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HomeMy WebLinkAbout71.84 ORDINANCE NO. 71.84 AN ORDINANCE OF THE CITY OF SARATOGA ADDING- ARTICLE 4~0 TO THE crrY CODE CONCERNING MOTION ' PICTURE FILMING The City Council of the City of Saratoga hereby ordains as follows: SECTION h A new Article 4-60 is added to Chapter 4 of the City Code, to read as follows: "ARTICLE 4-60 MOTION PICTURE FILMING Beetions: 4-60.010 Purpose and definition 4-60.020 Designation of Public Services Director 4-60.030 Permit required 4-60.040 Exemptions from Article 4-60.050 Application for permit; fee 4-60.060 Issuance of permit 4-60.070 Conditions of permit 4-60.080 Insurance and indemnification 4-60.090 Modification of permit 4-60.100 Cost of services; cleaning deposit 4-60.110 Cancellation or revocation of permit *** S4-60.0 10 Purpose and definition (a) This Article is adopted in accordance with Section 14999.21 of the Government Code, for the purpose of implementing the Model Film' Permit Process as established by the California Film Commission. (b) The term "motion picture filming," as used in this Article, shall mean and include the staging and shooting of motion pictures, television programs or commercials. S4-60.020 Designation of Public Services Director The Public Services Director is hereby designated as the City's representative to work directly with the film industry and to administer and enforce the provisions of this Article. In the absence or unavailability of the Public Services Director, applications for motion picture filming permits shall be processed by such alternate person as he may designate. 64-60.030 Permit requried (a) No person shall engage in the activity of motion picture filming in the City without first obtaining a permit to do so pursuant to this Article. (b) The holder of a valid motion picture filming permit issued pursuant to this Article shall not be required to obtain a separate business license under Article 4-05 of this Chapter, or any other form of special permit, license or approval from the City for the activities authorized to be conducted under the terms and conditions of the motion picture filming permit. 6460.040 Exemptions from Artiele Notwithstanding Section 4-60.030, the provisions of this Article shall not apply to any of the following: (a) Broadcasting or filming of current news events by persons in the employ of a television station, newspaper, or other news media organization. (b) Broadcasting or filming conducted by persons affiliated with the community access television station servicing the City, as referenced in Section 4- 25.070(a) of this Chapter. (c) Motion picture filming and videotaping for private non-commercial use. 6460.050 Application for permit; fee (a) Applications for a motion picture filming permit shall he filed with the Publie'Services Director on the standardized application form as promulgated by the California Film Commission. The application shall include such additional information concerning the nature and extent of the proposed filming activity as the Public Services Director may reasonably require, including the intended use of public facilities and the anticipated need for public services. (h) The application shall be accompanied hy payment of a filing fee in such amount as established from time to time by resolution of the City Council. The filing fee shah be equivalent to the City's direct and indirect costs for processing and issuing the motion picture filming permit and monitoring the permittee's eompliunee with any conditions set forth therein. (c) The Public Services Director may forward a copy of the application to any other City departments and public agencies he deems appropriate for review and comment, including, hut not limited to, the City engineering and maintenance departments, the County Sheriff, and the fire district having jurisdiction over the proposed filming activity. Any conditions or requirements requested by such other City departments and public agencies shall be incorporated into the motion picture filming permit. S4-60~060 Issuance of permit (a) The Publie Serviees Director shah issue the motion pieture filming permit when all requirements for issuance thereof have been fully satisfied, as determined by said Director. The permit shall not become effective until it has been signed by the applicant to indicate aeeeptance of aH terms and conditions that may be specified in the permit. (b) A eopy of the motion picture filming permit shall be kept on site at all times during the eonduct of the filming activity and shall be available for inspection by any representative of the City or any law enforcement officer. (c) In the event the proposed motion picture filming activity requires a permit or approval to be granted by any other governmental agencies, the Public Services Director shall indicate such fact on the permit issued to the applicant and shall notify such other agencies of the proposed filming activity. $4-60.070 Conditions of permit _ (a) The motion picture filming permit may be issued subject to any conditions or requirements which the Public Services Director considers necessary or appropriate for protection of the public safety and protection of public and private property. Such conditions and requirements may include, without limitation, any or all of the following: (1) Hiring of police personnel for security and traffic control. (2) Furnishing of traffic and crowd eontrol signs, barricades, and devices. (3) Implementation of safety measures to prevent the occurrence of fire. (4) Repair or replacement of any damaged public or private property. (5) Restrictions on the time of day during which, and the locations at which, the filming and related activities may be conducted. (6) Requirements for control and daily removal of trash and debris and restoration of the site upon completion of the filming activity. (b) The Public Services Director shall have continuing authority following issuance of the permit to modify the conditions set forth therein or impose additional conditions for the protection of persons and property. S4-60.080 Insurance and indemnification (a) No motion picture filming permit shall be issued until the applicant has furnished to the Public Services Director a general liability special endorsement, in the form prescribed or approved by the California Film Commission, showing comprehensive general liability insurance coverage in the amount of not less than one million dollars, and naming the City and its officers, officials, employees and volunteers as insured parties under the applicant's policy. The endorsement shall provide for such deductibles and other coverages as specified or approved by the Public Services Director. (b) Every motion picture filming permit shall be issued subject to the condition and requirement that the permittee indemnify, defend and hold the City and its officers, officials, employees and volunteers harmless from and against any and aH claims, demands, costs, expenses, or liabilities arising from, or in any manner relating to, the conduct of the motion picture filming activity by the permittee and its employees, agents, contractors, subcontractors, representatives, or invitees. S4-60.090 Modification of permit In response to a request from the permittee, the Public Services Director may issue riders to the motion picture filming permit for the purpose of amending any term or provision contained therein. No additional application fee shah be charged for staff time to process the amendment, but the permittee shall pay any other costs or expenses the City may incur as a result of such request. The rider may be issued subject to any additional conditions imposed by the Public Services Director in accordance with Section 4-60.070 of this Article. A motion picture filming permit may not be amended after the filming activity has been completed and aH conditions of the original or amended permit have been fully satisfied. $4-6 0, 100 Cost of services; cleaning deposit (a) The permittee shah be required to pay all costs of providing public facilities and public services for the motion picture filming activity to be conducted pursuant to the permit, including, but not limited to, police and fire department personnel costs, Community Service Officer costs, and City maintenance department costs. As a condition for issuance of the motion picture filming permit, the Public Services Director may require payment of a cash deposit in an amount equal to the estimated cost of all such public facilities and services. Within ten business days after completion of the filming activity, the City shah furnish to the permittee an accounting of the actual total cost of all public facilities and services provided to or for the benefit of the permittee. The Director shall either refund to the permittee any balance of the cash deposit remaining after payment of such total cost, or submit to the permittee a billing for the amount by which the actual total cost of public facilities and services exceeds the cash deposit. The permittee shah pay any excess cost within ten days after submission of the billing. (b) As a separate condition for issuance of the motion picture filming permit, the Public Services Director may require payment of a damage and cleaning deposit to secure the permittee's obligation to maintain and leave the filming location in proper condition. The cleaning deposit, or any remaining balance thereof, shall be refunded to the permittee within ten business days after completion of the filming activity. The City shah furnish to the permittee a statement describing nature and amount of any disbursements made from the cleaning deposit. -4- S4-60.110 Cancellation or revocation of permit (a) The permittee may cancel the permit at any time prior to the conduct of filming activity by giving written notice of cancellation to the Public Services Director. In such event, any cash deposits collected by the City pursuant to Section 4-60,100 of this Article shall be refunded to the permittee, together with any portion of the application fee representing the estimated cost of monitoring the filming activity, as determined by the Public Services Director. (b) The Public Services Director may revoke a motion picture filming permit upon any failure by the permittee to comply with any condition or requirement set forth in the permit." SECTION 2: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not af,fect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SECTION 3: This Ordinance shall be in full force and effect thirty days after its passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular , 1990, by the following vote: AYES: Counc i 1 member s Anderson, C1 evenger, Koh 1 er, Mon i a, and Mayor Stutzman NOES: None ABSENT: None C"~' M~'~yO~R~ ~ ATTEST: ,, pub~)sh~d according to isv/, Deputy City Clerk