Note: Prior ordinance history: Ord. 669 amended by Ord.
850.
(a)
No
person shall engage in the business or the activity of filming, still
photography production, taking or producing motion pictures on movie
film or electronic video tape for educational, entertainment or other
commercial purposes, other than for news purposes, anywhere at any
time if the services of city employees, or if the rental or other
use of city-owned real or personal property and/or utilities, other
than utilities paid for by private service users serviced by the city,
is or are involved, unless a permit for such business or activity
during such period of time has first been granted by the city manager.
(Ord. 948 § 1, 1978; Ord. 1214 § 1, 1991)
No permit required by Section 5.66.010 shall be issued until after:
(1)
The
applicant has first completed, signed and dated an application for
such permit on forms to be provided therefor by the city manager;
(2)
The
applicant has deposited with the city a permit application and investigation
fee to be established by city council resolution, said fee which is
nonrefundable in the event of denial;
(3)
The
applicant has deposited with the city all other sums of money and/or
completed documents as may be required pursuant to the provisions
of this code.
(Ord. 948 § 1, 1978; Ord. 1214 § 2, 1991)
(a)
The city manager shall prepare and supply a form for application for the permit required by Section 5.66.010. Said form shall require the following information and shall be signed and dated by the applicant:
(1)
Full legal name of applicant;
(2)
Business name of applicant (if different);
(3)
Business address of applicant;
(4)
Business telephone of applicant;
(5)
Location of proposed filming or taping;
(6)
Dates and time of proposed filming or taping;
(7)
List of all motor vehicles of applicant, his agents or employees,
by make, type and license number, to be parked on city streets or
parking lots during filming;
(8)
Services of city employees desired or required on location during
filming;
(9)
Description of scene to be filmed or taped;
(10)
Name of person in charge on location;
(11)
Such other information as the city manager may deem necessary or
desirable.
(Ord. 948 § 1, 1978; Ord. 1214 § 3, 1991)
(a)
A charge is imposed for the use or occupation of city-owned or controlled real property, including parks, beaches and public streets, when such use or occupation is proposed to be exclusive or otherwise disruptive of the free public use by either motor vehicles or pedestrians or both for the purposes designated in Section 5.66.010, per each calendar day or for any portion thereof for which use or occupation is permitted. Said fee shall be established by city council resolution.
(b)
A charge is imposed for the services of each city officer or employee used for any purpose arising out of or connected with the issuance of a permit pursuant to Section 5.66.010, including public safety personnel, in a sum equal to two times the hourly rate for the "E" step payable by the city to a person employed in the same personnel classification as the officer or employee whose services are thus used, times the total number of hours such services are used. Any portion of an hour shall be charged as a full hour. A minimum charge of three hours for each city officer or employee thus used shall be made.
(c)
A
charge is imposed for costs of overhead and administration incurred
by the city, the amount of which charge shall be equal to fifty percent
of the hourly rate for the "E" step payable to the city to a person
employed in the same personnel classification as the officer or employee
whose services are thus used, times the total number of hours such
services are used.
(d)
A
charge is imposed for each item of city-owned or controlled personal
property and/or utilities, other than utilities paid for by private
service users serviced by the city, used for any purpose arising out
of or connected with the amount of such charge, if not provided elsewhere
in this code, shall be in accordance with a rate schedule to be approved
by the city manager.
(e)
The charges imposed in this section are in addition to the permit application fee required pursuant to Section 5.66.020. The minimum deposit which shall be made with the city before issuance of the permit by the city shall be the amount of the permit application fee, together with a sum equal to the estimated total of all charges due or payable pursuant to this section for each calendar day for which such permit is applicable. For deposit purposes, each portion of a calendar day shall be counted as a full calendar day or as eight hours, whichever is applicable. Any unearned portion of such deposit shall be returned to the permittee after completion of the subject activities for which such permit was issued. Any amount due the city in excess of such deposit shall be payable within ten days after receipt of an itemized statement of charges, less the amount of deposit, as prepared and approved by the city manager. The permit application and investigation fee shall be paid and collected at the time the application for permit is filed with the city. The minimum deposit need not be made until immediately prior to the time of the issuance of the permit by the city manager.
(Ord. 948 § 1, 1978; Ord. 1214 § 4, 1991)
(a)
It may be a condition of the issuance and continued validity of any permit granted pursuant to Section 5.66.010 that the permittee first take out, pay for and maintain a policy of general liability insurance which insures the city, its officers and employees against any liability, or claims of liability, brought or made by or on behalf of any person for personal injury or property damage caused by or arising out of any negligent act or omission of either the permittee, his agents or employees, including any officers or employees of the city, or caused by or arising out of the condition of any city-owned or controlled property, whether real or personal, and occurring during the period and as a result of the activities for which the permit was issued. The amount of coverage to be provided by such policy shall not be less than one million dollars single limit; provided, however, that the city manager shall have the authority to require higher limits if, in his opinion and discretion, the type of activity thus permitted is of such a nature as to warrant greater risk protection. It shall be permissible in satisfaction of the requirement imposed by this subsection that the permittee cause the issuance of a certificate of insurance, for at least the required amount of coverage, which indicates that, by endorsement thereto, the city, its officers and employees have been added as additional insureds.
(b)
It shall be a condition of the issuance of any permit granted pursuant to Section 5.66.010 that the permittee shall agree to defend and to hold the city, its officers and employees harmless, from any and all claims and liability of any kind whatsoever resulting from or arising out of the issuance of such permit by the city.
(c)
It may be a condition of the issuance of any permit granted pursuant to Section 5.66.010, if in the opinion and discretion of the city manager such condition is necessary or desirable in the best interests of the city, that the permittee be required to take out, pay for and maintain policies of insurance, such as auto or fire coverage, and/or faithful performance bonds, in coverage limits and/or penal sums as the city manager in his opinion may deem appropriate under the circumstances surrounding the activities permitted.
(Ord. 948 § 1, 1978; Ord. 1214 § 5, 1991)
The city manager shall have the power to deny granting of (or
to revoke, suspend or cancel) any such permit if public convenience
and necessity do not require the same, or for any reasonable cause
which in his sound discretion is contrary to public welfare.
(Ord. 948 § 1, 1978)
