Explanation
Background: The City of Columbus is a film-friendly location. The City desires to make it easier to film in Columbus as it brings employment opportunities, tourism, hotel occupancy, and general economic development to the community. The Department of Recreation and Parks has implemented an online City permit process for films. The new application platform allows for greater accessibility to City department representatives and the permitting requirements for commercial and non-commercial filming/photography. The Department of Recreation and Parks seek to adopt code to formalize current processes as they have been done in other major cities.
The Department of Recreation and Parks seek to adopt a new Chapter 924- Film Permits to allow administration of film specific permits by the Department of Recreation and Parks.
Principal Parties: N/A
Emergency Justification: N/A
Benefits to the Public: Commercial filming benefits the public by generating local economic growth through job creation, funding public services via permit fees and taxes, boosting regional tourism and supporting small local businesses that supply goods and services.
Community Input/Issues: Input has been gathered from the Columbus Film Commission and industry stakeholders that have obtained permits from the City in the past. There are no known issues.
Area(s) Affected: Public property within all planning areas may benefit from filming.
Master Plan Relation: Improving internal efficiency
Fiscal Impact: N/A
Title
To enact new Chapter 924- Film Permits to establish permitting requirements for commercial and non-commercial filming/photography by the Department of Recreation and Parks. ($0.00)
Body
WHEREAS, The City of Columbus is a film friendly location; and
WHEREAS, The City of Columbus seeks to expand support for the artistic and creative spirit expressed in the visual arts; and
WHEREAS, The City of Columbus recognizes commercial filming brings employment opportunities, tourism, hotel occupancy, and general economic development to the Community; and
WHEREAS, City code changes are required to facilitate a formalized permit processes and establish the authority of the Director of the Recreation and Parks Department over the permitting process; and
WHEREAS, it has become necessary in the usual daily operation of the Department of Recreation and Parks to adopt City code relating to permitting requirements for commercial and non-commercial filming/photography; and NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That Chapter 924 of the Columbus City Codes is hereby enacted to read as follows:
Chapter 924 Film Permits
924.01 Definitions
For purposes of this Chapter, the following definitions shall apply:
(A) “Appeal Team” means: the interdepartmental team comprised of representatives of City departments that participate in review and approval of film permit applications.
(B) “City Property” means: real property owned or leased by the City and/or which is legally under City control.
(C) “Commercial Activity” means: the ordinary activities of trade and commerce where the profit motive is the primary purpose. Commercial Activity does not include sales of materials which are intended to convey information and ideas, or which espouse causes or beliefs protected by the First Amendment of the U.S. Constitution, whether in the form of books, pamphlets, buttons, bumper stickers, t-shirts or the like.
(D) “Department” means: the Department of Recreation and Parks
(E) “Director” means: the Director of the Department of Recreation and Parks, or their designee.
(F) “Film Permit” is an official authorization required to film on city-owned property, public streets, or sidewalks. It ensures that production crews-both independent and commercial-abide by public safety, traffic, and noise regulations while minimizing disruption to local businesses and residents
(G) “Filming Activity” means: the staging, shooting, filming, videotaping, photographing, or other similar process conducted for the making of still photographs, motion pictures, television or video series, pilots, feature films, documentaries, commercials, music videos, infomercials, public service announcements, and the like, whether the final product is intended for commercial use or not.
(H) “Journalist” means a person engaged in, connected with, or employed by, any news media, including a newspaper, magazine, press association, news agency, or wire service, a radio or television station, or a similar media, for the purpose of gathering, processing, transmitting, compiling, editing, or disseminating news for the general public.
(I) “News Coverage” means: Filming Activity done for the purposes of reporting by journalists on persons, events, or scenes for newspapers, television news, and other news media.
(J) “Person” means: any natural person or any legal entity defined as a person in Section 1.59 of the Revised Code and any body politic, except the United States and this state, and includes any agent, trustee, executor, receiver, assignee, or other representative thereof.
(K) “Photography” means: the process of crafting a visual story including, but not limited to, photo shoots.
(L) “Right -of -Way” means: as defined in Columbus City Codes, Section 900.06(b), a general term denoting land, property or the interest therein, usually in the configuration of a strip, acquired for or devoted to transportation purposes. When used in this context, right-of-way includes the roadway, shoulders or berm, ditch and slopes extending to the right-of-way limits under the control of the state or local authority
(M) “Special Weapons Props” means any replica of a weapon, a real weapon, or a real weapon that has been modified to be non-functional, including, but not limited to, firearms, knives, swords, tasers or explosive devices.
(N) “Filming Street Closure” means: the closing of one (1) or more lanes of a public street between one (1) or more intersections for the purpose of a Filming Activity.
924.02 Authority
(A) The Director shall have the authority to promulgate reasonable rules and regulations to carry out the provisions of this chapter, including application requirements and provisions for interdepartmental review.
(B) Every law enforcement officer may enforce the provisions of this chapter as well as rules adopted by the Director pursuant to this chapter.
924.03 Film Permit requirements
(A) The following requirements shall apply to Film Permits:
(1) No person shall conduct Filming Activity within or above City Property or on a public Right-of-Way without first applying for and obtaining a Film Permit from the Department.
(2) No person shall bring about a Filming Street Closure or other closure of public Right-of Way, for the purpose of filming without first closing the public property by the use of barricades meeting the standards set forth by the Director of the Department of Public Service, or their designee.
(3) No permit shall be issued by the Department for Filming Activity requiring a Filming Street Closure, or other closure of public Right-of Way, without the person first obtaining the documented, written approval of the Department of Public Safety and the Department of Public Service.
(4) No Film Permit shall be issued for more than ten (10) consecutive days without prior written permission from the Director, or their designee.
(5) No Film Permit shall be issued allowing for Filming Activity between the hours of 12:01 a.m. and 6:00a.m. without prior written permission from the Director, or their designee.
(6) In addition to the requirements of this Chapter, Filming Activity taking place in city parks and on waters of the city must adhere to the laws set forth in City Code Chapters 919, 921, 923, 1117 and 2323.54, as applicable.
(7) No person shall utilize a drone or other remotely piloted aircraft for the purposes of Filming Activity unless in compliance with FAA requirements.
(8) No person shall utilize pyrotechnics, special effects or open flame without first consulting with and receiving written permission from the Columbus Division of Fire and the Columbus Division of Police.
(9) No Person shall include gunfire, or other Special Weapons Props without first obtaining written permission from the Columbus Division of Police.
(B) Exemptions:
(1) No Film Permit is required for News Coverage when the Filming Activity involves reporting by journalists for the purpose of a live news program, provided it is done in compliance with the standards found in Section 924.04.
(2) Small Crew Exemption. No Film Permit is required for Filming Activity when conducted by a crew of six (6) or fewer individuals, provided that all of the following conditions are met:
(a) The Filming Activity does not impede, obstruct, or interfere with pedestrian, bicycle, or vehicular traffic on any public street, sidewalk, or Right-of-Way;
(b) No temporary structures are erected or installed, including but not limited to tents, canopies, staging, platforms, or scaffolding;
(c) No lighting equipment, generators, or other powered production equipment requiring external power sources are used;
(d) Reasonable handheld camera support, including tripods, monopods, and similar devices, is permitted, provided such devices do not occupy more than the immediate footprint of the operator
and do not obstruct the flow of pedestrian, bicycle, or vehicular traffic;
(e) No Special Weapons Props, pyrotechnics, special effects, or open flame are used;
(f) No exclusive use of City Property or public Right-of-Way is claimed or asserted; and
(g) No City services, including but not limited to police, fire, or barricades, are requested or required.
(3) Nothing in this division shall be construed to exempt Filming Activity from other applicable provisions of this Chapter, including Section 924.03(A)(6) through (A)(9), where applicable.
924.04 Standards for issuance of a Film Permit
The Director may issue a Film Permit when, from the consideration of the application and from other information as may otherwise be obtained, it appears that:
(A) The Filming Activity will not substantially interrupt the safe and orderly movement of other pedestrian or vehicular traffic in or contiguous to the location of the Filming Activity.
(B) The concentration of persons, animals, equipment, and/or vehicles during filming will not interfere unduly with proper fire and police protection of, or ambulance service to, areas contiguous to the assembly area or other areas of the City.
(C). The Filming Activity will not result in noise at a level inappropriate to the area surrounding the area.
(D) The applicant has secured the police officers and fire personnel required under Section 924.06 and prepaid the expense therefor.
(E) The Filming Activity will not interfere with previously scheduled activities or events, or with scheduled maintenance or repair work on the streets or thoroughfares requested to be used or closed.
(F) The applicant has met the requirements of all relevant applications and paid the required fees.
(G) The applicant has executed the indemnity agreement required under Section 924.05
924.05 Indemnification and hold harmless agreement
The applicant for a Film Permit shall agree in writing to indemnify and hold the City of Columbus, its officers, directors, employees, agents, boards, and commissions, harmless from liability and defend it against claims of injury or damage to persons or property arising from the issuance of the Film Permit and from the intentional, reckless, or negligent acts or conduct of the applicant or participants.
924.06 Division of fire and division of police personnel
In reviewing the application for a Film Permit, the Director of the Department of Public Safety shall determine if personnel from the Division of Fire and/or the Division of Police are necessary for the safe conduct and operation of the filming. In making the determination, the Director of the Department of Public Safety shall consider the time, date, location(s), duration, complexity of the production, the likelihood of fires or explosions from planned use of pyrotechnics, flame effects and special effects during the filming; the need for emergency and medical services; the anticipated number in attendance at the area by both participants and observers; and the ability of the Division of Fire and Division of Police to respond to a call for service from a location outside of the production footprint.
If the Director of the Department of Public safety determines that Division of Fire and/or Division of Police personnel are necessary for the safe conduct and operation of filming, then the applicant for the Film Permit shall be informed of the necessary number of Division of Fire and Division of Police personnel and the cost to secure same. The Director of the Department of Public Safety’s decision regarding the necessary number of Division of Fire and/or Division of Police personnel required for filming shall be final.
924.07 Clean-up costs and city services
The applicant shall provide for the collection and removal of all trash, garbage, and litter caused by or arising out of the issuance of a Film Permit. A service fee may be assessed for any clean-up costs incurred by the city as a result of the Film Permit.
924.08 Notice of disapproval of application for a permit
If the Director disapproves of an application, the Director shall make a reasonable effort to notify the applicant of the reason for disapproval by phone, email, or regular mail, within twenty-four (24) hours of the disapproval.
924.09 Appeal of permit disapproval
(A) If a Film Permit application is disapproved, the applicant may appeal to the Appeal Team.
(B) The applicant must provide written notification that it intends to appeal disapproval to the Director no later than (7) business days after the applicant is notified that the application was disapproved.
(C) The Appeal Team shall act on the appeal within (7) business days and may uphold, modify, or reverse the denial.
(D) In considering the appeal, the Appeal Team shall apply the criteria provided for in Sections 924.03 and 924.04.
924.10 Severability
The provisions of this chapter shall be deemed severable; and, if any such provision shall be held unconstitutional by a court of competent jurisdiction, the decision of such court shall not impair any of the remaining provisions.
924.99 Violations-Penalties
(A) Whoever recklessly violates Section 924.03 (A) is guilty of conducting Filming Activity without a permit, a misdemeanor of the fourth degree.
(B) Whoever recklessly violates Section 924.03 (B) is guilty of conducting Filming Activity without proper barricades, a misdemeanor of the fourth degree.
(C) Whoever knowingly violates any term or condition stated in the Film Permit issued to that person is guilty of a fourth degree misdemeanor.
(D) Organizational criminal liability as provided for in Section 2301.23 applies.
SECTION 2. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.