It is the purpose of this chapter to provide for the rules governing
the issuance of permits for filming activities on location within
the city. The intent of this chapter is to ensure that motion picture,
television, commercial and nontheatrical 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.
(Ord. 1225 § 1, 1998)
As used in this chapter:
means the city manager of the city of South San Francisco
or designee.
means the filming, video taping, photographing or other similar
process conducted for the making of motion pictures, television programs,
commercial and nontheatrical film productions.
means written authorization from the city manager to conduct
the filming activity described in the permit.
means a filming activity conducted for the purpose of reporting
on persons or events which are in the news for television and other
news services, and related conduct protected under the state and federal
Constitutions such as free speech and free press.
means filming activity that is not dramatic or staged and
does not use actors, thereby portraying real-life events in a manner
similar to documentary.
means a fixed place of business where filming activities
are regularly conducted upon the premises.
(Ord. 1225 § 1, 1998)
It is unlawful to conduct a filming activity as defined in Section 6.94.020 without first obtaining a film permit from the city manager.
(Ord. 1225 § 1, 1998)
The provisions of this chapter shall not apply to any of the
following activities:
(c)
Filming
activities conducted for use in a criminal investigation or civil
or criminal court proceeding.
(Ord. 1225 § 1, 1998)
(a)
Applications
for a filming permit must be filed with the city manager’s office
at least ten 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 city manager if there
is sufficient time remaining to process the application, and for the
city to prepare for the requested filming activity.
(Ord. 1225 § 1, 1998)
The permit application shall be on a form furnished by the city
manager. Such form shall request the following information:
(a)
Name,
business address, and telephone number of the applicant;
(b)
Location(s)
and approximate daily call times of proposed filming activity;
(c)
Description
of scenes to be filmed, including details of any stunts, chase scenes,
pyrotechnics, or special effects;
(d)
Name
of person in charge on location;
(e)
Proof
of permission to film on private property within city limits. If such
proof is not available at the time the application is submitted, it
can be subsequently filed by the applicant prior to the city’s
issuance of the film permit;
(f)
Description
of all vehicles which will be parked on city streets during filming
activities in addition to a parking plan;
(g)
Such
other information as the city manager may require to determine whether
to grant a film permit under this chapter.
(Ord. 1225 § 1, 1998)
(a)
The
application shall be approved or denied within seven business days
of receipt of the application by the city manager’s office.
The film permit shall be approved by the city manager unless he or
she determines that any of the following conditions exist:
(1)
The filming activity will substantially disrupt the use of a street
or right-of-way at a time when it is usually subject to traffic congestion,
or interfere with the operation of emergency vehicles in the proposed
permit area or unduly interfere with local business activity;
(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 city manager shall impose such conditions rather
than denying the permit.
(Ord. 1225 § 1, 1998)
The city 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 South San Francisco police 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)
Requirements
concerning notice to affected property owners of the filming activity.
(Ord. 1225 § 1, 1998)
(a)
An
applicant for a film permit shall submit a non-refundable fee in an
amount as set forth in the master fee schedule of the city adopted
by resolution of the city council in order for the city to evaluate
and process such application. Said fee is determined to be the actual
costs for processing the application.
(b)
A
schedule of fees for city services and use of city property shall
be established by city council resolution. The fee schedule shall
be reasonably related to the cost of providing city services occasioned
by filming activity, including administrative, police, fire, sanitation,
and other necessary services. The applicant shall prepay such fees
prior to issuance of the film permit.
(Ord. 1225 § 1, 1998; Ord. 1451 § 1, 2011)
Upon reasonable notice by the permittee in advance of the filming
activity, the city manager is authorized to change the date for which
the film permit has been issued without requiring a new application
or application fee.
(Ord. 1225 § 1, 1998)
(a)
The
applicant for a film permit must 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 South San Francisco, 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 prescribed by city council resolution.
(c)
A
copy of the policy or a certificate of insurance along with all necessary
endorsements must be filed with the city not less than three business
days prior to the filming activity unless the city manager for good
cause waives the filing deadline.
(Ord. 1225 § 1, 1998)
(a)
Prior
to the issuance of the film permit, the permit applicant must sign
an agreement to reimburse the city 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 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.
(Ord. 1225 § 1, 1998)
(a)
Each
permittee shall comply with all terms and conditions of the permit.
Failure to comply with all permit terms and conditions is grounds
for revocation of the permit by the city manager.
(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.
(Ord. 1225 § 1, 1998)
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 city manager’s
decision with the city clerk. The appeal shall be heard by the city
council at its next regular meeting.
(Ord. 1225 § 1, 1998)
The violation of any provision of this chapter shall be a misdemeanor.
Such violations may also be addressed in a civil action.
(Ord. 1225 § 1, 1998)
