§ 8-113. Motion picture, television and photographic production ordinance.

(a)

Permit required.

(1)

No person shall use any public or private property, building, facility or residence located within the City Limits of Norcross for producing, taking or making any motion picture, television production or photographic production without first applying for and receiving a commercial filming permit issued pursuant to the provisions of this chapter.

(b)

Definitions. [The following words, terms and phrases, when used in this subsection, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

(1)

Administrative commercial filming permits are permits for commercial filming activity not to exceed four consecutive weeks.

(2)

Applicant means the individual applying for a permit, who is legally authorized to bind the Producer.

(3)

Application means the document created by the Community Development Director that must be completed and submitted to the Community Development Director by a producer or the producer's authorized representative, in order to request a permit.

(4)

City means the City of Norcross.

(5)

Code means the Norcross, Georgia Code of Ordinances.

(6)

Commercial filming activity means the production of motion pictures, television series, commercials, music videos, interactive games and animation on public or private property, or which has any adverse effect on public property, such as the parking of commercial vehicles supporting such production activity in the public right of way and increased traffic as a result of such production activity, including the on-site/on-location pre-production activities associated therewith, where the final product is intended to be commercially released and/or commercially distributed; provided however, that commercial filming activity shall not include:

a.

Location scouting.

b.

Amateur photography.

c.

The activities of reporters or cameramen in the employ of a newspaper, news service, radio or television broadcasting station engaged in on-the-spot broadcasting, reporting or photographing of news of current events or general public interest. This exception does not include magazine or documentary programs.

d.

Productions, concerts, festivals or other events conducted or sponsored in whole or in part by the city or any city board, commission or authority.

e.

Wedding celebrations, ceremonies, and similar private social events.

(7)

Commercial filming permit includes administrative commercial filming permits and operational commercial filming permits.

(8)

Commercial filming permit administrator means the Community Development Director or his designee.

(9)

Operational commercial filming permits are permits for commercial filming activity that exceed four consecutive weeks.

(10)

Permit means a permit validly issued by the city that authorizes commercial filming activity.

(11)

Producer means an individual, organization, corporation or any other entity that is ultimately responsible for the filming that is the subject of the application and the permit (where applicable).

(12)

Public property means real property owned by the city or for which the city is a lessee, including, without limitation, parks, streets, sidewalks, other rights-of-way, and buildings. Public property shall not include real property which is being leased by the city to a lessee.

(13)

Traffic control plan means a drawing that is submitted with a request for a sidewalk, lane and or street closure that details the location of the closures, the alternative routes that will be utilized for the detoured vehicular and/or pedestrian traffic, and the mechanisms (including without limitation barricades and signage and the locations thereof) for implementing the closures and alternatives.

(c)

Commercial filming permit administrator. The Community Development Director is hereby appointed as the commercial filming permit administrator. All applications for commercial filming permits shall be submitted to the Community Development Director. The City Manager may appoint one or more city employees to form a committee to review the applications and make recommendations to the Community Development Director. The Community Development Director has authority suspend or revoke any commercial filming permit for failure to strictly follow the requirements of this article.

(d)

Commercial filming permits.

(1)

Administrative commercial filming permits are permits for commercial filming activity not to exceed four consecutive weeks. Applications for administrative permits are reviewed and approved by the Community Development Director; provided however, that the City Manager may require a committee of city employees to review said application and make a recommendation to the Community Development Director to approve or deny such application.

(2)

Operational commercial filming permits are permits for commercial filming activity that exceed four consecutive weeks. Applications for operational permits are reviewed by the Community Development Director and a committee appointed by the City Manager. After reviewing the application for compliance with this article, the Community Development Director shall make a recommendation to the Mayor and City Council to approve or deny such application. All operational filming permits must be approved by the Mayor and City Council in a public meeting.

(e)

Application for commercial filming permits.

(1)

Any person desiring a commercial filming permit under the provisions of this article shall make application on the approved form provided by the city. The form must be signed and accompanied by all required fees, deposits, hold harmless agreement and insurance certificates required by this article before any such permit will be considered for approval.

(2)

Said application shall contain, at a minimum, the following information:

a.

The number of people involved in the activity.

b.

A narrative describing the activities to take place.

c.

A schedule of the activities to take place.

d.

A location map showing the area where the activities will take place.

e.

A narrative describing the anticipated impact on the public at each location, including, but not limited to, the anticipated impact on local businesses, charitable or religious organizations, vehicle and pedestrian traffic.

f.

A narrative describing the vehicles and equipment involved at each location.

g.

A narrative describing any barricades or other obstructions to pedestrian or vehicle traffic that may or will be required at each location, and, if so, a plan showing the location and a description of such barricades or obstructions.

h.

A narrative describing all special effects, including stunts and pyrotechnics to be used at each location, including, but not limited to, simulated explosions, fires, gunfire, vehicle chase scenes and stunts.

i.

A narrative describing the applicant's plan for emergency medical personnel or fire-suppression equipment for its employees and the public in each such location where special effects such as stunts, pyrotechnics, simulated explosions, fires, gunfire, vehicle chase scenes and stunts.

j.

A copy of a safety plan prepared by the applicant to protect the health, safety and welfare of its employees and the public in each such location.

k.

Copies of any licenses or permits issued by the state or federal government for the possession and use of pyrotechnics. Explosive devices or restricted weapons to be used by the applicant, its employees, subcontractors, agents and suppliers.

l.

A narrative describing the anticipated decibel level and duration of noise at each location.

m.

A traffic control plan.

n.

The method of giving notice to the public of the planned commercial filming activity, as required by subsection (f)(1) below.

o.

A written acknowledgement executed by the applicant declaring and acknowledging that any commercial filming permit issued pursuant to such application is not transferable and vests no property rights in the applicant.

p.

Applications may be submitted with a general, rather than a specific, description of the information required in subsections (e)(2)a. through (e)(2)n. above if the anticipated filming will involve multiple locations over a period of time exceeding two consecutive weeks and the specific identification of the such details is impractical at the time of submitting the application. Such applications shall be submitted with a narrative describing the particular logistics and other reasons for being unable to give the specific information required in subsections (e)(2)a. through (e)(2)n. above at the time of submitting the application.

q.

If a commercial filming permit is issued with general descriptions of the information required in subsections (e)(2)a. through (e)(2)n. above instead of specific descriptions, the applicant shall be required to:

i.

Supplement the application with specific information as set forth in subsections (e)(2)a. through (e)(2)n. above to the Community Development Director and the Chief of Police in writing not less than ten business days prior to the date on which such person desires to conduct an activity for which a permit is required for commercial filming purposes, and

ii.

Provide the notice to the public of the planned commercial filming activity, as required by this subsection (e) not less than three business days prior to the date on which such person desires to conduct an activity for which a permit is required for commercial filming purposes by a method approved by the Community Development Director.

r.

A commercial filming permit may be issued with general descriptions of the information required in subsections (e)(2)a. through (e)(2)n. above if the applicant shows good cause for applying for a commercial filming permit with general information.

s.

Failure to provide the specific supplemental information and notices required as set forth in subsection (f)(1) of this article shall be just cause for immediate revocation of the commercial filming permit by the Community Development Director.

(3)

Deadline for filing applications for commercial filming permits.

a.

Applications for administrative commercial filming permits shall be submitted to the Community Development Director at least ten business days prior to the date on which such person desires to conduct the first activity for which a permit is required.

b.

Applications for operational commercial filming permits shall be submitted to the Community Development Director at least ten business days prior to the prior to the deadline for submitting an agenda item to the City Clerk for preparation of the agenda for each meeting of the Mayor and City Council. All operational commercial filming permits must be approved by the Mayor and Council in a public meeting before any commercial filming activity is conducted.

(4)

Operational commercial filming permits shall not exceed six months from the date of the first scheduled commercial filming activity.

(f)

Issuance of permit; conditions.

(1)

The commercial filming permit holder shall give notice of the permitted filming activity to all persons residing, owning property or regularly operating a business or religious institution located directly adjacent to the anticipated location of such activity not less than three business days prior to each permitted filming activity as set forth below.

a.

Said notice shall include the name, telephone number and address of the commercial filming permit holder.

b.

Said notice shall contain a summary description including, at a minimum the following information.

i.

The number of people involved in the activity;

ii.

A description of the activities to take place;

iii.

A schedule of the activities to take place; and

iv.

A description of the area where the activities will take place.

c.

Said notice shall inform the public that any objections and concerns should be set forth in writing and mailed to the Community Development Director who will forward such written objections and concerns to the commercial filming permit holder, with the name and address of the person or persons making such objection/concern redacted.

d.

The notice may be given by mobile illuminated signs, leaflets, mailed notice, by temporary signage in the public right-of-way or any other means designed to effectuate the notice requirements of this subsection. The method of giving such notice shall be subject to the approval of the Community Development Director.

(2)

A permit for commercial filming activity shall be issued as provided for in this article, when, after consideration of the application, the recommendations from staff and any committee appointed by the City Manager, input from the public and private businesses, and information from such other sources as may be otherwise obtained, it is found that:

a.

The conduct of such activity will not unduly interfere with normal traffic or pedestrian movement or endanger public safety and that no streets will be completely closed to traffic for an unreasonable period of time. The permit holder shall submit a street closure request in writing to the Community Development Director and the Director of Public Works not less than five business days advance notice of the date the street is to be closed.

b.

The conduct of such activity will not result in the city incurring costs or expenditures in either money or personnel not reimbursed in advance or otherwise paid by the applicant.

c.

The Chief of Police, or his appointed representative, after investigation, has issued a written determination that he/she has determined that the conduct of such activity will not unduly interfere with normal governmental or city operations, threaten to result in damage or detriment to public property, or result in damage or detriment to public property.

d.

The conduct of such activity will not constitute a fire hazard or any other type of hazard and that all safety precautions will be taken as determined necessary by the Community Development Director and the Chief of Police.

(3)

Any permit issued hereunder is non-transferable.

(4)

Issuance of any commercial filming permit shall not vest any property rights in the applicant.

(5)

Any commercial filming permit issued hereunder is non-transferable.

(g)

Bond, insurance, hold harmless and indemnification .

(1)

As a condition of issuing such a permit, the applicant shall furnish a bond, insurance or both in an amount not less than $500,000.00, to protect the city against claims of third persons for personal injury, wrongful death and property damage and to indemnify the city for damage to city property arising out of the applicant's activities.

(2)

A minimum of $5,000,000.00 of such bond, general liability insurance coverage or both shall be required in the event aircraft, helicopters, pyrotechnics or automobile chase scenes are used in the activity. Such insurance shall be evidenced by the standard general liability special endorsement form mandated by this article. City shall be listed as additional insured and applicant shall have primary coverage.

(3)

The applicant shall execute an indemnity and hold harmless agreement as provided by the city prior to the issuance of any permit that shall hold the city harmless against any claims, liability or judgments arising out of the applicant's activities.

(h)

Suspension or revocation of permit. The Community Development Director and/or the Chief of Police shall have the authority to suspend any commercial filming permit issued hereunder where the terms and conditions of said permit have been violated or ignored, including the timely payment of all required fees and deposits, or suspend any permit where the public health, safety or welfare is endangered by the permitted activity. The City Manager shall schedule a meeting with the permit holder, the Community Development Director (or his/her designee) and the Chief of Police (or his/her designee) within five business days of such suspension to make a final determination on whether such commercial filming permit should be revoked. The City Manager shall have authority to determine whether the commercial filming permit should be revoked or the conditions under which the suspension of the commercial filming permit may be lifted. The revocation of a commercial filming permit by the City Manager is final.

(i)

Fees and costs of additional services. Each application shall be accompanied by the following nonrefundable fees:

(1)

A processing fee in the amount specified in the City Fee Schedule.

(2)

Upon approval of an application for a Commercial Filming Permit, the Community Development Director shall provide the applicant with a statement of the estimated cost of providing public works and other city employees and services for public safety for the production. The applicant shall directly pay off duty police personnel approved by the Chief of Police for traffic control and security. The number of police required for each such activity must be approved by the Chief of Police for such activity. The cost of such city services shall be borne by the applicant and shall be paid to the city prior to the conducting of a production, other than the payment for off duty police officers. The amount of such fees shall be based on the city's actual cost of providing the required number of police and other city employees and services necessary to ensure the safety of both the participants of the production and the community.

(3)

If the actual cost for public services is more than the estimated cost as set forth above, the difference shall become due and payable to the city immediately upon the applicant's receipt of a statement of actual costs by the city.

(4)

All fees may be waived for wholly charitable or educational purposes and from which no profit is derived, either directly or indirectly. Tax-exempt and nonprofit organizations must qualify under section 501(c)(3) of the United States Internal Revenue Code and proof of such status must be provided to the city in order for said fees to be waived by the city.

(j)

Regulations and conditions.

(1)

The applicant shall:

a.

Maintain a copy of the commercial filming permit on site at all times.

b.

Comply with any and all conditions or restrictions the city may impose as a condition to issuing a commercial filming permit. No changes to the conditions or restrictions shall be made without the written approval of the Community Development Director.

c.

Have nonexclusive use of facilities and public right-of-way unless otherwise granted in writing.

d.

Comply with all City of Norcross Ordinances, including, but not limited to, the nuisance, noise control and litter ordinances. See Norcross Code of Ordinances, chapter 26, section 26-1 et seq.

(2)

The Community Development Director may promulgate and enforce additional regulations as necessary and appropriate in the implementation and enforcement of this chapter.

(k)

Filming on private property.

(1)

An applicant is required to obtain the property owner's permission, consent, and/or lease for use of property not owned or controlled by the city. Written permission of the property owner must be presented at time of commercial filming permit application.

(2)

An applicant is required to minimize interference with the normal activities of a neighborhood or commercial area, including access to private or public property.

(l)

Filming at city facilities or on the public right-of-way. In the event that the applicant desires to locate their production event at a facility owned or managed by the city, or on the public right-of-way, the city shall charge a daily fee in an amount determined by the Community Development Director not to exceed $1,000.00 per day. If an existing facility charge has been established by the city at a facility owned or managed by the city, that fee will be charged to the applicant.

(m)

Traffic control. The city retains the right and the authority to regulate traffic and require vehicles to be moved or towed (at the owner's expense) to protect the health, safety and welfare of the community.

(n)

Faithful performance bond; clean up and restoration. To ensure cleanup and restoration of any site on public property or public right-of-way used by applicant within the city limits, said applicant may be required to post a refundable faithful performance bond (in an amount to be determined by the Community Development Director) at the time the application is submitted. Upon completion of the production and upon the finding by the city that the site has been satisfactorily cleaned up and restored, the bond may be returned to the applicant.

(Ord. No. 07-2014, § I, 10-6-2014)