[HISTORY: Adopted by the Board of Commissioners of the City of Union City by Ord. No. 1999-6 (§ 4-24 of the 1996 Revised General Ordinances). Amendments noted where applicable.]
Fees — See Ch. 155.
As used in this chapter, the following terms shall have the meanings indicated:
- The taking of still or motion pictures, either on film or videotape or similar recording medium, for commercial or educational purposes intended for viewing on television, in theaters or for institutional uses. The provisions of this definition shall not be deemed to include the filming of news stories with the City.
- MOTION PICTURE
- Includes, but is not limited to, any film which is financed and/or distributed by a motion-picture studio, independent film maker, cable or network television for the purpose of documentaries, commercial advertising, movies, music videos or television series.
- PUBLIC LANDS
- Any and every public street, highway, sidewalk, square, public park or playground or any other public place within the City which is within the jurisdiction and control of the City.
Permit required. No person or organization shall film or permit filming on public property within the City without first having obtained a permit from the office of the City Clerk, which permit shall set forth the approved location of such filming and the approved duration of such filming by specific reference to day or dates, not to exceed five days. Such permit must be readily available for inspection by City officials at all times at the site of filming.
Application for permit; fee. All permits shall be applied for and obtained from the office of the City Clerk during normal business hours. Applications for such permits shall be in a form approved by the City and be accompanied by a permit fee in the amount set forth in Chapter 155, Fees.
Duration of permit; additional fees. A permit shall be sufficient to authorize outdoor or indoor filming for a period not to exceed five days. Any period beyond five days shall required an additional fee as set forth in Chapter 155 for every three-day period thereafter.
Reissuance of permit. If a permit is issued and, due to inclement weather or other good cause, filming does not in fact take place on the dates specified, the City Clerk, after authorization from the Director of Public Safety or his/her designee, at the request of the applicant, may issue a new permit for filming on other dates subject to full compliance with all other applicable provisions of this chapter.
Development of application and rules. The Chairperson of the Union City Film Advisory Commission shall develop an application and accompanying rules pursuant to and consistent with this chapter which shall be submitted to the Corporation Counsel and the Police Chief and then to the Director of Public Safety for final approval prior to their issuance.
Time needed for issuance. No permit will be issued by the City Clerk unless applied for at least five days in advance of the day of shooting and approved by the Director of Public Safety or his/her designee, who shall include the individual designated as the person overseeing filming in the City. The five-day period may be waived the Director of Public Safety or his/her designee if it is determined that sufficient cause is warranted and there will not be any undue interference with any property owners or tenants, be they residential, commercial or otherwise.
Proof of insurance. Each permit application shall include proof of insurance which shall provide coverage for auto liability, general liability in the amount of $1,000,000 and for property damage in the amount of $500,000.
Indemnification. The application shall also include an agreement that the applicant agrees to indemnify and hold harmless the City from any and all liability, expense, claims or damages resulting from the use of public land.
Cash and maintenance bonds. In order to better insure that the public property is left in at least the same condition as it was found, the applicant shall post a cash bond of $500 or a maintenance bond of $1,000 in favor of the City, thereby protecting and insuring that the location utilized will be left after filming in a satisfactory condition, free of debris, rubbish and equipment or materials, and that due observance of all City ordinances, rules and regulations will be followed. Within seven days of the completion of the filming, the City will return the bond if there has been no damage to public property or public expense caused by the filming. If the cost of rectifying the condition of the public property exceeds the bond, the applicant/permit holder shall be responsible for all additional amount, and this shall be agreed to by the applicant as part of the application.
The Chief of Police shall be responsible for reviewing and providing a recommendation for each application, including making a determination that there will be a requirement to have a police presence at the filming because of its impact on vehicular and pedestrian traffic and movement. In this regard it shall be the responsibility of the applicant to hire an off-duty Union City police officer to ensure that the City does not bear the expense of additional personnel costs.
The applicant, once the permit is issued, shall take all reasonable steps to minimize interference with the free passage of pedestrians and traffic over public lands and shall comply with all lawful directives issued by the Union City Police Department.
Filming shall not commence before 7:00 a.m. or continue after 10:00 p.m. without the expressed approval of the Director of Public Safety after receiving assurances from the Chief of Police that there will be no adverse impact to any resident or business as a result of this filming.
Any person violating this chapter, or these rules and regulations, upon conviction thereof, shall be punished by a fine not to exceed $1,000 per day or by imprisonment in the county jail for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.