"Chief of police"
means the chief of police of the city of Langley, Washington.
"City"
means the city of Langley, Washington.
"Film production"
means the making of feature films, documentaries, television movies, series and commercials and commercial still photography which impedes the flow of traffic or pedestrians.
"Fire marshal"
means the fire marshal of the city of Langley, Washington.
"Mayor"
means the mayor of the city of Langley, Washington.
"Permit to film"
means a permit as required by this chapter.
"Person"
means any person, firm, partnership, association, corporation, company or organization of any kind.
"Public works"
means any employee of the city of Langley public works department.
(Ord. 829, 2003)
No person in the city of Langley shall engage in, participate in, aid, form or start any film production intended for commercial sale or distribution without first having obtained a permit to do so and executed a filming agreement with the city.
(Ord. 829, 2003)
A person seeking a permit to film shall file an application with the city on the forms provided by the city.
A. 
Filing Period. An application for a permit to film shall be filed with the city not less than five days before film production is to take place. Exemptions to the five-day requirement may be made by the city, in limited circumstances, depending on the scope and impact of the intended project.
B. 
Contents. The application for a permit to film shall set forth the following information:
1. 
The project title, the name, permanent and local address and phone number of the production company seeking to conduct such film production;
2. 
The name, address and phone number of the authorized and responsible person for the film production;
3. 
The name and phone numbers of the production manager, location manager and publicist for the project;
4. 
The date(s) and times the preparation, filming and cleanup are to take place;
5. 
The approximate number of persons and vehicles involved in the production;
6. 
The exact locations to be used for filming, staging, and preparation;
7. 
The type and nature of any firearms, dangerous materials, animals, special effects or low flying aircraft required for the project;
8. 
A traffic control plan or pedestrian control plan, if necessary.
C. 
Fee. An application fee, as set by resolution of the city council, shall be paid at the time of filing the application for a permit to film. A deposit of the daily permit fee, as set by resolution of the city council for the estimated time of filming, and the estimated cost of services by city forces shall also be paid prior to issuance of the permit.
D. 
Services Provided by City.
1. 
The need for police services shall be determined by the chief of police. Police services shall be charged at one and one-half the officer's current hourly wage with benefits and double that rate after 12 hours.
2. 
Review of the permit application by the fire marshal may be necessary due to the scope of filming desired.
3. 
Barricades are the responsibility of the production crew. The city may provide limited barricades at current rental rates as set by resolution of the city council and limited public works manpower to be charged at one and one-half the current public works hourly wage with benefits.
E. 
Certificate of Insurance. No permit to film shall be issued until the permittee shall file with the clerk of the city a certificate of insurance naming the city of Langley as an additional insured, in the amount of $1,000,000 general liability, including bodily injury and property damage. The city of Langley, its corporate authorities, elected officials, officers, attorneys, employees and agents shall be made additional insured with respect to any and all claims which arise out of or are in any way related to the operations of the film production company while present in the city of Langley.
F. 
Hold Harmless Agreement. The permittee shall indemnify and hold harmless the city of Langley, its officers, elected officials, agents, employees and volunteers from and against any and all claims, actions, suits, proceedings, costs, expenses (including attorney's fees), damages and liabilities claimed by any person, organization, association or otherwise arising from or relating to any act or omission of the permittee, its agents, contractors or employees under this agreement. Such indemnification shall not be effective to the extent that the damage or injury result from the sole negligence of the city of Langley. The permittee further waives, with respect to the city of Langley only, its immunity under RCW Title 51, Industrial Insurance. The indemnification provided for in this permit shall service any termination or expiration of this agreement. Failure of the company to comply with the terms of the city of Langley's permit as described may result in revocation of the permit.
(Ord. 829, 2003)
The mayor and chief of police may issue a permit under the following conditions:
A. 
The conduct of the film production project will not substantially interrupt the safe and orderly movement of traffic and pedestrians within the city;
B. 
The conduct of the film production project will not require the diversion of so great a number of police officers of the city to properly police the location of filming as to prevent normal police protection to the city;
C. 
The concentration of persons, animals, vehicles and equipment for operation of the film production project will not interfere with proper police and fire protection or ambulance and medical services within the city;
D. 
The proposed time, date and location of the film production project are reasonable, considering the health, safety and general welfare of all persons residing in, working in, or visiting the city;
E. 
The person requesting a permit discusses with a representative from the Chamber of Commerce the time, location and extent of the production and addresses any concerns the merchants may have during the filming production project;
F. 
Any and all other conditions required by the city due to the scope of the project can be reasonably addressed.
Prior to issuance of the permit, a meeting will be held with the production company and the appropriate city departments to finalize logistic details.
(Ord. 829, 2003)
The mayor and chief of police will act upon the application for a permit to film within three business days after the filing thereof. If the application is denied, the chief of police shall mail to the applicant, within three business days after the date upon which the application was filed, a notice of such action, stating the reasons for the denial of the permit.
(Ord. 829, 2003)
Any person aggrieved shall have the right to appeal the denial of a permit to film to the city council. The appeal shall be filed within five days after notice. The city council shall act upon the appeal within 30 days after its receipt.
(Ord. 829, 2003)
To keep disruption to the minimum, the city of Langley has developed a "filming code of conduct" to be followed by all production companies filming in the Langley area. Violations of the code of conduct may result in revocation of the permit to film.
(Ord. 829, 2003)
A permittee hereunder shall comply with all permit directions and conditions, the filming code of conduct and with all applicable laws and ordinances.
(Ord. 829, 2003)
The chief of police shall have the authority to revoke a permit issued hereunder upon application of the standards for issuance as herein set forth, or for violation of any condition of such permit or violation of any law or ordinance.
(Ord. 829, 2003)