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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. City of Atascadero Ordinance No. 479 Page 4 of 8 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: rf. ,/ ✓Y� PatricK. En t, City Attorney