Chapter 5.36


5.36.010    Permits for filming required.

5.36.020    Issuance of filming permit.

5.36.030    Application.

5.36.040    Review of the application.

5.36.050    Appeals.

5.36.060    Compensation for public costs.

5.36.070    Violations.

5.36.080    Revocation.

5.36.010 Permits for filming required.

All persons or legal entities shall obtain a filming permit prior to filming motion pictures, commercials or videotaped productions within the city limits.  This requirement shall not apply to:

A.  Filming by amateurs or individuals for personal use or entertainment; or

B.  Filming of news events by accredited representatives of news agencies; or

C.  Filming within motion picture, television, photography or broadcasting studios at a fixed place of business established for that purpose; or

D.  Filming by classes, instructors or students participating in audio-visual course work, noncommercial or teaching productions conducted entirely on private property or on the property of an established educational facility; or

E.  Filming that is conducted entirely on private property that does not require the use, restriction, closure or limitation of any public right-of-way. (Ord. 2854 §2(part), 2000)

5.36.020 Issuance of filming permit.

Filming permits shall be issued by the city manager or the city manager’s designee. (Ord. 2854 §2(part), 2000)

5.36.030 Application.

A written application for a filming permit shall be filed with the city manager or designee at least seven days prior to filming, unless waived by the city manager.  The application shall include:

A.  The name of the person, firm or corporation employing the person or persons who will perform the filming;

B.  The name of a person who will be responsible for the filming crew on location in the city;

C.  The specific date, location, time of arrival on the filming site and duration of filming (including site preparation, site restoration, and departure) for each scene to be filmed within the city limits;

D.  The extent to which normal use of public property/right-of-way will or could be impaired or curtailed during filming;

E.  The number and location of vehicle parking spaces that will be needed during filming and the anticipated hours of use of the spaces;

F.  The number of police or other city personnel desired or needed for traffic and/or pedestrian control, security of equipment, or other purposes during filming;

G.  Written authorization from the property owner if private property is to be used in conjunction with public property during filming;

H.  A processing fee.  Such fee shall be established and may be amended from time to time by resolution of the city council. (Ord. 2854 §2(part), 2000)

5.36.040 Review of the application.

A. The city manager or designee shall review the application and may issue the permit if the city manager or designee finds that the permit will not:

1.  Adversely impact the public health, safety or welfare;

2.  Adversely impact the affected neighborhood or business district;

3.  Result in a cost to the public due to the use of public property or facilities, potential loss of public revenue, or provision of city personnel, unless the city is compensated for such costs by the applicant;

4.  Substantially inconvenience residents or businesses; or

5.  Substantially interfere with the public peace or the quiet enjoyment of private residential property.

B.  The city manager or designee shall impose conditions on a permit in order to alleviate or mitigate any potential adverse impacts described in subsection A of this section, if he or she determines that such conditions will alleviate the impact.

C.  The city manager may deny the application if he or she determines that the permit will result in any of the potential adverse impacts described in subsection A of this section which cannot be alleviated or mitigated by the imposition of conditions.

D.  An approved filming permit shall:

1.  Specify the location and time of use of any city property that will be affected by filming.

2.  Set forth any conditions or restrictions imposed by the city manager or designee pursuant to subsection B of this section.

3.  Require a deposit of funds prior to filming in an amount estimated by the city manager or designee to be sufficient to compensate the city for any public costs described in subsection (A)(3) of this section incurred as a result of the filming.  In the event that filming is canceled, the city shall refund the deposit minus an amount for any costs incurred by the city up to the date of cancellation.

4.  Require the delivery of a certificate of insurance prior to filming in an amount determined by the city manager or designee to be sufficient to protect the city from any and all liability arising out of the filming activity.  The certificate of insurance shall name the city of Cottage Grove as an additional insured. (Ord. 2854 §2(part), 2000)

5.36.050 Appeals.

A.  Any decision regarding the application or the conditions of a permit may be appealed by the applicant to the city council by filing a written notice of intent to appeal with the city recorder.  The notice shall be filed within twenty-four hours of receipt of the decision by the applicant and shall include a statement of the reasons for the appeal and an appeal fee.  The appeal fee shall be established by resolution of the council.  The filing of an appeal shall stay the permit until the appeal is decided by the council.

B.  In reviewing the appeal, the council shall determine whether the decision complies with the criteria and requirements of Section 5.36.040.  The council may affirm, reverse or modify the decision.  The council’s decision shall be final.  (Ord. 2854 §2(part), 2000)

5.36.060 Compensation for public costs.

The applicant shall compensate the city for any and all public costs described in Section 5.36.040(A)(3).  If the deposit required pursuant to Section 5.36.040(D)(3) is insufficient to cover such costs, the applicant shall remit the balance to the city upon receipt of written notice of such additional costs.  (Ord. 2854 §2(part), 2000)

5.36.070 Violations.

Any person violating any of the provisions of this chapter shall, upon conviction, be punishable by a fine not to exceed five hundred dollars.  Each day of noncompliance shall be considered a separate violation of this chapter.  (Ord. 2854 §2(part), 2000)

5.36.080 Revocation.

Any permit issued under the provisions of this chapter may be revoked by the city manager, when the person who maintains, owns, controls or operates such filming activities allows the violation of any provision of an issued permit, the Cottage Grove Municipal Code or Oregon Revised Statutes or where, in the opinion of the city manager or designee, the filming is deemed undesirable or presents a threat to the public health, safety or welfare.  Filming and associated activities shall cease upon revocation of the permit.  (Ord. 2854 §2(part), 2000)