[HISTORY: Adopted by the Mayor and Council
of the Town of Clinton 9-22-1987 by Ord. No. 87-17. Amendments noted
where applicable.]
GENERAL REFERENCES
Filming permit fees — See Ch. 73.
As used in this chapter, the following terms
shall have the meanings indicated:
Actors, extras, crew and all other persons who will participate
in the filming.
[Added 7-28-2009 by Ord. No. 09-09]
The taking of still or motion pictures, or any incidental
activities in connection therewith, using film, videotape or similar
recording equipment, for commercial or educational purposes, intended
for viewing on television or in theaters or for institutional use
or for advertising purposes, any portion of which activity occurs
on public lands.
Any and every public street, highway, sidewalk or square,
public park or playground or other public place within the Town which
is within the jurisdiction and control of the Town.
There shall be a three-member Film Commission
established, consisting of the Mayor, Chief of Police and one Councilperson
appointed by the Mayor, or their designees, which is hereby authorized
to issue permits for filming or performing incidental activities in
connection therewith on public lands.
A.
No person, firm or corporation shall film or permit
filming or any activity in connection therewith within the Town of
Clinton on public land without first obtaining a permit therefor from
the Film Commission, which permit shall set forth the location of
such filming and the date or dates when filming shall take place.
B.
Permit forms shall be obtained from the office of the Town Clerk during normal business hours. Applications for such permits shall be in a form approved by the Town Clerk and shall be accompanied by a permit fee as set forth in Chapter 73, Fees.
C.
With each permit, the applicant shall provide the
following information:
(1)
The number of members of the filming crew.
[Amended 7-28-2009 by Ord. No. 09-09]
(2)
The estimated number and description of types of all
vehicles to be used by the crew, including vehicles used for transportation.
(3)
A description of arrangements for parking for crew
and work vehicles.
(4)
A description of sanitary arrangements to be made
for crew and bystanders.
(5)
A description of crowd control measures.
(6)
A description of all location areas for filming or
incidental activities.
(7)
A description of cleanup methods to be used.
(8)
A description of any special electrical requirements
and the methods of satisfying those requirements, including all electrical
permits required.
(9)
Such information necessary to establish that the applicant can comply with the rules and regulations set forth in § 75-4 hereof.
(10)
Proof of insurance coverage as follows: combined single
limit liability limits of $1,000,000 and aggregate coverage in the
amount of $2,000,000. The Town of Clinton shall be named as an additional
insured under the applicant's policy.
[Amended 10-12-1993 by Ord. No. 93-18]
(11)
An agreement in writing to indemnify and save harmless
the Town of Clinton from any and all liability or damages from the
use of such public lands for such filming.
(12)
Such other information as required by the Film Commission
necessary to protect the health, safety and welfare of the residents
of the Town.
[Added 10-12-1993 by Ord. No. 93-18]
Prior to the issuance of the permit, the applicant
shall post a cash bond in the amount of $2,000 to assure that the
applicant has fully complied with all the terms and conditions of
the permit and to reimburse the Town for property damage. The posting
of the bond shall not be in lieu of providing liability insurance.
The cash bond will be returned to the applicant, without interest,
within 30 days after the applicant has notified the Town, in writing,
that it has completed filming, unless the Town has unsatisfied claims
against the applicant, in which case the Town will hold the bond,
or a part thereof, until all claims against the applicant are satisfied.
A.
The holder of a permit shall take all reasonable steps
to minimize interference with the free passage of pedestrians and
traffic over public lands and shall comply with all lawful directives
issued by the Town of Clinton Police Department with respect thereto.
B.
The holder of a permit shall conduct filming in such
a manner so as to minimize the inconvenience or discomfort to adjoining
property owners attributable to such filming and shall, to the extent
practicable, abate noise and park vehicles associated with such filming
off the public streets. The holder shall avoid any interference with
previously scheduled activities upon public lands and limit to the
extent possible any interference with normal public activity on such
public lands.
C.
The holder of a permit shall take all reasonable steps
to minimize the creation and spread of debris and rubbish during filming
and shall be responsible for removing all equipment, debris and other
rubbish from the filming location upon the completion of filming or
the expiration of the permit, whichever comes first. The Town will
require the posting of a letter of credit, bond or other performance
guaranty in the amount of $1,000 to cover possible costs incurred.
D.
Filming shall take place within the hours agreed upon
by the Town Film Commission and the film company.
E.
Each film location shall have an off-duty Town of
Clinton police officer, or a police officer approved by the Town of
Clinton Police Chief, at the film location, the cost of which shall
be paid by the film company, unless the Chief shall determine that
no officer is necessary.
F.
No public street in the Town may be closed without
the express permission of the Mayor and Council.
G.
If any inspections such as fire, electrical, building
or plumbing are required, the costs shall be paid by the film company.
A.
The Film Commission will authorize the issuance of a permit to the applicant if it determines, based on the information supplied, that the applicant can provide adequate measures for parking, sanitary facilities, crowd control and cleanup; that the applicant will comply with the rules and regulations set forth in § 75-4 hereof; and that the filming will not unduly interfere with the use and enjoyment of private property or the public facilities of the Town and will not endanger the public's health, safety and welfare.
B.
The Town Film Commission may refuse to issue a permit
whenever, in its judgment, based on the information submitted, it
determines that:
(1)
Filming at the location and/or the time set forth
in the application would violate any law or ordinance or would unreasonably
interfere with the use and enjoyment of adjoining properties, unreasonably
impede the free flow of vehicular or pedestrian traffic or otherwise
endanger the public's health, safety or welfare.
(2)
The applicant has not established that it has provided
adequate measures for parking, sanitary facilities, crowd control
and cleanup.
(3)
The applicant has failed to establish that the filming
would not unreasonably interfere with the use and enjoyment of adjoining
properties; unreasonably impede the free flow of vehicular or pedestrian
traffic; or otherwise endanger the public's health, safety or welfare.
Any person violating this chapter or rules and
regulations contained herein shall be subject to a fine not to exceed
$1,000 or imprisonment for a term not to exceed 90 days, or both.
[Amended 7-28-2009 by Ord. No. 09-09]
The provisions of this chapter shall not apply
to the filming of news stories or filming with a crew of four or fewer
members.
