Ordinance 2978CITY OF ALAMEDA ORDINANCE NO.2978
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY REPEALING
SECTION 5-30 (FILMING ACTIVITIES) IN ITS ENTIRETY , AND
REPLACING IT WITH A SUCCESSOR SECTION TO ARTICLE
(PERMITS) OF CHAPTER V (LICENSES AND PERMITS) MAKING
CHANGES TO THE PROCEDURES , REGULATIONS AND RELATED
FEE PROVISIONS FOR FILMING ACTIVITIES WITHIN THE CITY OF
ALAMEDA
WHEREAS, in November of 1991 , the Council adopted Ordinance No.
2570 New Series , establishing fees , regulations and procedures governing
filming activities in the City of Alameda; and
WHEREAS , the City s Public Works Department was initially responsible
for coordinating film-related activities; and
WHEREAS , the responsibility of managing the program has been
transferred to the Planning and Building Department; and
WHEREAS , the California Film Commission has recommended specific
regulations with regard to film permitting be removed from the AMC and set
forth in administrative regulations; and
WHEREAS , the amendment of . those initial provisions appears
appropriate subsequent to the aforementioned departmental reorganization and
the establishment of the Alameda Film Commission by the Council in 2006.
BE IT ORDAINED by the Council of the City of Alameda that:
Section 1.The Alameda Municipal Code is hereby amended by
repealing Sections 5-30 through 5-30., inclusive , (Filming Activities) of Article
II (Permits) of Chapter V (Licenses and Permits) in its entirely except that
underlying fee resolutions adopted pursuant to Section 5-30.10. shall continue
unchanged in full force and effect pursuant to successor Section 5-30.10 unless
hereinafter modified.
Section 2.The Alameda Municipal Code is hereby amended by
adding new successor Sections 5-30 through 5-30., inclusive , (Filming
Activities) of Article II (Permits) of Chapter V (Licenses and Permits) to read as
follows:
30 FILMING ACTIVITIES
30.1 Purpose.
The purpose of this section is to provide rules governing the issuance of
permits for filming activities on location within the City. The section is to ensure
that still photographers and motion picture , television , and commercial film and
digital media companies will be encouraged to use Alameda for filming activities
as long as those activities are consistent with the public safety and the
rotectionofp rope rty.
30.2 Definitions.
As used in this section:
Alameda Film Commission - 11-member body established by Council
ordinance in 2006 with . a mandate of promoting film and digital media activity in
Alameda.
Applicant - the person , organization , corporation , association or other
entity applying for a permit for filming activities in the City of Alameda.
Fire Chief - the chief of the Fire Department of the City of Alameda
and/or designee.
Permit Center - the office in charge of coordinating and .issuing permits
for the City of Alameda.
Police Chief - the chief of Police of the City of Alameda and/or
designee.
Commercial stil photography includes all activity attendant to staging
or shooting still photographs for commercial purposes.
Development Services Department (DSD) - City Department charged
with staffing the Alameda Film Commission.
Filming activity - the staging, shooting, filming,videotaping,
photographing, or other similar process conducted for the making of still
photographs motion pictures television programs commercial and
nontheatrical fim productions.
Film permit - written authorization from the Permit Center to conduct the
filming activity described in the Permit.
News purposes - filming activity conducted for newspapers , television
news , and .other news media for the purpose of reporting on persons , Electronic
News Gathering (ENG), events , or scenes which are in the news.
Permittee - the person , organization , corporation , association or other
entity issued a film permit.
Planning and Building Department Director - the Director of the
Planning and Building Department for the City of Alameda and/or designee.
The Department is charged with coordinating film/video activity and issuing
permits for same through the Permit Center.
Public propert - any sidewalk , parking area , park or open space
building or any other property owned , leased or controlled by the City of
Alameda.
Public Street - any street or road maintained by the City and located
within City limits.
Public Works Director - the Director of Public Works for the City of
Alameda and/or designee
Pyrotechnics special effects involving explosions , fireworks or
anything else which produced light , smoke or noise when ignited.
Student filming activity - fiming activity conducted. to fulfil a course
requirement by a student enrolled at a public or private school.
Studio - a fixed place of business where filming activities are regularly
conducted upon the premises.
30.3 City Cooperation.
The Planning & Building Department Director . and/or designee shall
coordinate the City s procedures under this section. The Director and/or
designee shall work cooperatively and responsivelywithother City departments
with significant roles in filming in Alameda , specifically, those other City
departments involved in the processing of. film permits such as the
. Development Services Department (DSD), Police , Fire, and Public Works. The
DSD Director and/or designee shall work with the Alameda Film Commission to
carry out its mandate to promote filming activity in .Alameda through marketing
activity and working with various City department to ensure an environment that
while "film-friendly " still protects the high quality of life enjoyed by Alamedans.
30.4 PermitRequired.
A permit is required by the City for the purpose of filming on City-owned
leased or controlled real property or streets. This permit does not constitute or
grant permission to use or occupy property not owned , leased or controlled by
the City. An applicant shall obtain the private property owner s permission
consent , and/or lease for use of property not owned or controlled by the City.
Student produced. film/video activity . is not exempt from permit requirements.
The permit must be in the possession of the permittee at all times while on
location in the City.
30.5 Permit Exceptions.
No permit is required for the following activities as long as the activity wil
not require the closure of a public street , sidewalk , or place nor substantially
impede vehicular or pedestrian traffic thereon:
a. Filming activities conducted for news purposesb. Filming activities conducted at commercial studios, either inside or
outside , on private property
c. Filming activities conducted for use in a criminal investigation or civil
court proceedings
d. Noncommercial activities
e. Commercial still photography or staging when:
i. No aspect of the still photography is conducted on City
property, and
ii. No aspect of the stil photography will require more than than
two (2) motor vehicles parked on any public street.
f. Filming activities conducted by odor the City.
30.6 Application Form.
The permit application shall be on a form furnished by the Permit
Center. Terms and conditions . of the permit wil be added as needed to the
particular filming activity. Applicants must sign the permit form before
undertaking any filming activity authorized by the permit.
30.7 Deadline for Film Permit Applications.
Applications for film permits must be fil ed with the Permit Center.
Administrative regulations , kept on file within the Genter, will setforth maximum
time periods for permit issuance date . based on the complexity of the proposed
action in the following categories:
a. applications that include stunts , special effects , including pyrotechnics
or traffic control in excess of three (3) minutes
b. applications that involve public street closure
c. applications that involve neither of the above.
30.8 Permit Approval/Denial.
Film permits shall be approved unless:
a. The proposed filming activity would substantially disrupt the use of a
public street at a time of traffic congestion , or interfere withJhe operation of
emergency vehicles and/or interfere with street maintenance work or a
previously authorized excavation permit.
The area of proposed filming activity is on City property and would
substantially interfere with:
otherpreviously authorized activities , contracts , or the safety of
the public or employees while on City property and/or
ii. municipal functions or the scheduled maintenance of City
buildings or grounds.
c. The proposed filming activity creates a substantial risk of injury to
persons or property.
d. The applicant fails 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.
e. The proposed filming activity would violate Federal , State , or local
law including licensing or permit requirements.
When grounds for permit denial can be corrected by imposing
reasonable permiLconditions , the . Planning & Building Department Director
and/or designee in consultation with the Fire Chief , Police Chief , and/or Public
Works Director as appropriate , may impose such conditions .rather than deny
the permit. No late applications . will be processed unless the Planning &
Building Department Director and/or. designee determine that special
circumstances exist relative to the application which would have precluded its
application on a timely basis. Upon such showing of good cause , applications
which are filed after the filng deadline shall be processedifthere is sufficient
time to process and investigate the application and for City staff to prepare for
the filming activity.
30.9 Permit Conditions.
The Planning & Building Department Director and/or designee may
condition the issuance of a film permit by imposing reasonable requirements
concerning the time , place , manner and duration of filming activities. Additional
Terms and Conditions " attached to the film permit , may include , but not be
limited to , the following requirements or restrictions:
a. Requirements for the presence of City employees at the applicant's
expense.
b. Requirements concerning posting of no parking signs , placement of
traffic control devices , and employment of traffic and crowd control monitors at
the applicant's expense.c. Posting the outer boundaries of the filming activity and providing
advanced notice to affected property owners and businesses.d. Requirements concerning the clean . up and restoration of public
streets and City property used in the fiming activity.e. Restrictions concerning the use of City employee services , vehicles
and other equipment in the filming activity.
f. Requirements that the applicant pay all fees and obtain all permits and
licenses required for the filming activity.
g.
Restrictions on explosions , noise , or hazardous devices which might
disturb the peace , to be addressed on acase-by-case basis.
h. Restrictions on the use of stunts involving pyrotechnics , open flames
vehicle crashes or other hazardous materials.
i. Requirements on the usage of police , fire and other official uniforms
worn by actors when the actors are not on camera.
j. Restrictions on the use of City logos , insignias , badges or decals for
filming purposes.
k. Restrictions on the daily hours the filming activity may be conducted
within the City.I. Requirements concerning proper acknowledgment of any City
assistance provided in making feature , television or commercial productions.
30.10 Fees.
The City Council shall establish film permit fees by resolution which are
due and payable at the time their permit application issubrnitted. In addition to
the film permit fees , the applicant shall pay for any other necessary permits , for
the use of the sites , and for all costs incurred by the City in providing City
employees or equipment to be present during fiming activity.
30.11 Change of Filming Activity Date.
Upon reasonable notice by the permittee in advance of filming activity,
the Planning & Building Department Director and/or designee is authorized to
change the date for which the film permit has been issued without requiring a
new application or permit.
30.12 Insurance Required.
The applicant for a fim permit shall procure and maintain for the duration
of the film activity insurance in the amounts and types required by the City
Risk Manager.
30.13 Liabilty and Indemnification.
Prior to the issuance of the film permit the permittee must agree in writing to
comply with the "Filming Permit Terms and Conditions.
30.14 Duties of Permittee.
The permittee and all agents , employees and contractors of the permittee atthe
fiming activity site within the City shall comply with the following requirements:
a. The permittee shall not conduct within the City a filming activity not
authorized by the film permit.
b. The permittee shall:
i. Comply with instructions made by the Alameda. Police officers
assigned
to police the filming activity area.
ii. Comply with .instructions made by City employees
assigned to regulate the filming activity site.
iii. Clean and restore all City-owned property utilized
during the filming activity to the same condition as existed prior to
the
filming activity.
iv. Comply with this Chapter and all Federal , State and local laws.
30.15 Street Closures.
The applicant for a fi lm permit may request that the City authorize a
street closure on the film permit application. A short term encroachment permit
shall be granted by the Public Works Director. (Ord. No. 2570 N.S.
30.16 Pyrotechnics.
During the filming of any special effect or stunt requiring the use of
pyrotechnics or any material deemed hazardous , including but not limited to
fireworks , open flames or explosives , the applicant must obtain a permit from
the Fire Department.
30.17 Permit Revocation or Suspension.
Permit Revocation: The Planning & Building Director and or designee
may revoke a film permit if the permittee or any agents , employees or
contractors of the permittee fail to comply with the applicable requirements of
this section or if the Planning & Building Director and/or designee(s) determines
after the permit is issued that the permit application was false in any material
detail. Notice of the grounds for revocation of the film permit shall be provided
in writing by the Planning & Building Director and/or designee to the permit
applicant or person in charge of the location of the filming activity. Appeals .
the permit revocation shall be conducted in the manner set forth below. The
Fire Chief , Police Chief, Public Works Director and/or Planning & Building
Department Director and/or their designee(s) may suspend the film permit when
the filming activity poses an immediate hazard to persons or property and the
location manager wil not or cannot prevent the hazard after being instructed to
do so. Notice of the grounds for suspension of the film permit shall be provided
in writing by the applicable Chief or Director and/or designees to all other
Department Directors and Chief(s) (with the authorization to suspend) and the
permittee within one (1) business day of the suspension. Appeals of the permit
suspension shall be conducted in the manner set forth below.
30.18 Appeals.
Any person dissatisfied with a decision of the City or its representative
may file an appeal to the Alameda Film Commission (AFC) within the time
specified below. The appeal shall be made in writing and filed with the Permit
Center not later than five (5) days after the date written notice of the City
decision is made. Failure to file a timely appeal shall result in a wavier to the
right to appeal. The appeal shall state in detail the factual basis for the appeal.
The AFC or its designee may appoint a hearing officer to conduct the
hearing, to receive relevant evidence , and to submit to the AFC findings and
recommendations to be considered by the AFC. If appointed , the hearing
officer shall hear the appeal and submit his or her findings and
recommendations to the AFC. The AFC shall render its decision within seven
(7) working days from the date of the hearing, or in the event that a hearing
officer has been appointed , within seven (7) working days from the date the
AFC receives the findings and recommendations of the hearing officer. The
decision of the AFC shall be final.
30.19 Penalties.
The violation of any provision of this section shall constitute an infraction.
Section 3 This Ordinance shall be in full force and effect from and
after the expiration of thirty (30) days from the date of its final passage.
Attest:
Lara Weisiger, City
City of Alameda
, the undersigned , hereby certify that the foregoing Ordinance was duly and
regularly adopted and passed by the Council of the City. of Alameda in a regular
meeting assembled on the 1 sl day of April , 2008 by the following vote to wit:
AYES:Councilmembers deHaan , Gilmore , Matarrese , Tam and
Mayor Johnson - 5.
NOES:None.
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS , WHEREOF , I have hereunto set my hand and affixed .the offcial seal of
said City this 2 day of April , 2008.
Lara Weisiger , City C
City of Alameda