It is the purpose of this chapter to provide for rules governing the issuance of permits for filming activities on location in public places within the city. The intent of this chapter is to ensure that motion picture, television, commercial, and non-theatrical filming companies will be encouraged to use locations for filming activities within the city so long as those activities are consistent with the public health and safety and the protection of property.
(O98-002)
"City Manager"
means the City Manager of the City of Napa or designee.
"Filming activity"
means a filming, video taping, photographing, or other similar process conducted for the making of motion pictures, television programs, video commercial and non-theatrical 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.
"Motion picture, television, commercial still photography"
means and include all activity attendant to staging or shooting commercial motion pictures, television shows or programs, commercials, and nontheatrical productions and other similar activity.
"Charitable films"
mean commercials, motion pictures, television, video tapes or still photography produced by a non-profit 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.
"Studio"
means a fixed place of business where filming activities are regularly conducted upon the premises.
"Film permit"
means written authorization from the Community Resources Director to conduct the filming activity described in the permit.
"Community Resources Director"
means the Community Resources Director of the City of Napa or designee.
(O98-002; O2005 14; O2005 19)
A. 
It is unlawful to conduct a filming activity as defined in Section 5.74.030(B) without first obtaining a film permit from the Community Resources Director.
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. Weddings, school pictures, and organized sports or clubs pictures.
(O98-002; O2005 19)
The provisions of this chapter shall not apply to any of the following activities:
A. 
Filming activities conducted for news purposes as defined in Section 5.74.030(C).
B. 
Filming activities conducted in a studio as defined in Section 5.74.030(D).
C. 
Filming activities conducted for use in a criminal investigation or court civil or criminal proceeding.
D. 
Filming activities conducted by a local non-profit or educational institution for educational purposes.
(O98-002)
A. 
Applications for a filming permit shall be filed with the City Clerk at least 15 business days in advance of the time that the proposed filming activity is to commence.
B. 
Application deadlines may be waived for good cause by the Community Resources Director. Good cause shall be found if the Community Resources Director determines that there is sufficient time remaining to process the application, and for the city to prepare for the requested filming activity.
(O98-002; O2005 19)
Permit application shall be on a form furnished by the City Clerk or Community Resources Director. The application shall include the following:
A. 
Name, business address and telephone number of applicant;
B. 
Location(s) and approximate daily call times of the proposed filming activity;
C. 
Description of scenes to be filmed, including details of any stunts, action, chase scenes, pyrotechnics, or special effects;
D. 
Name of person in charge on location and the telephone number at the site where the activity is to be conducted;
E. 
Written proof of permission to film on private and public property within the city;
F. 
Description of all vehicles which will be parked on city streets during filming activities and a parking plan;
G. 
Such other information concerning time and safety of the filming activity as the Community Resources Department may require to determine whether to grant a film permit under this chapter;
H. 
Application permit fee;
I. 
Insurance certificate.
Incomplete applications will not be accepted.
(O98-002; O2005 14; O2005 19)
A. 
The application shall be approved/denied within 15 business days of receipt of the complete application. The film permit shall be approved by the Community Resources Director 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 city-owned property and the filming activity will substantially interfere with municipal functions, or other previously authorized activities on city 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 Community Resources Director shall impose such conditions rather than denying the permit.
(O98-002; O2005 14; O2005 19)
The Community Resources Director 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 Napa Police Department, 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 city for any personnel provided to the company (i.e., police, fire, public works) for the purpose of assisting the production.
F. 
Requirements concerning notice to affected property owners of the filming activity.
(O98-002; O2005 14; O2005 19)
A. 
A permit application processing fee in an amount established by City Council resolution shall be paid by the applicant at the time the application is filed.
B. 
A schedule of fees for city services and use of city property shall be established by City Council resolution. The applicant shall prepay such fees prior to issuance of the film permit.
(O98-002)
Upon reasonable notice by the permittee in advance of the filming activity, the Community Resources Director shall be authorized to change the date for which the film permit has been issued without requiring a new application or application fee.
(O98-002, O2005 19)
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 City of Napa, 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 city prior to issuance of a film permit by the City Clerk.
(O98-002; O2005 14; O2005 19)
A. 
Prior to the issuance of the film permit, the permit applicant must sign an agreement to reimburse the City of Napa for any costs incurred to repair or replace city 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 city, 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 city shall not be responsible for filming on private property or any fee arrangements between the private party and the filming company.
(O98-002)
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 permit revocation by the Chief of Police.
B. 
Each permittee shall clean and restore all city 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.
(O98-002)
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 Community Resources Director's decision with the City Manager. The appeal shall be considered by the City Manager within 10 business days. The decision of the City Manager shall be final.
(O98-002; O2005 14; O2005 19)
A. 
The Community Resources Director 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 permit application is materially false. The Community Resources Director 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 city if it is found necessary for the protection of the public health, safety, or general welfare. A Napa police officer 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 officer.
(O98-002; O2005 14; O2005 19)