(a)
The
following guidelines are intended to protect the personal and property
rights of the city and its residents and businesses. The city manager
reserves the right to impose additional regulations in the interest
of public safely if deemed necessary.
(b)
These
guidelines cover requests for commercial use of city-owned property
(streets, rights-of-way, parks, public buildings), commercial use
of private property which may affect adjacent public or private property
and the use of city equipment and personnel in the filming of movies,
TV shows, commercials and related activities.
(1994 Code, sec. 115.01; Ordinance 2009-01 adopted 1/8/09)
(a)
The
city manager may authorize the use of any street, right-of-way or
public building, equipment or personnel for commercial uses in the
filming or taping of movies, television programs, commercials or training
films and related activities. In conjunction with these uses, the
city manager may require that any or all of the conditions and/or
remuneration as specified on the application be met as a prerequisite
to that use.
(b)
The
applicant agrees that the city shall have full control over the use
of public streets and buildings of the city while being used, as well
as control over the hours of production and the general location of
the production. The city reserves the full and absolute right to prohibit
all filming or to order cessation of filming if determined to be detrimental
to the public health, safety and welfare.
(c)
The
applicant shall agree to allow the respective city departments (i.e.,
police, fire, building) to inspect all structures and/or devices and
equipment to be used in connection with the filming and taping if
required by the city manager.
(1994 Code, sec. 115.02; Ordinance 2009-01 adopted 1/8/09)
(a)
The
applicant will agree to pay for the costs of any police, fire, public
works or other city personnel assigned to the project (whether specifically
requested by the production or not). Remuneration rates for the use
of any city equipment, including police cars and fire equipment, will
be established on a case-by-case basis as determined by the city manager.
The applicant will agree to pay in full, promptly upon receipt of
an invoice, the charges incurred. The city manager may, at his or
her discretion, require an advance deposit for the use of the equipment.
(b)
The
city manager in consultation with the chief of police and/or fire
chief shall have the authority to stipulate additional fire or police
requirements and level of staffing for same, at any time during a
film project, if it is determined to be in the best interest of public
safety, health and welfare, which cost shall be borne by the applicant.
Off-duty police officers and firefighters shall be paid by the production
company at a rate no less than one and one-half their hourly rate
based on their rank.
(1994 Code, sec. 115.05; Ordinance 2009-01 adopted 1/8/09)
(a)
The
city manager may authorize the use of any street, right-of-way or
public building, use of the city name, trademark or logo and/or use
of city equipment and/or personnel for commercial uses in the production
of movies, television programs, commercials or training films and
related activities. In conjunction with these uses, the city manager
may require that any or all of the conditions and/or remunerations
as specified on the application be met as a prerequisite to that use.
A security or damage deposit may be required based on production activity.
(b)
Depending upon the extent of the use of city property, the applicant agrees to reimburse the city for inconveniences when using public property. The rates are as set forth in the fee schedule in appendix A of this code.
(c)
The
applicant agrees that the city shall have full control over the use
of its name, trademark, logo, public streets and buildings of the
city while any are being used, as well as control over the hours of
production and the general location of the production. The city reserves
the full and absolute right to prohibit all filming or to order cessation
of filming activity if it is determined to be hazardous to the public
health, safety and welfare.
(1994 Code, sec. 115.06; Ordinance 2009-01 adopted 1/8/09; Ordinance adopting 2016 Code)
The applicant shall provide a report listing the number of vehicles
and types of equipment to be used during the filming, including proposed
hours of use and proposed parking locations. Such locations will need
to be specifically approved by the city so as to maintain traffic
safety. On-street parking or use of public parking lots is subject
to city approval. The use of exterior lighting, power generators or
any other noise-or light-producing equipment requires on-site approval
of the city manager.
(1994 Code, sec. 115.07; Ordinance 2009-01 adopted 1/8/09)
Unless permission has been obtained from the city manager in
advance and affected property owners, tenants and residents have been
notified, filming will be limited to the following hours: Monday through
Friday, 7:00 a.m. to 9:00 p.m., and Saturday, Sunday and holidays,
8:00 a.m. to 8:00 p.m.
(1994 Code, sec. 115.08; Ordinance 2009-01 adopted 1/8/09)
The applicant shall provide a short written description, approved
by the city manager, of the schedule for the proposed production to
the owners, tenants and residents of each property in the affected
neighborhood (as defined by boundaries set by the city manager). The
applicant, or his or her designee, shall make a good faith effort
to notify each owner, tenant and resident of all such property, and
shall submit, as part of this application, a report noting each owner’s,
tenant’s or resident’s comments, along with their signatures,
addresses and phone numbers. Based upon this community feedback, the
city manager may grant or deny the filming application.
(1994 Code, sec. 115.09; Ordinance 2009-01 adopted 1/8/09)
The applicant/producer shall attach a certificate of insurance
naming the city, and its agents, officers, elected officials, employees
and assigns, as an additional insured, in an amount not less than
$1,000,000.00 general liability, including bodily injury and property
damage with a $5,000,000.00 umbrella, and automobile liability (if
applicable) in an amount not less than $1,000,000.00 including bodily
injury and property damage. The insurer must have a rating of at least
A (excellent) from A.M. Best Company. All insurance will provide that
it shall not be cancelled without at least 30 days’ written
notice to the city.
(1994 Code, sec. 115.10; Ordinance 2009-01 adopted 1/8/09)
The applicant agrees to pay in full, promptly upon receipt of
an invoice, the costs of repair for any and all damage to public or
private property resulting from or in connection with the production
and restore the property to its original condition prior to the production,
or to better than original condition.
(1994 Code, sec. 115.11; Ordinance 2009-01 adopted 1/8/09)
Prior to any permit being issued, the applicant and the producer
shall sign a hold harmless agreement that, to the fullest extent permitted
by law, provides that applicant, the producer and any other associated
person, firm or entity shall defend, indemnify, protect and hold harmless
the city and its elected officials, officers, servants, employees,
successors, agents, departments and assigns from any and all claims,
lawsuits, liens, losses, property damage, personal injury (including
death), damages, expenses, claims, judgments, actions, liabilities,
reasonable attorney’s fees and/or defense costs of every nature,
kind and character arising out of or in connection with, directly
or indirectly, from the filming or taping or film venture taking place
within the city. This will include, but is not limited to, the use
of designated public property, right-of-way or equipment in conjunction
with the permitted use. The form of the hold harmless agreement shall
be in a form approved by the city manager.
(1994 Code, sec. 115.12; Ordinance 2009-01 adopted 1/8/09)
(a)
Before
filing an application for filming in the city, the office of the city
manager must be contacted to discuss the production’s specific
filming requirements and the feasibility of filming in the city.
(b)
Any
commercial producer who desires to undertake a commercial production
in the city is required to complete and return the application for
filming to the office of the city manager, within the timeframes below.
(1994 Code, sec. 115.03; Ordinance 2009-01 adopted 1/8/09)
(a)
An application processing fee in the amount set forth in the fee schedule in appendix A of this code should accompany each application for filming in the city.
(b)
The
city manager may waive this fee upon proof of an organization’s
nonprofit status, or for any other reason deemed necessary.
(1994 Code, sec. 115.04; Ordinance 2009-01 adopted 1/8/09; Ordinance adopting 2016 Code)
