[§ 1, Ord. 817, eff. December 3, 1987]
This chapter shall be known as the "Motion Picture, Television and Photographic Production Ordinance" of the City of Avalon.
[§ 1, Ord. 817, eff. December 3, 1987]
For purposes of this chapter "Motion picture, television and photographic production" shall mean all activity attendant to staging or shooting (video taping or filming) commercial motion pictures, television shows, programs or commercials, and to the taking of single or multiple photographs for sale or use for a commercial purpose where the photographer sets up stationary equipment on public property or the public right-of-way in any one location for longer than five consecutive minutes.
[§ 1, Ord. 817, eff. December 3, 1987]
No person shall use any public right-of-way, or any public or private property, facility or residence for the purpose of producing, taking or making any commercial motion picture, television or photographic production as defined in § 5-15.02 without a permit issued pursuant to the provisions of this chapter.
[§ 1, Ord. 817, eff. December 3, 1987]
The provisions of this chapter shall not apply to the following:
(a) 
Current news productions, which include reporters, photographers or cameramen in the employment of a newspaper, news service, broadcasting station or similar entity engaged in the broadcasting of news events; this exemption for current news productions shall include news magazine format productions as long as the production does not use or require placement of stationary equipment on public property or rights-of-way in any one location for longer than five consecutive minutes.
(b) 
Charitable purposes, which include productions which are conducted or carried on wholly for a charitable purpose or from which no profit is derived, either directly or indirectly; provided, however, that such charitable production shall be exempt only from the provisions of § 5-15.06.
(c) 
Productions which are conducted by a cable television company operating under a franchise granted by the City and which are not conducted on public property and which involve fewer than two motor vehicles.
[§ 1, Ord. 817, eff. December 3, 1987]
Any person desiring a permit under the provisions of this chapter shall make application on the appropriate form provided by the City. The completed application shall be submitted at least five working days prior to the date on which such person desires to conduct an activity for which a permit is required.
[§ 1, Ord. 817, eff. December 3, 1987]
Each application shall be accompanied by a fee as established by resolution of the City Council.
[§ 1, Ord. 817, eff. December 3, 1987]
The City Manager shall issue a permit as provided for in this chapter when, from a consideration of the application and from such other information as may be otherwise obtained, he/she finds that:
(a) 
The conduct of such activity will not unduly interfere with traffic or pedestrian movement or endanger public safety and that no streets will be completely closed to traffic for an unreasonable period of time.
(b) 
The conduct of such activity will not 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.
(c) 
At the determination of the Fire Chief, the conduct of such activity will not constitute a fire hazard or any other type of hazard and all proper safety precautions will be taken as determined by the Fire Chief.
The decision of the City Manager 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.
[§ 1, Ord. 817, eff. December 3, 1987]
If deemed necessary by the City Manager, additional Sheriff, code enforcement, fire, and other City services shall be provided for the purpose of protecting, assisting and regulating the proposed activity. The cost of providing such additional services shall be paid in advance to the City by the applicant. Any additional City services will be provided/coordinated through the City Manager or his/her designee.
[§ 1, Ord. 817, eff. December 3, 1987]
The City shall require, as a condition of issuing such a permit, that the applicant furnish insurance in the amount of $1,000,000 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 the City property arising out of the permittee's activities. An additional $5,000,000 of such general liability insurance coverage shall be required in the event aircraft or helicopters are used in the activity. A copy of the policy will remain on file with the application. The City and its officers and employees shall be named as additional insureds under the policy, which shall not be subject to cancellation without 30 days' written notice to the City. Applicant shall also submit verification that adequate Worker's Compensation insurance coverage is maintained.
[§ 1, Ord. 817, eff. December 3, 1987]
The applicant shall execute a hold harmless agreement as provided by the City prior to the issuance of any permit.
[§ 1, Ord. 817, eff. December 3, 1987]
The applicant 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 Manager's approval.
[§ 1, Ord. 817, eff. December 3, 1987]
The applicant 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 City's satisfaction. Applicant shall be responsible for restoring any area damaged or disrupted before leaving the site. If the site is not repaired or restored to the City's satisfaction, the City Manager shall have the necessary restoration and/or repairs performed and shall pay for such work from either a cash or surety bond which shall be posted with the City to ensure faithful performance of such restoration. Such faithful performance bond shall be filed at the time of the application in an amount of $500 or in any higher amount determined by the City Manager to be reasonably required under the circumstances. The amount of the bond shall in no way limit the applicant's liability or responsibility for the cost of repairs or restoration in the event these costs exceed the bond amount.