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HomeMy WebLinkAbout6.2 Muni Code Filming CITY CLERK File # D~~[Q]-~~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: AUGUST 19, 2008 SUBJECT: ATTACHMENTS: RECOMMENDATION: ,,/ I. t\LN\' 2. ~ 3. 4. 3. FINANCIAL STATEMENT: DESCRIPTION: PUBLIC HEARING: Ordinance adding Chapter 5.116 (Filming) to the Dublin Municipal Code Report Prepared by Elizabeth H. Silver, Assistant CiiX Attorney, Chris Foss, Economic Development Director, MelissaMorton, Public Works Director and Stephen Muzio, Assoc~Jite Attorney 1. Draft Ordinance Adding Chapter 5.116 to the Dublin Municipal Code Relating to Filming. Draft Resolution Establishing a Fee for Filming Permits. 2. Receive Staff presentation; Open public hearing; Receive public testimony; Close public hearing and deliberate; Waive reading and INTRODUCE the Ordinance Adding Chapter 5.116 to the Dublin Municipal Code Relating to Filming (Attachment 1). Staff proposes a filming permit fee of $50 to process such permit applications (see Attachment 2), though the fee is waived for student and charitable filming activities. The total annual amount of filming permit fees collected by the City depends on the number of filming permit applications. The ordinance also provides that all permittees shall pay the City for any costs it incurs in relation to filming activities. At its March 22, 2006 Goals and Objectives meeting, the City Council reviewed and approved with high priority the comprehensive update to certain chapters of the Dublin Municipal Code (DMC). One chapter proposed for review is DMC Chapter 5.12, which establishes regulations relating to parades within the City of Dublin (the "City"). In reviewing the parades ordinance, Staff discovered a need for establishing regulations for a related activity, namely, filming and videotaping on public and private property. Scope of the Proposed Ordinance COPY TO: StfRpt Filming Pennits; 114.1015 Page 1 of3 ITEM NO. ft,.2- Staff used the Model Filming Ordinance, produced by the California Film Commission, as a basis for this Ordinance, modifying it to meet the needs and requests of the various City departments which will have a role in administering the film permit procedures. The Ordinance regulates filming occurring on public or private property. The Ordinance defines "Filming" as all activity involved in the staging, shooting, or videotaping of motion pictures, television series or programs, television movies, commercials, or any other recording of motion on film or tape as well as all activities involved in the conduct of commercial still photography. The Ordinance requires any person who conducts, knowingly participates or engages in filming to obtain a written filming permit and pay applicable fees. However, Section 5.116.040 of the Ordinance exempts the following activities from the permitting requirement: 1) news media filming, which means all filming conducted for the purposes of broadcast by news and media reporters; 2) persons engaged in filming or videotaping activities solely for personal, noncommercial use; 3) filming that occurs upon property owned or leased for more than six (6) months by the person or entity conducting the filming where such activities are not open to view by the general public; and 4) a government agency acting within the scope of its functions. Application Procedure Depending on what types of activities will take place during the filming, applications for a permit must be filed with the Director of Economic Development between 5 and 15 business days before the proposed date of the filming. The application must include identification information, proposed date(s), time(s), and 10cation(s) of the proposed filming along with a description of filming activities, estimated number of persons who will serve as cast and crew, estimated number and type of vehicles, structures and animals involved in the filming, a statement regarding proposed use of generator(s), pyrotechnics, animals, chemicals or fire, and any additional information that the Director of Economic Development finds necessary. In addition, if the filming, or any portion thereof, is proposed to occur on private property, the applicant must provide evidence of written consent of the property owner and/or lessee ofthe property. Action on Permit Application The Ordinance provides that the Director of Economic Development shall approve, approve with conditions or deny an application for a film permit prior to the beginning of filming activities. Section 5 .116.080.B lists a number of bases which shall be cause for denial of the permit application. Some of the bases for denying a permit application include, but are not limited to, filming activity that would: constitute a violation oflocal, state or federal law, create a substantial risk of injury to persons or property, substantially disrupt traffic or have a substantial adverse effect on nearby businesses. Based on review and recommendations by the Chief of Police, the Director of Community Development, the Fire Chief, the Planning Manager, the Director of Parks and Community Services and the Director of Public Works, the Director of Economic Development shall craft conditions for the filming permit, as necessary. For example, the conditions may impose restrictions on the use of property to ensure public health and safety. In the event of permit denial, the Director of Economic Development must provide the applicant with written notice containing: 1) a statement of the facts upon which the denial is based; 2) alternative filming parameters that may be acceptable, such as a different date, time, location, or conditions that may cure the basis for denial; and 3) a statement of the applicable appeal procedure. Appeals will be heard by the City Manager. Resolution Establishing Filming Permit Fee DMC Section 5.116.070.C provides that the City Council shall, by resolution, establish a fee for the issuance of filming permits. Student and charitable filming activities would be exempted from payment of the fee, though they would not be exempt from payment of any applicable Services Charge. (See below.) The Directors of Public Works and Economic Development recommend a fee of$50 per filming permit to cover the City's costs in processing and issuing such permit (Attachment 2). In the event that the City Council introduces the proposed Ordinance relating to filming permits, the proposed resolution establishing a filming permit fee will be presented to the Council upon second reading of the Ordinance (Attachment 2). Ordinance Imposes Service Charges In addition to the filming permit application fee, the Ordinance imposes a service charge on the applicant, which represents the actual cost the City incurs in connection with the activities for which the permit is required. The service charge may include, but is not limited to, costs associated with fire safety, traffic and pedestrian control, street closures and traffic diversion, administration and coordination of City services, and the provision of support personnel, equipment, materials, and supplies. Upon receipt of a complete application, the service charge will be estimated by the Director of Public Works, Chief of Police, the Director of Community Development, the Fire Chief, the Planning Manager and the Director of Parks and Community Services. The applicant must pay, in advance of the filming activity, a cash deposit or other adequate security to cover the total estimated service charge. In addition, the Ordinance requires the applicant to reimburse the City for actual repair or replacement costs in the event that City property is damaged or destroyed by the permitted filming activity. Indemnification and Insurance Requirements The proposed Ordinance requires an applicant to execute a hold harmless agreement in a form approved by the City Attorney to protect the City from claims arising out of the permitted filming activity. In addition, the Ordinance requires the applicant to obtain public liability and property damage insurance in an amount of at least $1,000,000 combined single limit, as well as automobile and worker's compensation insurance, when applicable. Student and charitable filming activities are exempt from the provisions of this section unless the application indicates that the filming activities will pose a significant risk of damage to property or injury to persons, or there is a specific demonstrable history of personal injury or property damage claims being awarded against the applicant attributable to the applicant's conduct of previous Filming in the City. RECOMMENDATION Staff recommends that the City Council: 1) receive Staff presentation; 2) open public hearing; 3) receive public testimony; 4) close public hearing and deliberate; and 5) waive reading and INTRODUCE the Ordinance Adding Chapter 5.116 to the Dublin Municipal Code Relating to Filming (Attachment 1). Page 3 of 3 I (Of }l ORDINANCE NO. - 08 AN ORDINANCE OF THE CITY OF DUBLIN ADDING CHAPTER 5.116 TO THE DUBLIN MUNICIPAL CODE RELATING TO FILMING RECITALS WHEREAS, from time to time, the City of Dublin ("City") receives applications from film companies and individuals seeking to film within the City; and WHEREAS, the regulation of such filming activities constitutes a proper exercise of the City's police power in protecting the public health, safety, and welfare of City residents and visitors; and WHEREAS, the City wishes to cooperate with and assist filmmakers while ensuring the health, safety, and welfare of the residents of and visitors to the City; and WHEREAS, the City wishes to clarify the permit requirements for persons engaged in filming within the City. NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: Section 1. Chapter 5.116 of the Dublin Municipal Code is hereby added to read as follows: Chapter 5.116. 5.116.010 5.116.020 5.116.030 5.116.040 5.116.050 5.116.060 5.116.070 5.116.080 5.116.090 5.116.100 5.116.110 5.116.120 5.116.130 5.116.140 5.116.150 5.116.160 FILMING Purpose. Definitions. Permit Required. Permit-Exceptions. Enforcement Officer Designated. Place of Registration. Permit-Application. Permit-Issuance. Notification. Service Charge. Indemnification and Insurance. Permit-Use. Permit-Revocation. Appeal Procedure. Public Conduct. Violation-Penalty. Page 1 of 10 11e~1t:0'~ &/19!og ATTACHMENT 1 d111 5.116.010 Purpose. The purpose of this chapter is to regulate filming and videotaping, including activities associated therewith, to ensure the safety of filmmakers, filming participants and filming observers within the City. 5.116.020 Definitions. For the purposes of this chapter, the words set out in this section shall have the following meanmgs: A. "Charitable Filming" means all Filming produced by a nonprofit organization, which qualifies under Section 501(c)(3) of the Internal Revenue Code as a nonprofit or charitable organization, and from which no profit is made. B. "Days" means business days. C. "Filming" means all activity involved in the staging, shooting, or videotaping of motion pictures, television series or programs, television movies, commercials, or any other recording of motion on film or tape as well as all activity involved in the conduct of commercial still photography. "Filming" includes Student Filming, Charitable Filming, and News Media Filming. D. "Fire Chief' shall mean the Fire Chief or his or her designee. E. "News Media Filming" means all Filming conducted for the purposes of broadcast by news and media reporters. F. "Services Charge" means the actual costs that the City incurs in connection with activities for which a permit is required pursuant to this chapter, including, but not limited to, costs associated with fire safety, traffic and pedestrian control, the closure of any street, sidewalk, alley or other public way, the diverting of traffic, administration or coordination of City services, providing notice of filming activities to residents and merchants and the provision of support personnel, equipment, materials and supplies. G. . "Student Filming" means all Filming produced by a student of a public or private educational institution to satisfy a course or curriculum requirement, and from which no profit is made. 5.116.030 Permit Required. It is unlawful for any person to conduct or cause to be conducted, knowingly participate or engage in Filming on public or private property unless a written permit for such Filming has been issued and applicable fees have been paid pursuant to this chapter. Page 2 of 10 3~11 5.116.040 Permit-Exceptions. The following activities are exempt from the permit requirement set forth in Section 5.116.030: A. News Media Filming; B. Persons engaged in Filming solely for personal and private noncommercial use; C. Filming that occurs upon property owned or leased for more than six (6) months by the person or entity conducting the Filming where such activities are not open to view by the general public; and D. A government agency acting within the scope of its functions. The exemption for persons engaged in Filming solely for personal and private noncommercial use shall not apply to persons engaged in Student Filming. The exemption for Filming on property owned or leased for more than six (6) months by the person or entity conducting the Filming shall not relieve any such person or entity from complying with any applicable provisions of the Dublin Municipal Code, including the Zoning Ordinance, or with any applicable provisions of Chapter 4.04 of the Dublin Municipal Code relating to Business Registration. 5.116.050 Enforcement Officer Designated. It shall be the duty of the Director of Economic Development, or his or her designee, to enforce the provisions of this chapter. 5.116.060 Place of Registration. The applicant for a permit under this chapter must register and obtain a permit from the Director of Economic Development. 5.116.070 Permit-Application. A. 'Place and Time for Filing. Applications shall be filed with the Director of Economic Development. The deadline for filing an application for a permit under this chapter shall be as follows: 1. When the Filming will not encroach on or block any streets or involve the use of any pyrotechnics, the application shall be filed not less than five (5) business days, nor more than one year, before the proposed date of the Filming. 2. When the filming activity will encroach on or block any streets for less than 8 hours, but will not involve the use of any pyrotechnics, the application shall be filed not less Page 3 of 10 4~ /1 than (10) business days, nor more than one year, before the proposed date of the Filming. 3. When the filming activity will encroach on or block any street for 8 hours or more, or will involve the use of any pyrotechnics, the application shall be filed not less than (15) business days, nor more than one year, before the proposed date of the Filming. B. Form and Contents. Applicants for permits under this chapter must file an application in writing on a form to be furnished by the Director of Economic Development, which shall set forth the following information: 1. The name, email address, home and business addresses, and home, business, mobile and fax telephone numbers, if available, of the applicant; 2. If the Filming is to be conducted by or on behalf of an organization, the name, address and telephone number of the organization, and the name, business address and business telephone number of the president or other head of the organization, and documentation ofthe authority under which the applicant is applying for the permit on behalf of the organization; 3. The proposed date(s) and time(s) of the Filming; 4. A site-plan detailing the proposed location(s) of the Filming; 5. If the Filming, or any portion thereof, is to occur on private property, applicant shall provide evidence of written consent of the property owner and/or lessee of the subject property; 6. A description of the activities proposed for Filming, including any activity that would affect the use of the public property; 7. The estimated number of persons who will serve as cast and crew to the Filming; 8. The type and estimated number of vehicles that will be used in the Filming as well as any temporary structures that will be built as part of the Filming; 9. A statement as to whether the Filming will occupy all or only a portion of the width of any street, sidewalk, alley, or other public way proposed to be used; 10. The parking requirements for the cast and crew; II. A statement regarding any proposed use of a generator(s), pyrotechnics, animals, chemicals, or fire; and Page 4 of 10 !5~ II 12. Any additional information that the Director of Economic Development shall find reasonably necessary to make a fair determination of the regulation and conduct of such Filming. C. Application Fee. With the exception of Student Filming and Charitable Filming, all applications shall be submitted with payment of a nonrefundable fee established by resolution of the City Council. Any application submitted without the application fee shall be deemed incomplete. 5.116.080 Permit-Issuance. A. Review by City Departments. Upon the filing of a complete application for a Filming permit, the Director of Economic Development, or his or her designee, shall immediately forward the application to the Chief of Police, the Director of Community Development, the Director of Public Works, the Fire Chief, the Planning Manager and the Director of Parks and Community Services for purposes of review and estimation of Service Charges pursuant to Section 5.116.100. B. Action on Permit Application. Upon receipt of a completed application within the time limits described in Section 5.116.070.A, the Director of Economic Development shall approve, approve with conditions, or deny an application for a Filming permit prior to the proposed commencement of Filming. The permit shall be denied if the Director of Economic Development determines that any of the following conditions exist: 1. The Filming will substantially disrupt the use of a street at a time when it is usually subject to traffic congestion, or will interfere with the operation of emergency vehicles in the proposed permit area, or will unreasonably block, impede or disrupt a public street, sidewalk or right of way. 2. The location of the Filming will substantially interfere with street maintenance work or other type of public works project. 3. The proposed permit location is on City-owned property and the Filming will substantially interfere with municipal functions or other previously authorized activities on City property. 4. The Filming creates a substantial risk of injury to persons or property. 5. The applicant failed to completely fill out the permit application, or the information contained in the application is found to be false in any material detail. 6. The Filming would violate federal, state or local law including license or permit requirements. 7. The Filming would create a substantial adverse impact on businesses. Page 5 of 10 0~ II 8. The Filming would create a substantial adverse impact on the public health and safety. When the grounds for permit denial can be corrected by imposing reasonable permit conditions, the Director of Economic Development may impose such conditions rather than deny the permit. C. Notice of Permit Issuance. Immediately upon the issuance of a Filming permit, the Director of Economic Development shall send a copy thereof to the following: 1. The applicant; 2. The City Manager; 3. The Chief of Police; 4. The Director of Community Development; 5. The Director of Public Works; 6. The Fire Chief; 7. The Planning Manager 8. The Traffic Safety Committee; and 9. The Director of Parks and Community Services. D. Notice of Permit Denial. If a permit application is denied pursuant to Section 5.116.080.C, the Director of Economic Development shall provide the applicant with written notice of denial, which must contain: 1. A statement of the facts upon which the denial is based; 2. Alternative Filming parameters that may be acceptable, such as a different date, time, location, or conditions that may cure the basis for denial; and 3. A statement of the appeal procedure set forth in Section 5.116.130. E. Change of Date. Upon notice by the permittee in advance of the scheduled filming date and upon a showing of good cause, the Director of Economic Development may, at his or her discretion, change the date or location for which the film permit has been issued without requiring a new application, or a new application fee, provided permittee complies with all other terms and conditions of the permit. Page 6 of 10 11 II 5.116.090 Notification. All residents and merchants within a 200 foot radius of the Filming location shall receive notice of the Filming at least 24 hours prior to the commencement of Filming or as soon thereafter as possible. 5.116.100 Service Charge. A. In addition to the permit application fee set forth in Section 5.116.070.C, all applicants, including those engaging in Student Filming and Charitable Filming, shall pay a Services Charge to the City to compensate it for all expenses incurred by the City in connection with, or due to, the activities under the permit. If City property is damaged or destroyed as a result of the Filming, the permit holder shall reimburse the City for the actual repair or replacement costs of the damaged or destroyed property. B. Following the receipt of a complete application, the Director of Economic Development shall determine, with recommendations from the Chief of Police, the Director of Community Development, the Director of Public Works, the Director of Parks and Community Services, the Planning Manager and the Fire Chief, as necessary, the estimated amount of Service Charges. Prior to issuance of the Filming Permit, the applicant shall pay to the City a cash deposit, or other adequate security as determined by the Director of Economic Development, in an amount sufficient to cover the total Service Charges that the Director of Economic Development estimates will be incurred in connection with the permit. C. City departments shall submit the final invoices and billings for the Service Charge to the Director of Administrative Services no later than twenty (20) calendar days after the permitted Filming. If the deposit submitted pursuant to Section 5.116.090.B is less than the final Service Charges, the permit holder shall pay the difference to the City within ten (10) calendar days of being invoiced for such charges by the City. If the deposit is more than the final Service Charges, the City shall refund the difference to the permit holder within forty-five (45) calendar days after permitted Filming. 5.116.110 Indemnification and Insurance. A. Indemnification Agreement. Whenever any Filming will take place on public property, the applicant shall execute a hold harmless agreement in a form approved by the City Attorney agreeing to defend, protect, indemnify and hold the City, its officers, employees, agents, and volunteers free and harmless from and against any and all claims, damages, expenses, loss or liability of any kind or nature whatsoever arising out of, or resulting from, the alleged acts or omissions of the permit holder, its officers, agents or employees in connection with the permitted Filming. This indemnification agreement shall be executed prior to the issuance of the permit. B. Insurance. Whenever any Filming will take place on public property, the applicant shall obtain commercial general liability insurance prior to the issuance of the permit in an Page 7 of 10 Q,1f1 amount of at least $1,000,000 per occurrence combined single limit. If the applicant intends to use vehicles in activities associated with the permit, the applicant shall obtain automobile liability insurance in an amount of at least $1,000,000 per accident. If the applicant intends to use pyrotechnics in activities associated with the permit, the applicant shall, in addition to the commercial general liability insurance, obtain liability insurance in an amount of at least $5,000,000 per occurrence combined single limit. Where the Fire Marshal, in his or her opinion, deems this amount inadequate for the payment of all damages which may be caused to a person or persons or to any property by reason of the pyrotechnics activity. Worker's Compensation insurance shall be obtained pursuant to statutory requirements. Such insurance shall be from an insurer and in a form approved by the City Risk Manager or his or her designee, with preference given to companies licensed to do business in the state of California and having an AM. Best Rating of at least "A: VII". City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Proof of insurance shall be filed with the Director of Economic Development and such insurance shall remain in full force and effect for the duration of the permitted Filming. Applicants who intend to engage in Student Filming or Charitable Filming are exempt from the provisions of this section, unless the contents of the application indicate that the Filming will pose a significant risk of damage to property or injury to persons or there is a specific demonstrable history of personal injury or property damage claims being awarded against the applicant attributable to the applicant's conduct of previous Filming in the City. 5.116.120 Permit --Use. A permit holder shall comply with the following: A The permit holder and all persons involved in the Filming shall comply with all permit conditions, and with all applicable laws and ordinances. B. The permit holder shall carry the Filming permit and any other permit required by the provisions of the Dublin Municipal Code upon his or her person throughout the Filming, and shall exhibit the permit upon the request of any City official. C. No permit issued under the provisions of this chapter shall be used at any time by any person other than the one for whom it was issued. D. The permit holder shall not engage in Filming prior to 7:30 a.m. or after 5:30 p.m., unless otherwise indicated on the permit. Page 8 of 10 ~~ 11 E. The permit holder shall clean and restore all City owned property utilized during Filming to the same condition as it was in prior to the Filming. 5.116.130 Permit--Revocation. Permits issued under the provisions of this chapter may be revoked by the Director of Economic Development for failure to comply with all permit terms and conditions or at any time that he or she learns that information contained in the application was false in any material detail 5.116.140 Appeal Procedure. Any person excepting to the denial or revocation of a permit applied for or held by him or her pursuant this chapter shall have the right to appeal to the City Manager in accordance with Section 1.04.050 of the Dublin Municipal Code. 5.116.150 Public Conduct. A. No person shall unreasonably hamper, obstruct, or impede or interfere with any permitted Filming. B. The Chief of Police shall have the authority, when necessary for the safety and protection of persons engaged in or observing the Filming, to prohibit or restrict the parking of vehicles along the street or part thereof, which shall be used in the Filming. Director of Economic Development shall post signs to such effect and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. 5.116.160 Violation-Penalty. Any violation of the provisions of this chapter shall be punished in accordance with Section 1.04.030. Section 2. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Section 4. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this _ day of ,2008. Page 9 of 10 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Carolyn Parkinson, Interim City Clerk 871386.8 Page 10 of 10 I o~ II Janet Lockhart, Mayor 11~ I r RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN EST ABLISHING A FEE FOR FILMING PERMITS WHEREAS, on _, 2008, the City Council adopted Ordinance No. _, establishing filming permit requirements under Dublin Municipal Code (DMC) Chapter 5.116; and WHEREAS, DMC Section 5.116.070.C provides that the City Council shall, by resolution, establish an application fee for the issuance of filming permits; and WHEREAS, the Director of Public Works recommends that the City Council adopt a fee of $50 per filming permit, to cover the City's costs in processing and issuing such permit. NOW, THEREFORE, the City Council of the City of Dublin does RESOLVE to establish a fee for each filming permit in the amount of $50, pursuant to Dublin Municipal Code Section 5. 116.070.C. PASSED, APPROVED, AND ADOPTED this _ day of following vote: 2008, by the AYES: NOES: ABSENT: ABSTAIN: Janet Lockhart, Mayor 8748]7_];] ]4.1015 Page I of 1 ATTACHMENT 2