CHAPTER 15. OFFENSES--MISCELLANEOUS.
Sec. 15-51. Filming permits.
(a) Statement of Purpose and Intent. This chapter establishes procedures
for the review and issuance of permits allowing work associated with the
production of commercial filming activities within the city. The intent of this
chapter is to facilitate the production of such work while protecting the
residents and property owners from the potential adverse impacts of filming
activities.
(b) Definitions. For purposes of both this chapter and Chapter
15-52 of the Woodland Municipal Code, the following definitions shall
apply:
“Applicant” means any person who has applied for a city
filming permit.
“City filming permit” or “permit”
shall mean a permit issued by the city to allow the activities associated with
the production, filming or video taping of commercial motion picture and
television shows, programs and commercials.
“City filming permit
coordinator” shall mean the city manager of the city or the city
manager’s designee.
“Motion picture or television
production” or “production” means all activity attendant to
staging, making, filming or video taping commercial motion pictures and
television shows, programs and commercials.
“Permittee” means
any person who has been issued a city filming permit by the
city.
“Person” means any individual, firm, partnership,
association, corporation, company or organization of any kind.
(c) Permit
Required. No person shall use any public or private property, building, facility
or residence for the purpose of producing, taking or making any motion picture
or television production without first applying for and receiving a city filming
permit issued pursuant to the provisions of this chapter.
(d) Permit
Exceptions.
(1) Non-profit organizations shall be exempt from the permit fee
requirements only, provided they supply a certificate to the city stating that
they are exempt and classified as non-profit under state and federal taxing
statues. All other requirements of this chapter, however, shall apply to such
organizations.
(2) The provisions of this chapter shall not apply
to:
(A) Current news, which includes reporters, photographers or cameramen
in the employment of a newspaper, news service, broadcasting station or similar
entity engaged in the broadcasting of news events.
(B) Productions that are
conducted by a cable television company operating under a franchise granted by
the city which involve less than two motor vehicles.
(C) Student and
educational filming, provided a written certificate is submitted from the school
of their attendance stating they are currently an enrolled student and/or the
educational film shall be limited to classroom viewing only.
(D) The filming
or videotaping of motion pictures solely for private use.
(E) Any motion
picture or television production at a motion picture or television studio
located in the city.
(e) Permit Applications.
(1) Permit Application.
Any person desiring a city filming permit shall complete an application on a
filming permit application form provided by the city filming permit coordinator.
Filming permit applications shall be submitted at least three working days prior
to the date on which such person desires to conduct an activity for which a
permit is required. If such activity will interfere with traffic or involves
potential public safety hazards, an application shall be submitted at least five
working days in advance.
2. Application Fee. The application for a city
filming permit shall be accompanied by a non-refundable permit application fee
in the amount set by city council resolution. This non-refundable fee shall
cover the actual costs of processing and investigating permit applications and
administering the city filming permit program.
3. Permits from Additional
Jurisdictions. Written evidence of permits and/or coordination with other public
agencies may be required upon submission of an application for a city film
permit. In such instances, requirements of the applicable responsible agencies
shall also be made a requirement of the city film permit. Examples of potential
agencies include, but are not limited to, the California Highway Patrol, Yolo
County sheriffs department and fire protection districts in Yolo
County.
4. Cleaning Deposit. Each application shall be accompanied by a
refundable five hundred dollars faithful performance bond (cash or bond) in
favor of the City at the time of application to ensure clean up and restoration
of the production location. This amount may be increased as provided in Section
15-51(G) below. The bond shall be returned upon completion of filming and after
an inspection to the city’s satisfaction.
(f) Permit Denials. The city
filming permit coordinator may deny a permit as provided for in this chapter if,
based on a consideration of the application and from such other information as
may be otherwise obtained, the city filming permit coordinator finds
that:
(1) The production will unduly interfere with traffic, pedestrian
movement or endanger public safety.
(2) The production will unduly interfere
with normal governmental or city operations, threaten to result in damage or
detriment to private or public property, or result in the city incurring costs
or expenditures in either money or personnel not reimbursed in advance by the
applicant.
(3) The Production will constitute a fire hazard or any other
type of safety hazard that cannot be adequately mitigated.
(4) Information
contained in the application, or supplemental information requested from the
applicant, is false in any material detail.
(5) The application is
incomplete or the applicant failed to complete the application after having been
notified of the additional information or documents required.
(g) Permit
Conditions. The city filming permit coordinator may impose any conditions found
necessary to protect the public health, safety and welfare. The permittee shall
comply with any conditions or restrictions the city may impose as a condition to
issuing a permit. No changes shall be made without first obtaining the
city’s written approval. In addition to specific conditions placed on
individual city filming permits by the city and other public agencies, the
following conditions shall apply:
(1) Special Effects. Any use of special
effects (e.g., pyrotechnics, open flames, small explosives, etc.) shall require
a separate special effects permit from the city fire department. Evidence of
such a permit shall be submitted at the time of application for a city filming
permit.
(2) Traffic Control. Production companies must use the city police
department for any filming that requires interim traffic control
(“ITC”). ITC on major roads is limited to five minutes. ITC shall
not occur more than once during any twenty minute period. The permittee is
responsible for obtaining, and paying the cost of, the required officers. The
following conditions shall apply:
(A) The permittee shall furnish and
install all advance warning signs and any other traffic control devices in
conformance with Caltrans’ Manual of Traffic Controls for construction and
maintenance work zones.
(B) Traffic shall not be detoured across a double
centerline without prior approval of the city engineer/public works
director.
(C) Camera cars must drive with the flow of traffic and must not
interfere with other vehicles on the road.
(D) Stationary cameras should be
mounted off of the roadway. If a stationary camera is to be located in a traffic
lane, all necessary lane closures must be provided and this matter must be
disclosed on the permit.
(E) No existing regulatory or warning signs may be
bagged or removed without city approval.
(F) If a production company wets
the roadway for filming purposes, the filming company may not strike the set
until the roadway is dry to the city’s satisfaction.
(3) City Fire
Department. Production companies shall comply with the provisions set forth in
“Filming in California. A Fire Protection Handbook”. All productions
numbering over fifty cast and crewmembers require fire department notification.
Production companies are further responsible for contacting the fire department
to determine the requirements of the fire safety advisor coordinator. Written
evidence of the fire safety advisor coordinator’s requirements for the
production shall be required upon submission of an application for a city
filming permit. Fire safety advisors are required for:
(A) Productions using
special effects.
(B) Productions involving helicopter refueling, stunt
operations and location takeoffs and landing.
(C) Productions occurring in
native vegetative areas.
(D) Interior productions closed to the public where
crew and cast exceed twenty-five members.
(E) Productions involving
refueling operations in excess of ten gallons.
(4) Limitation of Filming
Hours. Filming activity of commercial motion picture or television productions
shall be limited to between the hours of 7:00 A.M. and 7:00
P.M.
(A) Residential Extension. Filming activity hours may be extended
beyond 7:00 P.M. in residential areas upon the submission of written approval of
seventy-five percent of the property owners and/or residents within a five
hundred foot radius of the filming location. The approval form shall be provided
by the city.
(B) Non-Residential Extension. Filming activity hours in
nonresidential areas may be extended beyond 7:00 P.M. with the consent of both
the city and seventy-five percent of the property owners and/or occupants
within a five hundred foot radius of the filming location.
(5) Insurance.
The city shall require, as a condition of issuing such a permit, that the
applicant furnish acceptable proof of insurance in a minimum amount of one
million dollars to protect the city against claims of third persons for personal
injury, wrongful death and property damage and to indemnify the city for damage
to city property arising out of the permittee’s activities. The city, in
its sole discretion, may require additional insurance for certain filming
activities. A copy of the policy will remain on file with the application. The
city and its officers and employees shall be named as additional insured under
the policy which shall not be subject to cancellation or modification until
after thirty days written notice to the city. The applicant shall also submit
verification that adequate worker’s compensation insurance coverage is
maintained.
(6) Cleanup/Restoration.
(A) Depending on the nature of the
production, the city may require an additional deposit in excess of the five
hundred dollar deposit set forth in Section 15-51(e)(4), above.
(B) The
permittee shall conduct operations in an orderly fashion with continuous
attention to the storage of equipment not in use and the cleanup of trash and
debris. The area used shall be cleaned of trash and debris within two hours of
the completion of the activity to the satisfaction of the city. The permittee
shall be responsible for restoring any area damaged or disrupted before leaving
the production location. If the production location is not repaired or restored
to the city’s satisfaction, the city filming permit coordinator shall have
the necessary restoration and/or repairs performed at the expense of the
permittee.
(7) Reimbursement. The applicant shall pay the city for all costs
and expenses incurred by the city as a result of the production. The city
filming permit coordinator may require the applicant to post a cash bond in an
amount to be determined by the city filming permit coordinator sufficient to
satisfy this reimbursement obligation.
(h) Public Service Fees.
(1) Upon
approval of an application for a city filming permit, the city filming permit
coordinator shall provide the applicant with a statement of the estimated cost
of providing police, fire, emergency medical services and other city employees
and services for public safety for the filming event. The cost of such services
shall be solely borne by the applicant and shall be paid to the city prior to
the conducting a production. The amount of such fees shall be based on the
city’s actual cost of providing the required number of police and other
city employees and services necessary to ensure the safety of both the
participants of the production and the community.
(2) If the actual cost of
public services for the filming event is less than the estimated cost pursuant
to subsection (h)(1) of this section, the permittee shall promptly be refunded
the difference by the city. If the actual cost for public services is more than
the estimated cost pursuant to subsection (h)(1) of this section, the difference
shall become due and payable to the city upon the permittee’s receipt of a
statement of actual costs by the city.
(i) Permit Issuance.
(1) Prior to
the issuance of a city filming permit, the applicant shall execute a hold
harmless agreement. In this agreement, the applicant shall consent to defend,
indemnify and hold harmless the city and its officers and employees from any
liability to any persons or property resulting from any damage or injury
occurring in connection with the permitted filming event, insofar as permitted
by law.
(2) Prior to the issuance of a city filming permit, the applicant
shall be required to execute a location filming checklist.
(3) Unless
grounds for denial exist pursuant to Section 15-51(f), above, the city filming
permit coordinator shall issue the city filming permit after the application has
been approved, the applicant has agreed in writing to comply with all of the
terms and conditions of the permit, and the requirements of this ordinance
respecting indemnification, insurance, police, traffic-control, fees, and
cleanup deposits have been fully satisfied.
(j) Filming
Requirements.
(1) Safety. No person shall engage in any motion picture or
television production that would constitute a hazard to public safety or
otherwise interfere with or endanger the public place or rights of any owners or
occupants of property to the quiet, peaceful and unmolested enjoyment of their
property.
(2) Location Filming Requirements. Permittees shall comply with
the following requirements filming requirements:
(A) In preparing for the
filming, consideration must be given to all neighbors or business owners who
will be impacted.
(B) When filming in a neighborhood or business district,
proper notification shall be provided to each neighbor or merchant within the
total reasonable range of the filming’s impact and physical presence. The
filming notice shall, at a minimum, include the name of the company, name of
production, kind of production (e.g., feature film, etc.), duration of activity
(e.g., date(s), 7:00 A.M. to 7:00 P.M., etc.), description of filming activity,
company contact and a signed copy of the location filming
checklist.
(C) Production vehicles arriving on location in or near a
residential neighborhood shall not enter the area at a time earlier than the
time stipulated in the permit.
(D) Production vehicles shall neither park in
nor block driveways without the express permission of the city and driveway
owner.
(E) All productions shall keep noise levels as low as possible, and
strive to maintain a “low profile” during their presence in the
area.
(F) All catering, craft services, construction, strike and personal
trash is to be removed from the location and its impacted area.
(G) Cast and
crew meals shall be confined to the area designated in the permit. Individuals
shall eat within the designated meal area during scheduled crew
feedings.
(H) Removal, trimming and/or cutting of vegetation or trees is
prohibited, unless approved by permit or property owner. Requirements of any
applicable city tree ordinance shall be satisfied.
(I) All signs erected for
filming purposes shall be removed upon completion of the day’s filming,
unless otherwise stipulated by the permit.
(J) The removal, moving or towing
of the public’s vehicles is prohibited without the express permission of
the city or the owner of the vehicle.
(K) All members of the cast and crew
of the production shall behave in a courteous manner.
(L) The production
shall not interfere with the normal activities of the neighborhood, unless
specified in the permit.
(M) Any roadwork or construction by city crews
and/or private contractors under permit or contract to the city shall have
priority over filming activities.
(N) All fire lanes shall remain open at
all times. The access to all private and public buildings must be maintained.
Intersection sight distance must also be maintained.
(O) The city shall not
provide posting of advance parking reservations for any production company. The
permittee is responsible for posting of all public or private parking
areas.
(P) The production area and all surrounding areas, including the
public right-of-way shall be cleaned daily by the permittee. No litter shall
remain upon completion of the filming. If either the city or a homeowners
association is required to clean up the street as a result of a complaint, the
production company shall be liable for such costs.
(Q) There shall be no
interference with the normal activities of any neighborhood, such as refuse
collection, street sweeping, deliveries or ingress or egress to public or
private property.
(R) The use of bullhorns shall not be
permitted.
(k) Rules and Regulations.
(1) Change of Date. Upon request
of the permittee, the city shall have the power, upon a showing of good cause,
to change the date for which the permit has been issued, provided established
limitations are complied with in respect to time and location.
(2) Rules.
The city filming permit coordinator is hereby authorized and directed to
promulgate rules and regulations, subject to approval by resolution of the
council, governing the form, time, and location of any motion picture or
television production conducted within the city. The rules and regulations
promulgated by the city filming permit coordinator shall be based upon the
following criteria:
(A) The health and safety of all
persons;
(B) Avoidance of undue disruption of all persons within the
affected area;
(C) The safety of property within the city
and;
(D) Traffic congestion at particular locations within the
city.
(l) Appeal Procedures. The decision of the city filming permit
coordinator to issue, conditionally issue, or not issue a permit shall be final,
unless appealed in writing within five working days of the decision by
requesting a hearing of the city council at the next available meeting. Such
written request for an appeal consideration shall be accompanied by a fee, as
established by city council resolution. If the length of time between the appeal
and the filming event prevents an appropriate review by the city council, then
the decision of the city filming permit coordinator is final.
(m) Revocation
of Permit.
(1) The city filming permit coordinator may revoke a permit upon
a finding that any term, condition, restriction or limitation of such permit has
not been complied with, including the timely payment of all required deposits. A
permit may also be revoked if the city filming permit coordinator determines
that, as a result of changed circumstances, any one or more of the grounds for
denial specified in Section 15-51(f) have been met. Notice of such action
revoking a permit shall be delivered in writing to the permittee by personal
service or by registered mail. Appeal to the city council from any such
revocation may be taken as specified in Section 15-51(l).
(2) The city
filming permit coordinator may revoke a city filming permit prior to the
expiration of the city filming permit in the event of the occurrence of a riot,
major disorder or serious breach of the peace when, in his/her opinion, it is
necessary to prevent injury to persons and/or to property.
(n) Enforcement.
A violation of the provisions of this chapter shall be a misdemeanor and may be
punishable by a fine of five hundred dollars, or imprisonment for six months in
the county jail, or by both such fine and imprisonment. (Ord. No. 1322,
§ 3.)
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