"Charitable films"
mean advertisements, motion pictures, television, video tapes or still photography produced by a nonprofit organization which qualifies under Section 501c(3) of the Internal Revenue Code as a charitable organization. No person, directly or indirectly, shall receive a profit from the marketing and production of the film or from showing the films, tapes or photos.
"Filming activity"
means a filming, videotaping, photographing, or other similar process, including staging for same, conducted for the making of motion pictures, television programs, advertisements and nontheatrical productions and other similar activity.
"Film permit"
means written authorization from the Town Manager to conduct the filming activity described in the permit.
"Motion picture, television, commercial still photography"
mean and include all activity attendant to staging or shooting commercial motion pictures, television shows or programs, advertisements, and nontheatrical productions and other similar activity.
"News media"
means a filming activity conducted for the purpose of reporting on spontaneous, unplanned persons or events which are in the news for television and other news services.
"Parks and Recreation Director"
means the Director of Parks and Recreation of the Town of Yountville.
"Studio"
means a fixed place of business where filming activities are regularly conducted upon the premises.
"Town Manager"
means the Town Manager of the Town of Yountville or designee.
(Ord. 396-11)
A. 
No person shall conduct a filming activity as defined in Section 8.36.010 without first obtaining a film permit from the Town of Yountville.
B. 
No person shall use any public or private property, facility or residence for the purpose of taking commercial motion pictures or television pictures or commercial still photography without a permit.
C. 
Exemptions. The provisions of this chapter shall not apply to or affect the following:
1. 
News Media. Reporters, photographers, cameramen in the employ of a newspaper, news service, or similar entity engaged in on-the-spot broadcasting of news events concerning those persons, scenes or occurrences which are in the news and of general public interest.
2. 
Personal Video/Still Photography. The filming or video taping of motion pictures or still photography solely for private personal use.
3. 
Commercial still photography and videography of weddings, school pictures, and organized sports or club pictures.
4. 
Filming activities conducted in a studio.
5. 
Filming activities conducted for use in a criminal investigation or court civil or criminal proceeding.
6. 
Filming by an individual photographer or videographer that does not interfere with the public right-of-way.
(Ord. 396-11)
A. 
Applications for a filming permit shall be filed with the Parks and Recreation Department no later than 30 days prior to the date the filming will begin.
B. 
Application deadlines may be waived by the Town Manager if sufficient time remains to process the permit application.
(Ord. 396-11)
Permit application shall be on a form furnished by the Town of Yountville. The application shall include the following:
A. 
Name, business address and telephone number of applicant;
B. 
Name, address and telephone number of the production company (if different from the applicant);
C. 
Name of person in charge on location and the telephone number at the site where the activity is to be conducted;
D. 
Location(s) and approximate daily call times of the proposed filming activity;
E. 
Description of scenes to be filmed, including details of any stunts, action, chase scenes, pyrotechnics, use of animals, firearms (props or genuine) or special effects;
F. 
Written proof of permission to film on private and public property within the Town;
G. 
Description of all vehicles which will be parked on Town streets during filming activities and a parking plan;
H. 
Staging plan roughly illustrating the placement of sets, props, equipment and vehicles;
I. 
Such other information concerning time and safety of the filming activity as the Town may require to determine whether to grant a film permit under this chapter;
J. 
Application permit fee;
K. 
Insurance certificate.
(Ord. 396-11)
A. 
The application shall be approved or denied within 15 business days of receipt of the complete application. The film permit shall be approved by the Town Manager unless he or she determines, from consideration of the application or other pertinent information, that any of the following conditions exist:
1. 
The filming activity will substantially disrupt the use of a street at a time when it is usually subject to traffic congestion, or interfere with the operation of emergency vehicles in the proposed permit area;
2. 
The location of the filming activity will substantially interfere with street maintenance work, or a previously authorized excavation permit;
3. 
The proposed permit location is on Town-owned property and the filming activity will substantially interfere with municipal functions, or other previously authorized activities on Town property;
4. 
The filming activity creates a substantial risk of injury to persons or property;
5. 
The applicant failed to complete the application after being requested to do so, or the information contained in the application is found to be false in any material detail;
6. 
The particular filming activity would violate Federal, State or local law including license/permit requirements.
B. 
When the grounds for permit denial can be corrected by imposing reasonable permit conditions, the Town Manager shall impose such conditions rather than denying the permit.
(Ord. 396-11)
The Town Manager may condition the issuance of a filming activity permit by imposing reasonable requirements concerning the time, place and manner of filming activities including, but not limited to, the following:
A. 
Requirements for the presence of the County Sheriff's Department, Cal Fire Department, or Public Works Department employees when required for the particular filming activity at the applicant's expense;
B. 
Requirements concerning posting of no parking signs and placement of other traffic control devices at the applicant's expense;
C. 
Restrictions on the use of gunfire, explosions, and other noise-creating or hazardous devices;
D. 
Restrictions on hours of filming activity;
E. 
The production company shall reimburse the Town for any personnel provided to the company (i.e., Sheriff, fire, public works) for the purpose of assisting the production;
F. 
Requirements concerning notice to property owners affected by the filming activity;
G. 
Requirements of a security deposit to be refunded after inspection of the filming site.
(Ord. 396-11)
A. 
A permit application processing fee in an amount established by Town Council resolution shall be paid by the applicant at the time the application is filed.
B. 
A schedule of fees for Town services and use of Town property shall be established by Town Council resolution. The applicant shall prepay such fees prior to issuance of the film permit.
C. 
A permit fee in an amount established by Town Council resolution shall be paid by the applicant at the time the permit is released.
D. 
Charitable films and films created by educational institutions for educational purposes are exempt from payment of the required fees. However, charitable organizations and educational institutions exempt from permit fees are not otherwise exempt from provisions of this chapter.
(Ord. 396-11)
Upon reasonable notice by the applicant, in advance of the filming activity, the Town Manager shall be authorized to change the date for which the film permit has been issued without requiring a new application or application fee.
(Ord. 396-11)
A. 
The applicant for a film permit shall possess or obtain liability insurance to protect against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the filming activity. Such insurance shall name on the policy or by endorsement as insureds the Town of Yountville, its officers, employees, and agents. Insurance coverage must be maintained for the duration of the filming activity.
B. 
Coverage shall be provided by a comprehensive general liability insurance policy in the amount of $1,000,000.00 per occurrence. The insurance coverage afforded by the policy shall provide at a minimum the equivalent of insurance coverage provided by Insurance Service Office (ISO) comprehensive general liability insurance coverage.
C. 
Proof of insurance coverage as specified in subsections A and B above must be verified by the Town prior to issuance of a film permit by the Town Manager.
(Ord. 396-11)
A. 
Prior to the issuance of the film permit, the permit applicant must sign an agreement to reimburse the Town of Yountville for any costs incurred to repair or replace Town property which is damaged as the result of the filming activity.
B. 
The agreement shall also provide that the permittee shall be required to defend, indemnify, and hold harmless the Town, its officers, agents, or employees from all claims and liability of any kind whatsoever resulting from or arising out of the filming activity or issuance of the film permit.
C. 
The Town shall not be responsible for filming on private property or any fee arrangements between the private party and the filming company.
(Ord. 396-11)
A. 
Each permittee shall comply with all terms and conditions of the permit and this chapter. Failure to comply with all permit terms and conditions is grounds for immediate permit revocation by the Town Manager or Sheriff.
B. 
Each permittee shall clean and restore all Town owned property utilized during the filming activity to the same condition as existed prior to the filming.
C. 
The person in charge of the filming activity shall retain a copy of the film permit on location.
(Ord. 396-11)
The permit applicant may appeal a permit denial, permit condition, or permit revocation or refusal to waive a deadline under this chapter by filing an appeal within five days of the date of the Town Manager's decision. Within 10 days of receiving the appeal, the Town Manager shall consider the appeal if the decision was issued by the Town Manager's designee, or in the alternative, the Town Council shall consider the appeal if the decision was made by the Town Manager. The decision of the Town Manager or Town Council on the appeal shall be final.
(Ord. 396-11)
A. 
The Town Manager may revoke the film permit if the permittee, or any agents, employees, volunteers, or contractors of the permittee fail to comply with the conditions and requirements of the permit or this chapter, or if it is determined after issuance that the information submitted, or attached to, the permit application is materially false. The Town Manager shall provide the permittee with grounds for revocation in writing within a reasonable time of revocation.
B. 
Any permit issued pursuant to the terms of this chapter shall be subject to immediate suspension by the Town if it is found necessary for the protection of the public health, safety, or general welfare. A Napa County Sheriff assigned to police the filming activity site may suspend the film permit when the filming activity poses an immediate hazard to persons and/or property, and the location manager will not, or cannot, prevent the hazard after being instructed to do so by the Sheriff.
(Ord. 396-11)