Ord 2336 - Filming Permit
COUNCIL BILL NO. 2447
ORDINANCE NO. 2336
AN ORDINANCE ESTABLISHING A FILMING PERMIT PROCESS; SETTING FEES; PROVIDING
FOR PENALTIES; AND DECLARING AN EMERGENCY.
WHEREAS, film production is an important economic activity which benefits the
community; and
WHEREAS, despite these community benefits, it is also necessary that the City
regulate film production activity to ensure that impacts on vehicle and pedestrian
traffic, circulation, safety of bystanders and crew are protected and that the least
possible disruption to the overall community occurs; and
WHEREAS, in order to provide for protection of the health and safety and the
least disruption to traffic and the community, the City finds that a filming permit process
should be established, NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1 - Permits for Filming Required. All persons or legal entities shall obtain a
filming permit prior to filming motion pictures, commercials or videotaped productions
within the Woodburn City limits. This requirement shall not apply to films made by
amateurs or to the filming of news events by accredited representatives of news
agencies.
Section 2 - Issuance of Filming Permit. Filming permits shall be issued by the City
Administrator or the City Administrator's designee.
Section 3 - Application. A written application for a filming permit shall be filed
with the City Administrator or designee at least fourteen (14) days prior to filming, unless
waived by the City Administrator. The application shall include:
1 . The name and contact information of the person, firm, or corporation
employing the person or persons who will perform the filming.
2. The name and contact information of a person who will be responsible for
the filming crew on location in the City.
3. The specific date, location, time of arrival on the filming site and duration
of filming (including site preparation, site restoration, and departure) for each scene to
be filmed within the City limits.
4. The extent to which normal use of public property/right-of-way will or
could be impaired or curtailed during filming.
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Ordinance No. 2336
5. The number and location of vehicle parking spaces that will be needed
during filming and the anticipated hours of use of the spaces.
6. The number of police or other City personnel desired or needed for traffic
and/or pedestrian control, security of equipment, or other purposes during filming.
7. Written authorization from the property owner if private property is to be
used in conjunction with public property during filming.
8. The processing fee as set by this Ordinance.
Section 4 - Review of the Application.
1 . The City Administrator or designee shall review the application and may
issue the permit if the City Administrator or designee finds that the filming permit will not:
a. Adversely impact the public health, safety or welfare;
b. Adversely impact the affected neighborhood(s) or business district(s);
c. Result in a cost to the public due to the use of public property or
facilities, potential loss of public revenue, or provision of City personnel, unless the City is
compensated for such costs by the applicant;
d. Substantially inconvenience residents or businesses; or
e. Substantially interfere with the public peace or the quiet enjoyment of
private residential property.
2. The City Administrator or designee may impose conditions on a permit in
order to alleviate or mitigate any potential adverse impacts described in subsection 1
of this section.
3. The City Administrator or designee may deny the application if he or she
determines that the permit will result in any of the potential adverse impacts described
in subsection 1 of this section which cannot be alleviated or mitigated by the imposition
of conditions.
4. An approved filming permit shall:
a. Specify the location and time of use of any City property that will be
affected by filming.
b. Set forth any conditions or restrictions imposed by the City
Administrator or designee pursuant to subsection 2 of this section.
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Ordinance No. 2336
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c. Require a deposit of funds prior to filming in an amount estimated by
the City Administrator or designee to be sufficient to compensate the City for any
public costs described in subsection (1 )(c) of this section incurred as a result of the
filming. In the event that filming is cancelled, the City shall refund the deposit minus an
amount for any costs incurred by the City up to the date of cancellation.
d. Require the delivery of a certificate of insurance prior to filming in an
amount determined by the City Administrator or designee to be sufficient to protect the
City from any and all liability arising out of the filming activity. The certificate of
insurance shall name the City of Woodburn as an additional insured.
Section 5 - Appeals.
1 . Any decision regarding an application or the conditions of a permit may
be appealed by the applicant to the City Council by filing a written notice of intent to
appeal with the City Recorder. The notice shall be filed within seventy-two (72) hours of
receipt of the decision by the applicant and shall include a statement of the reasons
for the appeal and an appeal fee. The filing of an appeal shall stay the permit until the
appeal is decided by the Council.
2. In reviewing the appeal, the Council shall determine whether the decision
complies with the criteria and requirements of Section 4 of this ordinance. The Council
may affirm, reverse or modify the decision. The Council's decision shall be final.
Section 6 _ Compensation for Public Costs. The applicant shall compensate the
City for any and all public costs described in Section 4.1. If the deposit required
pursuant to Section 4.4c is insufficient to cover such costs, the applicant shall remit the
balance to the City upon receipt of written notice of such additional costs.
Section 7 _ Permit Application Fee. An application for a filming permit shall be
accompanied by a fee in the amount of $1,000.00.
Section 8 _ Appeal Fee. An appeal under Section 5 of this Ordinance shall be
accompanied by an appeal fee in the amount of $300.00.
Section 9 _ Violations. A violation of any provision of this Ordinance or of any
term or condition of an approved filming permit is a Class 1 civil infraction and shall be
enforced pursuant to the Civil Infraction Ordinance.
Section 10 _ Severability Clause. If a portion of this Ordinance is for any reason
held to be invalid, such decision shall not affect validity of the remaining portions of this
Ordinance.
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Ordinance No. 2336
Section 11 _ Emergency Clause. This Ordinance being necessary for the
immediate preservation of the public peace, health and safety so that anticipated
filming permit applications can be addressed, an emergency is declared to exist and
this ordinance shall take effect immediately upon passage by the Council and
approval by the Mayor.
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Approved as to form: ' / . , "(J
City Attorney
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Passed by the Council
Submitted to the Mayor
Approved by the Mayor
May 12. 2003
May 14. 2003
May 14. 2003
Filed in the Office of the Recorder
May 14. 2003
ATTEST: (Y) Ci..v'-i--~
~nt City Recorder
City of Woodburn, Oregon
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Ordinance No. 2336