The purpose of this chapter is to establish procedures to guide the filmmaking industry when filming within the city.
(Ord. 859 § 1 (Exh. A), 2019)
A. “B-roll”
means film content that captures the environment, area, or surroundings of a story, or any generic, unscripted action which supplements the main storytelling content.
E. “Filmmaking” or “filming”
means motion-picture photography activity using film, digital video or other media storage technologies, not including news media or personal use.
F. “Film production”
means the full range of activities supportive of the development of motion-picture media content for general public or limited audiences, not including news media or personal use.
G. “City manager”
means the city manager or designee.
H. “Person”
means any natural person, firm, partnership, company, corporation, association, or organization.
I. “Public property”
means any improved or unimproved public right-of-way, including sidewalks, bikeways, walkways, and parking areas, public park, or public building owned or managed by the city.
J. “Responsible party”
means the applicant and its agents, representative, or employees who control, manage, or supervise the film production.
K. “Shoreline Film Manual”
means the manual adopted pursuant to SMC § 5.25.070 that includes permit criteria, rules, guidelines, standards, and specifications related to film-making and film production in the city.
(Ord. 859 § 1 (Exh. A), 2019)
A.
Unless explicitly exempt in this chapter, it is unlawful for any person to make use of a public place for filmmaking or film production without first securing a filmmaking permit when the filmmaking or film production requires the:
1.
Use of a city park or city building for filming;
2.
Temporary interruption of vehicle or pedestrian traffic on city streets or sidewalks;
3.
Use of a tripod or dolly on city streets or sidewalks;
4.
Placement of wires or cables across or over city streets or sidewalks;
5.
Placement of a generator on a city street or sidewalk; or
6.
Impact to areas of public parking, including reservation of space(s).
(Ord. 859 § 1 (Exh. A), 2019)
A.
Any person that desires to film or engage in film production within the city for commercial purposes shall submit a complete filmmaking permit application with the appropriate fees to the city unless specifically exempted in this chapter. No filming may occur on or in city rights-of-way, parks, buildings, or other public property until the filmmaking permit application has been approved and issued.
B.
At the minimum, the application shall include:
C.
Prior to issuance of the filmmaking permit:
1.
The applicant shall pay all applicable fees;
2.
If required by the city manager, the applicant shall post a bond or damage deposit in an amount determined by the city manager to be sufficient to cover any damages to public resources or facilities which may occur during the filming; and
3.
The applicant shall provide a certificate of insurance, naming the city as additional insured, for liability insurance to cover any liability costs associated with the film production activities.
(Ord. 859 § 1 (Exh. A), 2019)
A.
Unless waived by the city manager, commercial general liability insurance in an amount of not less than $1,000,000 each occurrence and $2,000,000 general aggregate shall be obtained and maintained during the permit term at the applicant’s sole expense. The city shall be named as an additional insured.
B.
The city manager may reduce the coverage amounts set forth in this section or require additional coverage amounts depending on the filmmaking activity proposed by an applicant.
C.
Higher liability coverage and other requirements for special circumstances including but not limited to use of helicopters, drones, and pyrotechnics may apply. Applicant shall comply with all insurance requirements contained in the Shoreline Film Manual.
(Ord. 859 § 1 (Exh. A), 2019)
This chapter shall not be applicable to:
A.
Journalists and other news media representatives in the pursuit of journalism.
B.
Private individuals making film or digital video content for their noncommercial use.
C.
“Roving” film productions filming B-roll, zero-impact sidewalk scenes and documentary-style footage at various public exterior locations throughout Shoreline. A film-making permit shall be required unless the “roving” meets all of the following criteria:
1.
Five or fewer total cast and crew on site at any one time;
2.
One camera on site;
3.
Outdoor production only;
4.
No traffic control required;
5.
No interruption to pedestrian activity;
6.
No electrical generation, wires, cable runs, or lights setup;
7.
Public parking will not be impacted; and
8.
Not filming in a city park.
(Ord. 859 § 1 (Exh. A), 2019)
The city manager shall prepare, administer, interpret, and amend as necessary a Shoreline Film Manual. The Manual shall establish, among other things, reasonable rules, guidelines, standards, fees, costs and other specifications for filmmaking or film production in the city.
(Ord. 859 § 1 (Exh. A), 2019)
A.
Filmmaking Permit – Suspension, Denial, or Revocation.
1.
The city may deny a filmmaking permit if within the three years prior to the date of application:
a.
The applicant had a filmmaking permit revoked by the city for which the applicant was a responsible party; or
b.
The applicant had a filmmaking permit suspended more than two times by the city for which the applicant was a responsible party; or
c.
The city discovered that the film-making permit was approved and issued based on fraud or misrepresentation by the applicant.
2.
The city may deny a filmmaking permit if, in the city’s sole discretion, the film-making activity would be unduly burdensome on the city or would be contrary to the public health, safety, and welfare.
3.
If any person violates the terms or conditions of an issued filmmaking permit, the city may, at its discretion, suspend or revoke a filmmaking permit depending on the severity of the violation(s) and/or impose a penalty for a violation.
B.
Appeal. The city’s decision to deny a filmmaking permit application; to suspend or revoke a filmmaking permit; to find a violation of the terms and conditions of a filmmaking permit; or to impose a penalty may be appealed to the city hearing examiner.
1.
A notice of appeal, providing the basis for the appeal, along with the appropriate fee, shall be filed within 14 days of the date of the city’s decision.
2.
The hearing examiner shall hold a closed-record hearing based on the record developed by the city.
3.
Review shall be de novo and the burden shall be on the city to show, by a preponderance of the evidence, that its decision was warranted.
4.
The hearing examiner’s decision shall be final. Any person aggrieved by that decision may seek judicial review in King County Superior Court by filing an appeal within 14 days of the date of the hearing examiner’s decision.
C.
Violation – Penalty.
1.
A penalty for failing to secure a permit prior to filming, or any other violation of the terms and conditions of a filmmaking permit, shall be imposed in the amount of $250.00 per day per violation.
2.
If any person damages city property during the filmmaking or film production, the person shall be responsible for the repair, replacement, and/or restoration of the property to a same or better condition than existed prior to the damage. The person shall also be responsible for any penalties imposed by any chapter of the SMC based on the type of property damaged.
3.
An additional penalty of $2,000 shall be imposed if the violation was deliberate or the result of reckless disregard on the part of any person. The burden of proof from demonstrating that the violation was not deliberate or in reckless disregard is on the person responsible for the violation.
4.
In addition to the provisions set forth in this section, the city may take any actions provided by law to obtain compliance with this chapter and/or collect any penalties that have been assessed.
(Ord. 859 § 1 (Exh. A), 2019)