This chapter shall be known as the Santa Fe County Film Ordinance.
(Ordinance 2010-06, sec. 1, adopted 6/8/10)
The county affords numerous locations for commercial filming
by motion picture and television productions. The board of county
commissioners finds that it is in the best interests of the county
to regulate such commercial filming activities to protect the health,
safety, welfare and wellbeing of the county and its residents by requiring
permits and fees for those activities.
(Ordinance 2010-06, sec. 2, adopted 6/8/10)
Administrator.
The land use administrator established under Ordinance 1996-10,
Santa Fe Land Development Code, or comparable position under amended
or successor ordinances.
Applicant.
Either the person requesting a film permit or an agent or
representative with authority to bind the person requesting a film
permit.
Charitable films.
Commercials, motion pictures, television, or videotapes produced
by a nonprofit organization that qualifies under section 501(c)(3)
of the Internal Revenue Code as a charitable organization and for
which no profit shall be received by any person, directly or indirectly,
from marketing and production of the film or from showing the film.
County-produced government access films.
Motion pictures or programs produced by or in association
with the county and for which no profit shall be received by any person,
directly or indirectly, from marketing and production of the film
or from showing the film.
Film, filming or filming activity.
All activity in preparation of, or attendant to, staging,
making, striking, filming or video recording of commercial motion
pictures, television shows, programs and commercials, including magazine
or documentary programs and still photography productions involving
ten (10) or more people.
Film permit or permit.
Written authorization from the administrator to conduct filming
activity as described in the permit.
Major production.
A production operating with a cast and crew which exceeds
fifteen (15) members associated with the production.
Media district.
A specific district within the Santa Fe Community College
District where a variety of media businesses such as, publishing,
broadcast and filming activities are regularly conducted entirely
upon the premises.
News media.
Photographing, filming or videotaping for the purpose of
either planned or unplanned reporting by television news broadcasts,
newspapers or other reporting by reporters, photographers or camera
operators concerning persons, scenes or events which are in the news
and of general public interest.
Person.
An individual, corporation, business trust, estate, trust,
partnership, limited liability company, sole proprietorship, association,
joint venture or any legal or commercial entity.
Small scale production.
A production operating with a cast and crew of fifteen (15)
members or less associated with the production.
Student films.
Motion pictures, television programs or commercials produced
to satisfy a course or curriculum requirement at an educational institution.
The student filmmaker must be currently enrolled at an educational
institution.
Studio.
A sound stage comprised of a controlled interior environment,
approved by the county, where filming activities are regularly conducted
upon the premises.
(Ordinance 2010-06, sec. 3, adopted 6/8/10)
No film permit shall be required for the following activities.
(1) News
media activities performed by reporters, photographers or camera operators
employed by a television station, news service, newspaper or similar
entity engaged in on-the-spot media, publishing or broadcasting of
news events.
(2) Family
or personal use filming.
(4) Still
photography productions involving less than ten (10) people.
(5) County-produced
government access films.
(6) Filming
activities occurring within the media district.
(8) Filming
activities conducted within a sound stage or studio pursuant to a
valid county business license.
(Ordinance 2010-06, sec. 4, adopted 6/8/10)
(A) Permit
application.
Any person intending to occupy or use any
private property, property owned or controlled by the county or other
public property subject to the county’s jurisdiction for filming
activity shall submit an application for a film permit to the administrator
(county land use department) in the form prescribed by the administrator
at least ten (10) working days prior to the date on which the person
intends to commence filming. If filming may interfere with traffic
or may involve potential safety hazards, the application shall be
submitted at least fifteen (15) working days prior to the date on
which the person intends to commence filming. In determining whether
to grant the film permit, deny the permit or to grant the permit in
part and to deny the permit in part, the administrator shall consider
the following: public health and safety, avoidance of undue disruption
to persons within the area where the filming is proposed, traffic
congestion and safety of private and public property. The application
for a film permit shall require the applicant to provide such information
as may be required by the administrator to evaluate the application,
indemnify and hold the county harmless from the filming activity and
provide proof of insurance naming the county as an additional insured.
A person who fails to apply for a filming permit when required to
do so shall be deemed in violation of this chapter and if found guilty
of violating this chapter may be punished in accordance with NMSA
1978, section 4-37-3 (1975) (as amended).
(B) Change
of filming date(s).
Upon request by the holder of a film
permit, the administrator may, upon a showing of good cause, change
the date(s) for which a film permit has been issued, provided all
other requirements, including duration and location of filming, shall
continue to be met.
(C) Acknowledgement
in film credits.
The applicant shall agree that an acknowledgment
shall appear in the credits of the motion picture, documentary or
television program stating the production was filmed within the county.
(D) Dismantlement
of temporary structures.
If filming activity includes
construction of any temporary structures, the applicant shall be responsible
for dismantling them and returning the property to its original condition
within thirty (30) days of the expiration of the permit.
(E) Clean
up.
The applicant shall conduct operations in an orderly
fashion with continuous attention paid to the storage of equipment
not in use and the cleanup of all trash and debris at the property
used for filming. The property used for filming shall be cleaned of
trash and debris upon completion of filming and restored to its original
condition.
(F) Consent
for filming.
The applicant shall obtain the property
owner’s written permission, consent, and/or lease for the use
of any property to be used for filming not owned or controlled by
the county and a copy of the property owner’s written approval
shall accompany the film permit application. If the property to be
used for filming is owned or controlled by the county, the applicant
shall execute a lease or other written approval acceptable to the
county to use the property for filming and a copy of that approval
shall accompany the film permit application.
(G) Flood
control.
When filming in a floodplain area or an area
subject to flooding, an applicant must vacate the area when inclement
weather is evident due to the potential for flash flooding in the
county.
(H) Public
works department.
If the applicant must park equipment,
trucks, and/or cars on a county right-of-way or requires additional
access from a county road, the applicant shall obtain written pre-approval
from the county public works department and a copy of that written
pre-approval shall accompany the film permit application.
(I) Traffic
control.
If filming activity may impair traffic flow,
the applicant shall be responsible for notifying the state department
of transportation, the county public works department, the county
sheriff’s department and the state police before the applicant
submits the film permit application to the administrator. The applicant
shall include as part of the film permit application proof of notification
to the foregoing entities, their responses and an explanation of all
steps the applicant shall take to comply with any traffic-control
requirements imposed by them. In addition, the following requirements
shall apply:
(1) The applicant shall be responsible for requesting assistance from
the county sheriff’s department and/or the state police in mitigating
any traffic flow impedance that may be caused by filming, shall be
responsible for any unusual costs that may be incurred by the sheriffs
office and/or the state police for providing such assistance and shall
comply with all traffic-control requirements that may be specified
by the administrator to grant the film permit application.
(2) The applicant shall furnish and install advance warning signs, any
other traffic-control devices and take all safety precautions as may
be required by the state department of transportation and/or county
public works department.
(3) Traffic may be restricted to one twelve (12) foot lane of traffic
and/or stopped intermittently. The period of time that traffic may
be restricted will be determined by the county sheriff’s department
or the state police, based on location. Traffic shall not be detoured
across a double line without official prior approval.
(4) Unless authorized by the county sheriff’s department or the
state police department, camera cars must be driven in the direction
of traffic and must observe all traffic laws.
(5) Any emergency roadwork or construction by the county and/or private
contractors under permit or contract to the county shall have priority
over filming activities.
(J) Conflagration.
If a scene requires a fire, pyrotechnics, campfire, explosions,
open flame or burning, a fire safety advisor, officer or a similarly
qualified person, such as a licensed pyrotechnic operator, shall be
assigned by the applicant to the movie set or site. Such activity
must be pre-approved by the county fire marshal and all county fire
marshal requirements shall be met. The applicant shall submit as part
of the film permit application:
(1) Proof it has written pre-approval from the county fire marshal; and
(2) An explanation of all steps it shall take to comply with all county
fire marshal requirements.
(K) Notification.
Unless waived by the administrator, the applicant shall take
all reasonable efforts to provide at least forty-eight (48) hours’
advance notice to all persons occupying properties adjacent to the
filming location.
(Ordinance 2010-06, sec. 5, adopted 6/8/10)
(A) General
liability insurance, including automobile.
Before a film
permit is issued, the applicant shall obtain a comprehensive general
liability and automobile insurance policy with liability limits in
amounts not less than $1,050,000 combined single limits of liability
for bodily injury, including death, and property damage for any one
occurrence. The applicant shall provide the administrator with a certificate
of insurance evidencing such insurance as part of the film permit
application and the county shall be named as an additional insured
on the insurance policy.
(B) Worker’s
compensation insurance.
The applicant shall comply with
all federal and state requirements for worker’s compensation
insurance for those employed for the film production.
(C) Hold
harmless agreement.
The applicant shall execute an indemnification
agreement in the form specified by the administrator prior to the
issuance of a film permit.
(D) Performance
deposit/surety bond.
To ensure cleanup and restoration
of the property where filming will occur, the applicant may be required
to post a refundable deposit, in the form of a letter of credit or
surety bond at the time the permit application is submitted. Upon
completion of filming an inspection of the filming location site shall
be conducted by the administrator and the deposit may be returned
to the applicant upon determination resort the deposit is not required
for cleanup and restoration of the filming location [sic]. The amount
of the deposit required will be determined by the administrator and
shall depend upon the nature of filming proposed to assure the filming
location site can be returned to its pre-film condition.
(E) Children
and youth services.
An applicant shall conform to all
applicable state children, youth and families department requirements
for all children and youth participating in the film production.
(Ordinance 2010-06, sec. 6, adopted 6/8/10)
(A) Permit
issuance.
A film permit may be issued only after all
appropriate agency signatures have been secured on the film permit
application, all written approvals have been obtained, insurance and
indemnification has been provided, all requirements imposed by the
administrator have been met and all permit fees have been paid. The
following information shall be included in the film permit application:
(1) Name, address and phone number of the production company; name, address
and phone number of the production company owner; address and telephone
number of location(s) where filming activity is to be conducted.
(2) Description of the specific filming location(s) and the type of scenes
or activity to be filmed.
(3) Hours and dates filming activity will occur. Hours noted shall include
arrival and departure times.
(4) General statement of the type or nature (e.g., feature film, documentary,
commercial, etc.) of the filming activity.
(5) Name, address and telephone number of the person or persons in charge
of the filming activity.
(6) Number of personnel to be involved (cast and crew) in the filming
activity.
(7) Specific location(s) of all staging areas.
(8) Detailed site location map and detailed drawings of all structures
proposed for construction by the production company. All structures,
alterations and/or disturbance to the site must be dismantled and/or
returned to pre-production condition within thirty (30) days of the
expiration of the film permit.
(10) Exact amount/type of vehicles/equipment to be involved.
(11) All lights used for night filming must be shown on the site location
map. To preserve the county night sky, all lighting must be site and/or
scene specific.
(12) Any contribution(s) to community organization(s) the applicant intends
to make for the overall benefit of the community where the filming
activity will occur.
(B) Permit
revocation.
The administrator may revoke a film permit
if the applicant, or any agent, employee, or contractor of the applicant
fails to comply with the requirements set forth in this chapter, or
in the film permit, or if it is determined the film permit application
was false in any material detail. Notice of the grounds for revocation
of the film permit shall be provided in writing by the administrator
to the applicant or person in charge at the location of the filming
activity.
(C) Permit
suspension.
The county sheriff and/or county fire department
officers may suspend the film permit if at any time the filming activity
poses an immediate hazard to persons or property and the location
manager will not, or cannot, prevent the hazard after being instructed
to do so by a law enforcement officer. The grounds for the film permit
suspension shall be provided in writing by the administrator to the
applicant within two (2) working days of the suspension.
(Ordinance 2010-06, sec. 7, adopted 6/8/10)
The applicant may appeal the denial of a film permit, or a revocation,
suspension, or permit condition. Such appeal shall be filed with the
administrator not later than five (5) working days after the date
the decision is made. Failure to timely file an appeal shall result
in a waiver to the right to appeal. The appeal process is subject
to article II, section 2.3.4 of the Santa Fe County Land Development
Code.
(Ordinance 2010-06, sec. 8, adopted 6/8/10)
The applicant shall pay a film permit application fee in the amount established by this chapter [section
37.06]. The film permit application fee shall be paid to the county when the application is submitted for approval. The film permit application fee is to cover the county’s cost of processing a film permit application. There may be added fees for additional related county services (including, but not limited to: law enforcement, traffic control, fire safety, trash hauling and attorney’s fees) as defined by the film permit application, as amended. No film permit shall be issued to an applicant who owes the county money on a prior permit.
(Ordinance 2010-06, sec. 9, adopted 6/8/10; Ordinance 2015-10 adopted 12/8/15)