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HomeMy WebLinkAbout2319 New 6.36 Media Production ORDINANCE NO. AN ORDINANCE ADDING A NEW CHAPTER 6.36 TO THE ASHLAND MUNICIPAL CODE RELATIVE TO MOTION PICTURE, RADIO AND TELEVISION PRODUCTIONS WITHIN THE CITY. THE PEOPLE OF THE CITY OF ASHLAND, OREGON, ORDAIN AS FOLLOWS: SECTION 1. A new Chapter 6.34F is hereby added to the Ashland unite cipTCode which shall read as follows: "Chapter 6.36 MOTION PICTURE, AND RADIO AND TELEVISION PRODUCTIONS Sections: 6.36.010 Definitions 6.315.020 Permit required 6.3$.030 Permit exemptions 6.36.040 Permit application 6.36.050 Permit fees 6.346.060 Permit issuance--Conditions 6.34;.070 Cost of additional services 6.38.080 Insurance 6.39.090 Hold-harmless agreement 6.36.100 Conditions--Restrictions 6.325.110 Cleanup/restoration 6.35.120 Sanitary Facilities 6.36;.130 Violation 6.316.140 Revocation 6.36.010 Definitions. For purposes of this chapter, the following e initions s all apply: A. "Motion picture, radio or television productions" means all activity attendant to staging or shooting commercial motion pictures, television shows, programs, or commercials, and commercially prepared radio broadcasts. 6.346.020 Permit reiwired. No person shall use any public or private property, aci ty or residence for the purpose of pro- ducing, taking or making any commercial motion pictures or television production or for the purpose of any radio broadcast without a permit issued pursuant to the provisions of this chapter. 6.346.030 Permit exem tions. The provisions of this chap- ter shall not apply to t e o owing: A. Current news productions including reporters, photo- graphers or cameramen in the employ of a newspaper, news service, broadcasting..station or similar entity engaged in the broadcast- ing of news events. B. Productions. within studios.including'motion picture-tele- vision, radio broadcasting studios, operating at an established or fixed place of business within the City. -1- C. Productions for charitable. purposes including productions which are carried on wholly for a charitable purpose or from which no profit is derived, either directly or indirectly by any individ- ual; provided, however, that such charitable production shall be exempt only from the provisions of Section 6.32.050. D. Classes in audio visual related work including student noncommercial or teaching productions when conducted on private property. 6.36.040 Permit a Tication. Any person desiring a permit under t Fe provisions o this chapter shall make application on the appropriate form provided by the City Administrator or his/ her designee. Such application shall be submitted at least five (5) working days prior to the date on which such person desires to conduct an activity for which a permit is required. If such activity requires a special use permit, application should be made two weeks in advance. The City Administrator may waive the require- ment that applications be filed five (5) days in advance when in his/ her opinion neither the city nor the general public will be incon- venienced or harmed by his/her doing so. 6.36.050 Permit fees. Each application shall be accompanied by a fee as established y resolution of the City Council and shall augment and be in addition to the regular Business License required in Chapter 6.04. of this Code. 6.36.060 Permit 'is's'uance- Conditions. The City Administra- tor''shall.- Assue a permit as provided or in this chapter when, from a consideration of the application and from such other informa- tion as may be otherwise obtained, he/she finds that: A. The conduct of such activity will not unduly interfere with traffic or pedestrian movement or endanger public safety. That no residential streets will be completely closed to traffic, and that prior to any filming, the concerned residents will be notified in writing two weeks beforehand. B. The conduct of such activity will not unduly interfere with normal governmental or city operations, threaten to result in damage or detriment to private or public property, or result in the city incurring costs or expenditures in either money or person- nel not reimbursed in advance by the applicant. C. The conduct of such activity will not constitute a fire hazard and all proper safety precautions will be taken. D. The conduct of such activity will not require the diversion of so great a number of police officers of the city as to interfere with normal police protection of other areas in the city. E. The conduct of such activity would not unduly affect the public health, safety or general welfare of of residents or businesses in the immediate area. The decision of the City Administrator to issue, condition- ally issue, or not issue a permit shall be final unless appealed in writing within five (5) working days of the decision, by request- ing a hearing before the City Council at the next available meeting. -2- 6.36.070 Cost of additional 'services. If deemed necess- ary by the City Administrator, additional police, fire, lifeguard, and other city services shall be provided for the purpose of pro- tecting, assisting and regulating the proposed activity. The cost of providing such additional services shall be paid to the City by the applicant. Any additional city services will be provided/ foordinated through the City Administrator or his/her designee. 6.36.080 Insurance. The City shall require, as a con- dition o issuing suc a permit, that the applicant furnish a certificate of insurance in an amount of five hundred thousand dollars for any one occurrence or one million dollars aggregate to protect the city against claims of third persons for personal injury, wrongful death and property damage arising out of the permittee's activities. The city shall be named in the policy as an additional insured and copy of the policy shall remain on file with the application. The amount of insurance may be increased by the City Administrator if he'she determines that the proposed activity being conducted warrants a higher amount. The certificate required by this section shall state that it is not cancellable nor the coverage reducible except on ten (10) days prior written notice to the City Administrator. 6.36.090 Hold-harmless agreement. The applicant shall execute a hold-harm ess agreement as provided by the City prior to the issuance of any permit. 6.315.100 Conditions--Restrictions. The applicant shall comply with any conditions or restrictions the City Administrator may impose as a condition to issuing a permit pursuant to the provisions of this chapter when such conditions or restrictions relate to the provisions of Section 6.32.060. No changes in the date for which the permit has been issued shall be made without first obtaining the City Administrator's approval, and provided that the established time limitations are complied with. 6.36.110 Cleanup/restoration. The applicant shall conduct operations in an orderly fashion with continuous attention to the storage of equipment not in use and the cleanup of trash and debris. The area used shall be cleaned of trash and debris within four hours of the completion of the activity. The applicant shall be responsible for restoring any area damaged or disrupted before leaving the site. If the site is not repaired or restored to the City's satisfaction, the City Administrator shall have the necess- ary restoration and/or repairs performed and shall charge the necessary work to the permittee. 6.319.12 Sanitar Facilities. The applicant shall furnish one (1 porta e toilet aci ity or each twenty-five (25) persons or fraction thereof employed if the activity site is over five hundred (500) feet from a public toilet facility or private toilet facility made available to applicant and employees, which must be open during said activity. 6.366.130 Violation. Violation of the provisions of this chapter is etermine to be an infraction and may be punish- able as specified in Section 1.08.020 of this Code. 6.36.140 Revocation. Anything that is done by the licensee that is prohibited by 6.32.060 is a violation of this Chapter and also authorizes the City Council to revoke the licensee's permit for up to one year. -3- SECTION 2. Section 18.40.020 of the Ashland Municipal Code s a e amended by adding thereto, a new subsection "H", which shall read follows: "H. Motion Picture, television, or radio broadcasting studios operating at an established or fixed location." The foregoing ordinance was first read on the ?/day of ti 1984, and duly PASSED and ADOPTED this h/ day of ~¢kJ, 1984. Nanran c in City Recorder SIGNED and APPROVED this day of ~y 1984. 10!fl~A94 L. Gordon Me arcs Mayor -4-