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HomeMy WebLinkAboutOrdinance 1617 N.C.S. 05/08/1985_FFECTNE DATE OF ORDINANCE JUN 7 190'5' ORDINANCE NO. 1617 N.C.S. Introduced By Councilman John Balshaw Seconded by Councilman Michael Davis AN ORDINANCE OF THE CITY OF PETALUMA ADDING CHAPTER 13.40, SECTIONS 13.40.010 THROUGH 13.40.160 TO THE PETALUMA MUNICIPAL CODE GOVERNING PERMITS FOR MOTION PICTURE AND TELEVISION FILM PRODUCTION BE IT ORDAINED by the Council of the City of Petaluma as follows: Section 1. There is hereby added to the Petaluma Municipal Code a new Chapter 13.40 which is to read as follows: "CHAPTER 13.40 PERMITS FOR MOTION PICTURE AND TELEVISION PRODUCTION Section: 13.40.010 Title of Chapter 13.40.020 Purpose of Chapter 13.40.030 Definitions 13.40.040 Permit Required 13.40.050 Permit Exemptions 13.40.060 Deadline for Filing Application 13.40.070 Application Form 13.40.080 Permit Approval/Denial 13.40.090 Permit Conditions 13.40.100 Fees 13.40.110 Change of Filming Date 13.40.120 Insurance 13.40.130 Indemnification and Liability 13.40.140 Duties of Permittee 13.40.150 Appeals 13.40.160 Penalties Section 13.40.010 Title This Chapter shall be known and may be cited as the Petaluma Film Permit Ordinance. OUND, Qvy. Section 13.40.020 Purpose of Chapter It is the purpose of this Chapter to provide for rules governing the issuance of permits for filming activities on location within the City. The intent of this Chapter is to ensure that motion picture, television, commercial and non -theatrical filming companies will be encouraged to use locations for filming activities within the City so long as those activities are consistent with the public health and safety and the protection of property. Section 13.40.030 Definitions as Used in this Chapter. A. "City Manager" - Shall mean the City Manager of the City of Petaluma or his designee. B . "Filming activity" - Shall mean the filming, video taping, photographing, or other similar process conducted for the making of motion pictures, television programs, commercial and non -theatrical film productions. C . "News purposes" - Shall mean a filming activity conducted for the purpose of reporting on persons or events which are in the news for television and other news services. D. "Studio" - Shall mean a fixed place of business where filming activities are regularly conducted upon the premises. E. "Film Permit" - Shall mean written authorization from the City Manager to conduct the filming activity described in the permit. Section 13.40.040 Permit Required. It is unlawful to conduct a filming activity as defined in Section 13.40.030 B without first obtaining a film permit from the City Manager. Section 13.40.050 Permit Exemptions. The provisions of this Chapter shall not apply to any of the following activities: A. Film activities conducted for news purposes as defined in Section 13.40.030 C . B . Filming activities conducted in a studio as defined in Section 13.40.030 D C . Filming activities conducted for use in a criminal investigation or court civil or criminal proceeding. 2 Section 13.40.060 Deadline for Filing Application. A. Applications for a filming permit must be filed with the City Manager's Office at least five (5) business days in advance of the time that the proposed filming activity is to commence. B . Application deadlines may be waived for good cause by the City Manager if there is sufficient time remaining to process the application, and for the City to prepare for the requested filming activity. Section 13.40.070 Application form. Permit application shall be on a form furnished by the City Manager. Such form shall request the following information: A. Name, business address and telephone number of applicant. B . Location (s) and approximate daily call times of proposed filming activity. C. Description of scenes to be filmed including details of any stunts, chase scenes, pyrotechnics, or special effects. D. Name of person in charge on location. E. Proof of permission to film on private property within City. If such proof is not available at the time the application is submitted, it can be subsequently filed by the applicant prior to the City's issuance of the film permit. F. Description of all vehicles which will be parked on City streets during filming activities and a parking plan. G . Such other information as the City Manager may require to determine whether to grant a film permit under this Chapter. Section 13.40.080 Permit Approval/Denial . A. The application shall be approved/denied within two (2) business days of receipt of the application. The film permit shall be approved by the City Manager unless he determines from 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 it is usually subject to traffic congestion, or interfere with the operation of emergency vehicles in the proposed permit area. 9 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 -owned property and the filming activity will substantially interfere with municipal functions, or other previously authorized activities on City property. 4. The filming activity creates a substantial risk of injury to persons or property. 5. 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. 6. The particular filming activity would violate federal, state or local law including license/permit requirements. B. When the ground for permit denial can be corrected by imposing reasonable permit conditions, the City Manager shall impose such conditions rather than denying the permit. Section 13.40.090 Permit Conditions. The City Manager may condition the issuance of a filming activity permit by imposing reasonable requirements concerning the time, place and manner of filming activities including but not limited to the following: 1. Requirements for the presence of Petaluma Police Department, Fire Department, or Public Works Department employees when required for the particular filming activity at the applicant's expense. 2. Requirements concerning posting of no parking signs and placement of other traffic control devices at the applicant's expense. 3. Restrictions on the use of gunfire, explosions, and other noise -creating or hazardous devices. 4. Restrictions on hours of filming activity. 5. Requirements concerning notice to affected property owners of the filming activity. Section 13.40.100 Fees. A. A permit application processing fee in an amount established by City Council resolution shall be paid by the applicant at the time the application is filed. 4 B. A schedule of fees for City services and use of City property shall be established by City Council resolution. The applicant shall prepay such fees prior to issuance of the film permit. Section 13.40.110 Change of Filming Date. Upon reasonable notice by the Permittee in advance of the filming activity, the City Manager is authorized to change the date for which the film permit has been issued without requiring a new application, or application fee. Section 13.40.120 Insurance. A. The applicant for a film permit must possess or obtain liability insurance to protect against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the filming activity. Such insurance shall name on the policy or by endorsement as insureds the City of Petaluma, its officers, employees and agents. Insurance coverage must be maintained for the duration of the filming activity. Coverage shall be provided by a Comprehensive General Liability Insurance Policy in the amount prescribed by City Council resolution. The insurance coverage afforded by the policy shall provide at a minimum the equivalent of insurance coverage provided by Insurance Service Office (ISO) Comprehensive General Liability Insurance coverage. B . A copy of the policy or a certificate of insurance along with all necessary endorsements must be filed with the City not less then three (3) business days prior to the filming activity unless the City Manager for good cause waives the filing deadline. C . Proof of insurance coverage as specified in Subsection A & B above must be verified by the City prior to issuance of a film permit by the City Manager. Section 13.40.130 Indemnification and Liability. A. Prior to the issuance of the film permit, the permit applicant must sign an agreement to reimburse the City of Petaluma for any costs incurred to repair or replace City property which is damaged as the result of the filming activity. 5 B . The agreement shall also provide that the permittee shall defend, indemnify, and hold harmless the City, its officers, agents, or employees from all claims and liability of any kind whatsoever resulting from or arising out of the filming activity or issuance of the film permit. Section 13.40.140 Duties of Permittee. A. Each permittee shall comply with all terms and conditions of the permit. Failure to comply with all permit terms and conditions is grounds for permit revocation by the City Manager. B . Each permittee shall clean and restore all City owned property utilized during the filming activity to the same condition as existed prior to the filming. C. The person in charge of the filming activity shall retain a copy of the film permit on location. Section 13.40.150 Appeals. The permit applicant may appeal a permit denial, permit condition, or permit revocation or refusal to waive a deadline under this Chapter by filing an appeal within five (5) days of the date of the City Manager's decision with the City Clerk. The appeal shall be heard by the City Council at its next regular meeting. Section 13.40.160 Penalties. The violation of any provision of this Chapter, shall be an infraction. Such violations may also be addressed in a civil action. Section 2. Severability Clause. If any section, subsection, sentence, clause or phrase or word of this ordinance is for any reason held to be unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional. Section 3. The City Clerk be, and she is hereby directed to post/publish this ordinance for the period and in the manner required by the City Charter. introduced and Ordered posted/published this i5 day of April 1985. ADOPTED this 8 day of May 1985, by the following vote: AYES: Balshaw, Cavanagh, Davis, oolsey, Tencer, Mayor Mattei NOES: None ABSENT: Vice Mayor Bond ATTE ty Clerk f� rrea v. an RA cnCL Appro ed :. ~ itv A f16rrieY . i .0'