HomeMy WebLinkAboutOrdinance 479 CERTIFICATION
1, Marcia McClure T"orgerson, C.M.C., City Clerk of the City of Atascadero, hereby
certify that the foregoing is a true and correct copy of Ordinance No. 479, adopted by the
Atascadero City Council at a regular meeting thereof held on September 13, 2005, and that it has
been duly published pursuant to State Law.
DATED: ..
Marcia McClure Torgerson,C.M .
City Clerk
City of Ataseadero, California
ORDINANCE NO. 479
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ATASCADERO, CALIFORNIA, AMENDING TITLES OF
THE ATASCADERO MUNICIPAL CODE TO ADD
CHAPTER 12: FILM ORDINANCE
The City Council hereby finds and declares as follows:
WHEREAS, the City of Atascadero has a responsibility to its residents and
business owners to promote conditions that are beneficial to the health, safety, welfare
and prosperity of the entire community; and,
WHEREAS, the presence and activities of visual media agents have and do
create disruption to what is considered the normal affairs and lifestyle of the City; and,
WHEREAS, the control of these conditions is in the best interest of the City, its
residents and business owners.
WHEREAS, the City Council of the City of Atascadero may adopt film
ordinances pursuant to Government Code Section 61110.1 and California Constitution
Article XI, Section 7.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
Title 5 of the Atascadero Municipal Code is amended to add Chapter 12 to read as
follows:
ARTICLE 1: TITLE
Section 1.01: The Ordinance shall be known as the "Film Ordinance."
ARTICLE 2: PURPOSE
Section 2.02: The City of Atascadero has a responsibility to its residents and business
owners to promote conditions that are beneficial to the health, safety, welfare and
prosperity of the entire community. The presence and activities of visual media agents
have and do create disruption to what is considered the normal affairs and lifestyle of the
City. The control of these conditions is in the best interest of the City and its residents
and business owners.
City of Atascadero
Ordinance No. 479
Page 2 of 8
ARTICLE 3: DEFINITIONS
Section 301: "City" shall mean the City of Atascadero.
Section 3.02 "Applicant" shall mean the person, firm, association, joint venture, joint
stock company, partnership, organization, club, company, corporation, business trust or
manager, lessee, agent servant, officer or employee, or any of them except where the
context clearly requires a different meaning, applying for a permit to film within the city
limits of Atascadero.
Section 3.03: "City Manager (CM)" shall mean the chief administrative officer of the
City of Atascadero or designated representative.
Section 3.04: "Commercial" shall mean any activity intended to generate financial gain,
in whole or in part, for the applicants or to advertise products, goods or services.
Section 3.05: "City services charges" shall mean the actual costs which City
departments incur in connection with commercial activities for which a permit is required
under these regulations, not limited to administration or coordination of services, support
personnel, equipment, materials and supplies, related fringe benefits, loss of revenue, etc.
Section 3.05: "Destination Marketing Organizations" shall mean filming or videotaping
or still photography produced or coordinated by an organization that qualifies under
Section 501c(6) of the Internal Revenue Code as a Mutual Benefit Organization for the
purpose of tourism and travel promotion.
Section 3.06: "Non-profit films" shall mean any commercial, motion picture, television,
videotape, or still photography produced by a nonprofit organization, which qualifies
under Section 501 c(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.
Section 3.07: "News Media" shall mean any news organization that photographs, films
or videotapes for the purpose of spontaneous, unplanned television news broadcast or
reporting for print media by reporters, photographers or cameramen.
Section 3.07: "Motion picture, television, still photography" shall mean all activity
attendant to staging or shooting commercial motion pictures, television shows or
programs, and commercial advertisements or other media displaying images for
commercial purposes.
Section 3.08: "Private Video' shall mean any filming or videotaping taken solely for
personal use.
Section 3.09: "Public Right-of-Way" shall mean any public access that is open to
vehicular,bicycle or pedestrian traffic.
City of Atascadero
Ordinance No. 479
Page 3 of 8
Section 3.10: "Special Event Coordinator" shall mean a member of City's staff who
serves as the point of contact for all filming activities within the City of Atascadero.
Section 3.11: "Studio" shall mean a fixed place of business where filming activities
(motion or still photography) are regularly conducted upon the premises.
ARTICLE 4: PERMITS AND EXEMPTIONS
Section 4.01: No person shall use any city street, alley, sidewalk, park, right-of-way or
other public property owned or controlled by the City for the purpose of taking
commercial motion pictures, television shows or programs, and commercial still
photography without first applying for and receiving a permit from the City Manager or
his designee.
Section 4.02: Exemptions:
1. News Media: The provisions of this Ordinance shall not apply to or affect
reporters, photographers or cameraman in the employ of a newspaper, news
service, or similar entity engaged in on-the-spot print media, publishing or
broadcasting of spontaneous breaking news events concerning those persons,
scenes or occurrences which are in the news and of general public interest
2. Private Video: The filming or videotaping of motion pictures solely for
personal use.
3. Charitable Films: Projects by organizations that qualify under Section 501
c (3) of the Internal Revenue Code.
4. Studio Filming: Filming activities (motion or still photography) conducted at
a studio.
5. Destination Marketing Organizations: Filming, videotaping or still
photography produced or coordinated by organizations that qualify under
Section 501c(6) of the Internal Revenue Code as a Mutual Benefit
Organization for the purpose of tourism and travel promotion.
ARTICLE 5: RULES AND REGULATIONS
Section 5.01: The City Manager is hereby authorized to establish conditions for the
issuance of such permits and to adopt rules and regulations for activities conducted
pursuant to such permits. Such rules and regulations for activities shall be approved by
resolution of the City Council, but the City Manager is authorized to adopt temporary
rules and regulations for a period not to exceed thirty(30) days.
ARTICLE 6: APPLICATIONS AND PERMIT ISSUANCE
Section 6.01: Issuing Authority: The Issuing Authority shall be the City Manager or his
designee.
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Ordinance No. 479
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Section 6.02: Applications: The following information shall be included in the
application:
1. The name of the owner, the address and telephone number of the location(s) at
which the activity is to be conducted;
2. The specific location at such address or place;
3. The inclusive hours and dates such activity will transpire;
4. A general statement of the character or nature of the proposed filming activity;
5. The name, address and telephone number of the person or persons in charge of
such filming activity;
6. The exact number of personnel to be involved;
7. Use of any animals or pyrotechnics;
8. The exact amount/type of vehicles/equipment to be involved; and
9. Use of public right-of-way.
Section 6.03 Application Fee: An application fee, payable to the City of Atascadero, is
due with the completed application if required.
Section 6.04: Reimbursement for Personnel: The production company shall reimburse
the City for any personnel provided to the company (i.e. police, public works, fire, traffic,
parks and recreation) for the purpose of assisting the production at the City's current
billable labor rate.
Section 6.05: Reimbursement for Damage and/or Destruction: If City property is
destroyed or damaged by reason of applicant's use, event or activity, the applicant shall
reimburse the City for the actual replacement or repair cost of the destroyed or damaged
property.
Section 6.06: Other Fees: Other City fees to be charged to the applicant as deemed
appropriate and as set by Council Resolution.
Section 6.07: Investigation and Action on Application. Upon receipt of a completed
application and payment of the application and all other fees as deemed appropriate and
as set by Council resolution, the City shall stamp the application as received and
promptly investigate the information in the application to determine whether the
application is complete and whether the applicant shall be issued a permit.
(a) Within two (2) business days of receipt the City shall determine whether
or not the application is complete. If the application is not complete the
City shall promptly notify the applicant of that fact. The time period for
granting or denying a permit shall be stayed during the period in which the
application is incomplete.
(b) Within two (2) business days of receipt of the competed application, the
City's designee shall complete the investigation, grant or deny the
application, and date and sign such notation. If the application is denied,
the City's designee shall attach to the application a statement of reasons
for denial.
City of Atascadero
Ordinance No. 479
Page 5 of 8
ARTICLE 7: PERMIT—CONTENT AND POSSESSION
Section 7.01: A permit shall contain the information given in the application and shall
impose reasonable time, place, and manner conditions such that the filming will not pose
a traffic or safety hazard, or unreasonably interfere with fire or police protection services.
The conditions imposed shall be in conformity with the requirements of this chapter and
shall provide only for such modification of the applicant's proposed filming as is
necessary to achieve compliance with this chapter. Such conditions may include
requiring the applicant to:
1. Maintain a twelve-foot wide emergency access lane at all times;
2. Provide first aid stations and teams within any closed-off area to provide
emergency medical aid to participants;
3. Provide barricades to close off the necessary streets;
4. Provide sufficient signs and directional arrows to divert traffic and arrange
for public transit detours, subject to the approval of the City Engineer;
5. Provide monitors for crowd control and security, and establish liaison with
the Police Department concerning the role of the monitors;
6. Distribute flyers throughout the surrounding area in advance of the filming
notifying the affected residents and business people of the filming, and
any street closure;
7. Clean all debris and litter from the street and sidewalk area within four
hours after the conclusion of the filming;
8. Work cooperatively with City Administration, Police and Fire officials;
and,
9. Obey all applicable posting and notice requirements, local, state and
federal laws.
Section 7.02: The permit shall specify the location and duration of parking that will be
permitted for vehicles associated with the filming. All vehicles associated with the
filming shall bear a placard in the front window, and shall not be entitled to parking
pursuant to the film permit unless they do so.
Section 7.03: City staff will assist applicant in meeting the conditions imposed by this
section.
Section 7.04: Applicants shall carry the permit during the filming and show it, upon
demand, to any member of any City department.
ARTICLE 8: ACKNOWLEDGEMENT—USE OF CITY INSIGNIA
Section 8.01: All applicants shall provide acknowledgement to the City for assistance it
provided in the making of the film.
Section 8.02: No City insignia, uniform, vehicle or personnel identified or identifiable as
such may be used or filmed without the express written consent of the City. Issuance of a
permit does not constitute such consent.
City of Atascadero
Ordinance No. 479
Page 6 of 8
ARTICLE 9: APPEALS
Section 9.01: An applicant may appeal the denial of an application made pursuant to this
chapter to the City Council by filing a Notice of Appeal with the City Clerk within ten
days after receipt of the Notice of Denial by the applicant. The City Clerk shall set the
appeal for hearing by the City council at its next regularly scheduled meeting, subject to
notice and agenda requirements. Upon such appeal, the Council may reverse, affirm or
modify in any regard the determination of the City Manager or his/her designee, in
conformity with this chapter, and the City Manager or his/her designee shall act in
conformity with the decision of the City Council.
Section 9.02: In the case of a late application or revocation, or if the City Council does
not meet before the event is proposed to be held, any decision by a designee of the City
Manager shall be reviewed by the City Manager, whose decision shall be final. If the
initial decision was by the City Manager, it shall be final.
Section 9.03: Prompt Judicial Review. After denial of an application or revocation of a
permit, the applicant or permittee may seek prompt review of such administrative action
from the Superior Court pursuant to California Code of Civil Procedure 1094.8.
ARTICLE 10: PERMIT REVOCATION
Section 10.01: The City may revoke a filming permit at any time if:
1. An emergency arises making it impossible to assign sufficient or appropriate
personnel to the filming activity to protect public safety.
2. Information is obtained after the filming permit is issued from which it may be
reasonably concluded that the permit should have been denied.
3. The applicant fails to meet the conditions required by the filming permit.
Section 10.02: If the City revokes a filming permit, the applicant shall be informed in
writing of the grounds for revocation. The applicant may appeal the decision to the City
Council within ten days unless the cause of the revocation is an emergency and there is
insufficient time available to present or schedule an appeal. In such a case, the applicant
shall schedule a personal meeting with the City Manager, or in his/her absence a
designee, to discuss the circumstances.
ARTICLE 11: LIABILITY PROVISIONS
Section 11.01: Liability Insurance: Before a permit is issued, a certificate of insurance
will be required in an amount to be determined by the Administrative Services Director
(minimum of$1,000,000) naming the City of Atascadero as an "additional insured" and a
policy endorsement for protection against claims of third persons for personal injuries,
wrongful deaths, and property damage. The City officers, agents, and employees shall be
named as "additional insured." The endorsement shall not be subject to cancellation or
City of Atascadero
Ordinance No. 479
Page 7 of 8
modification without thirty (30) days written notice to the City. A copy of the certificate
and endorsement will remain on file.
Section 11.02: Worker's Compensation Insurance: An applicant shall conform to all
applicable Federal and State requirements for Worker's Compensation Insurance for all
persons operating under a permit.
Section 11.03: Hold Harmless Agreement: An applicant shall execute a hold harmless
agreement as provided by the City prior to the issuance of a permit under this ordinance.
Section 11.04: Faithful Performance Bond: To ensure cleanup and restoration of the site,
an applicant may be required to post a refundable faithful performance bond (amount to
be determined) at the time the application is submitted. Upon completion of filming and
inspection of the site by the City, the bond may be returned to the applicant.
ARTICLE 12: VIOLATION
Section 12.01: If an applicant violates any provisions of this Ordinance or a permit
issued pursuant thereto, the City may revoke the permit. A violation of this ordinance or
the terms and conditions of a film permit issued pursuant to this chapter is a
misdemeanor.
ARTICLE 13: SEVERABILITY
Section 13.01: If any section, sentence, subsection, clause or phrase of this ordinance is
for any reason held to be invalid or unconstitutional by a decision of the court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of the ordinance. The City Council of the City of Atascadero hereby declares
that it would have passed this ordinance, any sections, sentences, subsections, clause or
phrase thereof irrespective of the fact that any one or more sections, sentences,
subsections,clause or phrase may be declared invalid or unconstitutional.
ARTICLE 14: EFFECTIVE DATE:
This ordinance becomes effective thirty (30) days after the date of its enactment.
ARTICLE 15: POSTING REQUIREMENTS:
A summary of this ordinance, approved by the City Attorney, together with the ayes and
noes, shall be published twice: at least 'five days prior to its final passage in the
Atascadero News, a newspaper published and circulated in the City of Atascadero, and;
before the expiration of fifteen (15) days after its final passage in the Atascadero News, a
newspaper published and circulated in the City of Atascadero. A copy of the full text of
this ordinance shall be on file in the City Clerk's Office on and after the date following
introduction and passage and shall be available to any interested member of the public.
City of Atascadero
Ordinance No. 479
Page 8 of 8
ARTICLE 16: ENACTING DATE AND SIGNATURES:
INTRODUCED at a regular meeting of the City Council held on August 9, 2005, and
PASSED and ADOPTED by the City Council of the City of Atascadero, State of
California, on September 13, 2005,by the following roll call vote:
AYES: Council Members Clay, O'Malley, Pacas and Mayor Scalise
NOES: None
ABSTAIN: Council Member Luna
ABSENT: None
ATTEST: CITY OF ATASCA RO
C—=
Marcia McClure Torgerson, C.M. W dy Scali e, Mayor
City Clerk
APPRO, AS TOO FORM:
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PatricK. En t, City Attorney