[§ 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.
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[§ 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.