HomeMy WebLinkAbout3106 Guidelines for Film and Media Repealing 6.36
ORDINANCE NO.-3 I t)(a
AN ORDINANCE ESTABLISHING GUIDELINES FOR FILM AND
MEDIA PRODUCTIONS AND REPEALING AMC 6.36
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, the City has for many years regulated commercial film and television production to
ensure the safety of the participants, spectators, and general public and to minimize disruption of
public services and inconvenience to Ashland Citizens, businesses, and visitors.
WHEREAS, updated and clarification of ordinances and guidelines concerning film and
television production activities are needed to address the industry's current practices and to
protect citizens' interests.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 6.36 is hereby repealed and a new Film and Media Productions Chapter
6.36 is as follows:
SECTION 6.36.010 Definitions for Purposes of this Chapter
A. Film makiMers includes all activity pertaining to staging or shooting motion pictures, television
shows or programs and commercials in any medium including film, tape or digital format.
B. Exclusive use includes all film activity that requires the use of public property including but not
limited to sidewalks, parks, parking spaces, streets, buildings that excludes others from making
use of same spaces at the same time as the film activity.
SECTION 6.36.020 Mandatory Requirements
All film makers are responsible for the safety of film participants, spectators and the general
public throughout the duration of the film production.
All film makers are responsible for minimizing inconvenience and disruption to citizens,
businesses and city services.
Ordinance No. Page 1 of 6
A film permit is required for any film activities that will result in street closures or street
obstructions; sidewalk closures or obstructions; exclusive parking for longer than 24 hours or
longer than posted time limits, ; or exclusive use of city property or facilities.
All film activities whether permitted or not permitted, must be conducted in full compliance with
Ashland Municipal Code and specifically including: Chapter 9 (health and Sanitation), Chapter
10 (Public Peace, Morals and Safety), Chapter 11 (Vehicles and Traffic), Chapter 15 (Buildings
and Constructions), Chapter 18 (Land use).
In addition:
1) Before any filming on property not owned or controlled by the City takes place, the
consent or permission of the person who owns or controls the property is required
2) The film activity must not threaten or cause damage to public property.
3) Cleanup: Any filming on City-owned property must be conducted 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 must be clean of trash and debris within four (4) hours after
completion of filming at the scene and restored before conclusion of filming-related
activities on the site. If the site is not cleaned, repaired and restored to the City's
satisfaction, the City Administrator will have the necessary work performed and charge
the cost of the necessary work to the film maker.
4) The filming must not interfere with normal governmental or City operations.
5) The filming must not interfere with pedestrian or vehicular traffic unless a film permit is
secured.
6) The filming must not result in an increased fire hazard, and all proper safety precautions
must be taken.
7) As a courtesy to neighboring businesses and households, film makers must notify
neighbors within two hundred (200) feet radius of the film locations of filming activities
at least seventy-two (72) hours prior to the first day of filming at that location.
8) Film activities cannot block or pose tripping hazards for pedestrians' access on
sidewalks, pathways, park land, etc.
9) Film activities cannot block parking spaces for longer than the stated limit or block
vehicular or cycle traffic in streets or bike lanes unless a film permit is secured.
SECTION 6.36.030 Permit Required
A film permit is required for all film activities that require the exclusive use of public property.
A. Any person desiring a film permit under the provisions of this Chapter shall submit an
application on the appropriate form provided by the City Administrator or a designee.
Such application must be submitted at least ten (10) working days prior to the date on
which such person desires to conduct an activity for which a permit is required.
Applications received less than ten (10) days prior to filming will be subject to additional
fees.
SECTION 6.36.040 Permit Fees
Each permit application must be accompanied by a fee, as established by Resolution of the City
Council. This permit fee will be in addition to the regular Business License required in Chapter
Ordinance No. Page 2 of 6
6.04 of this Code and fees pertaining to the use of public property. In addition, the applicant
must pay the actual costs for all City employees the City determines are needed to monitor safety
and code compliance for the benefit of film participants and the general public.
SECTION 6.36.050 Permit Issuance--Conditions
The City Administrator shall issue a permit as provided for in this Chapter when, from a
consideration of the application and from such other information as may be otherwise obtained,
it is found that:
A. The conduct of such activity will not unduly interfere with traffic or pedestrian
movement or endanger public safety.
B. No residential streets will be completely closed to traffic.
C. Directly affected residents and businesses will be notified, in writing, at least seventy-two
(72) hours prior to any filming.
D. The conduct of such activity will not unduly interfere with normal governmental or City
operations; threaten or result in damage or detriment to private or public property.
Should the City incur costs or expenditures for special accommodations and services, for
repairs and maintenance, or for personnel not reimbursed in advance by the applicant, the
City shall bill the applicant for such costs.
E. The conduct of such activity will not constitute a fire hazard and all proper safety
precautions will be taken.
F. 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.
G. The conduct of such activity would not unduly affect the public health, safety or general
welfare of residents or businesses in the immediate area.
SECTION 6.36.060 Appeal
The decision of the City Administrator to issue, conditionally issue, or not issue a permit is final
unless appealed within ten (10) working days of the decision pursuant to the uniform
administrative appeals process in AMC 2.30, except that the hearing officer shall be someone
other than the City Administrator or a city employee supervised by the City Administrator.
SECTION 6.36.070 Cost of Additional Services
If deemed necessary by the City Administrator, additional police, fire, lifeguard and other City
services shall be provided for the purpose of protecting, 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/coordinated through the City Administrator or a
designee.
SECTION 6.36.080 Liability Issues
A. Liability Insurance: Before a permit for a film and video productions is issued, the
applicant must show proof of insurance coverage in an amount not less than two million
($2,000,000) naming the City of Ashland and its officers and employees as additional
insureds for protection against claims of third parties for personal injuries, wrongful
deaths, and property damage. The insurance coverage must not be subject to cancellation
Ordinance No. Page 3 of 6
or modification until at least thirty days after written notice to the City of Ashland. The
applicant must provide a certificate of insurance verifying such coverage. The City
Administrator may exercise his or her judgment to modify the amount of required
insurance coverage after submitting to the full Counsil written justification for the
change.
B. Worker's Compensation Insurance: An applicant must conform to all applicable Federal
and State requirements for Worker's Compensation Insurance for all persons operating
under a permit.
C. Indemnification: An applicant must execute an indemnification and hold harmless
agreement as provided by the City of Ashland prior to the issuance of a permit under this
ordinance.
SECTION 6.36.090 Filming Regulations
A. Advance Notice for Approval: An applicant must submit a permit request at least ten (10)
working days prior to the date on which filming is due to begin.
B.
afea used must be elean of tfash and debfis within 4)ui- (4) hours, aftef eempletion e
site. if the site is net eleaned, r-epaifed and Y-estar-ed to the City's satW~aefien, the C4t-y
the wefk to the per-fliitteL-7
G. Filming oft Pr-iva* Wopeftyz An applieant is fequifed to obtain the pfepef4y
.,n /ef lease for- use „f pr-epeft~; n mot ow a of eenif"11°'7 by
the Cif
B. Public Works Department: If the applicant must park equipment, trucks, and/or
cars for extended period where parking is typically not permitted, temporary "No
Parking" Signs must be posted. The applicant must also obtain permission if there is a
need to string cable across sidewalks, or from a generator to a service point.
C. Traffic Control: For filming that would impair traffic flow, an applicant must use
certified flaggers or local law enforcement personnel and comply with all traffic control
requirements deemed by the City to be necessary.
a. An applicant must furnish and install advance warning signs and any other
traffic control devices in conformance with the Oregon Temporary Traffic
Control Handbook, State of Oregon Department of Transportation. All
appropriate safety precautions must be taken.
b. Traffic may be restricted to one 12-foot lane of traffic and/or stopped
intermittently. The period of time that traffic may be restricted will be determined
by the City Administrator, based on location and time of day.
c. Any emergency roadwork or construction by the City of Ashland and/or
private contractors, under permit or contract to the City, will have priority over
filming activities.
d. Parking Lots: When parking in a City parking lot, an applicant may be
billed according to the current rate schedule established by the City of Ashland.
In order to assure the safety of citizens, roads which serve as emergency service
Ordinance No. Page 4 of 6
roads, must never be blocked. No relocation, alteration, or moving of signage or
structure will be permitted without prior approval.
e. Notification: All resident and merchants within a two hundred (200) feet
radius of the film location must receive notice of filming at least 48 hours prior to
the first day of filming.
D. Sanitary Facilities: The applicant must furnish one (1) portable toilet facility for
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 which is made
available to applicant and employees and kept open during said activity.
SECTION 6.36.100 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 6.36.060. No changes in the date for
which the permit has been issued shall be made without first obtaining approval of the City
Administrator, and compliance with the established time limitations.
SECTION 6.36.110 Violation
A. Violation of AMC 6.36 shall be considered a Class I violation, subject to the limitations of
AMC 1.08.
B. Any violation of the requirements of this chapter, not addressed in A above, including
violation of permit conditions, shall be a Class III violation as defined by AMC 1.08 and
punishable as set forth in that section.
SECTION 6.36.120 Revocation
Any conduct that is prohibited by 6.36.060 is a violation of this Chapter and constitutes grounds
for the City Council to revoke the licensee's permit for up to one (1) subsequent year.
SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code,
and the word "ordinance" may be changed to "code", "article", "section", or another word, and
the sections of this Ordinance may be renumbered or re-lettered, provided however, that any
Whereas clauses and boilerplate provisions (i.e., Sections [Nos. 2-3] need not be codified, and
the City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in ac o dance with Article X,
Section 2(C) of the City Charter on the day of ~I'~/ , 2015,
and dul PASSED and ADOPTED this 3 day of 2015.
Barbara M. Christensen, City Recorder
Ordinance No. Page 5 of 6
SIGNED and APPROVED this 41 day of 2015.
`l~1lr
Stro berg, Mayor
Revie d as to form:
David H. Lohman, City torney
Ordinance No. Page 6 of 6