the City of Oakley for the purposes of taking commercial motion pictures or television photography without first applying for and receiving a film permit from the City of Oakley as provided in this chapter.
5.10.008 Exemptions.
The provisions of this chapter shall not apply to:
a. News Media. 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.
b. The filming or videotaping of motion pictures solely for private noncommercial use.
c. The filming or videotaping of motion pictures and activities associated therewith which occurs upon property which is owned or leased for more than six months by the enterprise or individual conducting the filming or videotaping and none of such activities are open to view by the general public.
5.10.010 Rules and Regulations.
a. The City Engineer, or his/her designee, is hereby authorized and directed to promulgate rules and regulations, governing the form, time, and location of any film activity set forth within the City of Oakley. These rules and regulations shall be on file in the City Clerk’s office for review by the public. The City Engineer shall also provide for the issuance of film permits pursuant to this chapter. The rules and regulations, and decisions concerning the issuance of any film permit and/or conditions imposed thereon, shall consider the following factors:
1) The health and safety of the public;
2) Disruption of activities of businesses or persons within the affected area;
3) The safety of property within the City; and
4) Traffic congestion at particular locations within the City.
b. The City Engineer or his/her designee is hereby authorized to approve deviations from the said rules and regulations and approve changes in the effective dates of the permit when such deviation or changes are in the best interests of the City of Oakley.
5.10.012 Issuing Authority.
The City Engineer, or his/her designee, shall have the authority to issue permits required by this chapter. Such permits may be issued subject to conditions of approval imposed thereon. A permit shall be issued, or issued subject to conditions, unless it is determined that the activity contemplated in the permit will adversely affect City operations, City businesses or residents, City personnel resources, or such activity has the potential to damage public or private property. Decisions concerning the issuance of permits and/or conditions to be imposed thereon shall further consider the factors set forth in Section 5.9.010 of this chapter.
5.10.014 Applications.
Prior to considering issuance of any film permit pursuant to this chapter, an application form must be submitted to the City of Oakley. The City Engineer shall proscribe the forms and procedures for applications for a permit under this chapter. The forms shall indicate the fee for the application and permit as well as the insurance and bond requirements of this chapter. The application shall be filed with the City Engineer at least 30 business days prior to the date the permit is to become effective. The application shall be verified and shall set forth:
a. The name, address, and telephone number (and facsimile transmission number, if any) of the applicant or duly authorized representative, and, if available, of the director, first assistant director, unit production manager, and location manager.
b. The name and address of the individual or production company to whom the permit is to be issued.
c. The type of the production or project.
d. The date(s), time(s), and location(s) (including preparation and striking days).
e. A brief description of the proposed filming activity, including any other activity which would affect the use of public facilities in the area.
f. An estimate of the number of individuals in cast and crew.
g. An estimate of the types and number of vehicles.
h. If an applicant intends to use either wild animals, chemicals, explosives or fire, or intends to engage in any other hazardous activity, a statement to that effect and describing such activities with specificity.
5.10.016 Fees and Other Costs.
a. The City Council shall approve by resolution the application and permit fees required by this chapter.
b. An application fee shall be required for formal processing of every application made under this chapter.
c. No application fee shall be required of charitable or student films or for filming conducted on behalf of the City or any City departments or divisions.
d. All approved applications shall require the payment of a permit fee prior to the commencement of filming.
e. Each permittee filming under this chapter shall reimburse the City for all costs incurred by the City, the amount of which shall be determined by the Community Development Director or his/her designee, for City personnel or equipment provided to the applicant for the purpose of assisting or providing security or protection to the applicant for activities conducted under the permit.
5.10.018 Liability Provisions.
The requirements of this section are applicable whenever permittee’s operations will utilize or impact City facilities or property as determined by the City.
a. Liability Insurance; Indemnity and Faithful Performance Bond. Before a permit is issued a certificate of insurance is required to be submitted as evidence of insurance in an amount not less than $1,000,000 per occurrence written on an occurrence form for comprehensive or commercial general liability and $1,000,000 per occurrence for automobile liability. In the event the use of pyrotechnics or any other unusual activity is contemplated, the permittee will be required to submit evidence of insurance which will cover said use or activity in an amount and form acceptable to the Finance Director. Specifically as to pyrotechnics, the amount of liability coverage shall at the minimum meet the limits required by State law and evidence of this insurance will additionally be reviewed by the Fire Department. An endorsement to said liability policies shall be submitted naming the City of Oakley, its officers, employees, agents, representatives and volunteers as additional insureds. The Finance Director is authorized to reduce the insurance requirements above if it is deemed to be in the best interests of the City of Oakley.
b. Hold Harmless and Indemnity Agreement. An applicant shall execute a hold harmless and indemnity agreement as provided by the City of Oakley prior to the issuance of a permit under this chapter.
c. Faithful Performance Bond. To ensure cleanup and restoration of the site, an applicant may be required to post a refundable cash deposit or faithful performance bond (amount to be determined by the City Engineer) upon submittal of the application. Upon completion of filming, cleanup and restoration of the site by the permittee, and inspection of the site by the City of Oakley, the bond shall be returned to the applicant.
5.10.020 Review of Application.
The City Engineer shall refer the application for the permit required by this chapter to the Police Chief, City Engineer and Chief Building Official for investigation and report as necessary. The City Engineer shall examine all applications and shall make or cause to be made such further investigation of the application and the applicant as deemed necessary in order to perform his/her duties under this chapter. In approving any permit, the City Engineer may attach such conditions of approval as may be necessary to assure compliance with the provisions of this chapter. The City Engineer shall act upon such application within 30 days of the submission thereof and shall notify the applicant of his/her decision by depositing notice of such decision in the first-class U.S. mail, postage prepaid, addressed to the applicant, not later than ten (10) days following the date of such decision. A notice of denial of an application must contain a statement of the facts upon which the denial is based and must contain a statement of the appeal procedure contained in Section 5.9.022.
5.10.022 Appeals.
Any person aggrieved by the decision of the City Engineer, or his/her designee, shall have the right to appeal the approval, conditional approval, or disapproval of the application to the City Manager. Such appeal shall be taken by filing a written notice of appeal with the City Clerk within ten (10) days of the date of the decision to deny or revoke and shall set forth the grounds for the appeal. A failure to file a timely appeal shall render the City Engineer’s decision final. The City Manager shall set a time and place for a hearing on the appeal within ten (10) days of the filing of the appeal. The City Manager’s determination following the hearing shall be in writing and shall be sent to the permit holder. The decision of the City Manager shall be final and conclusive.
5.10.024 Violation.
If the permittee violates any provision of this chapter, or any condition of a permit issued pursuant thereto, the City of Oakley may revoke the permit. City of Oakley employees who have authority to revoke the permit include the City Engineer, personnel assigned to the Public Safety Department, Fire Department and Code Enforcement Division of the Planning Department. Violation of any of the provisions of this chapter or any of the terms and conditions of the film permit shall be a misdemeanor.