§ 14-6-4. TEMPORARY STREET CLOSURE FOR FILM-MAKING ACTIVITY.

(A)

In this section:

(1)

ARTERIAL STREET has the meaning prescribed in Section 8 of the City's Transportation Criteria Manual.

(2)

COMMERCIAL FILM-MAKING ACTIVITY means the temporary closure or use of a public street or sidewalk by a person other than a student to film, photograph, or prepare to film or photograph.

(3)

MOBILE FILM-MAKING ACTIVITY means the temporary use of a public street or sidewalk to film, photograph, or prepare to film or photograph using a hand-held camera, camera supported by a tripod, or camera truck.

(4)

STUDENT FILM-MAKING ACTIVITY means the temporary use of a public street or sidewalk by a person enrolled in a class at an educational institution approved by the director to film, photograph, or prepare to film or photograph.

(5)

TEMPORARY CLOSURE or USE means to occupy a public right-of-way, including a street or sidewalk, in a manner that interferes with the public's ability to access or use the area.

(B)

A person must apply to the director for a permit to temporarily close or use a public street for a commercial, mobile, or student film-making activity on a form furnished by the department.

(C)

An applicant must submit an application not later than:

(1)

the third business day before the date of the requested temporary closure or use for a commercial film-making activity; or

(2)

the second business day before the date of the requested temporary use for a mobile or student film-making activity.

(D)

Except as provided in Subsection (E), at the director's discretion, the director may accept a late-filed application on or before the business day before the requested closure for a commercial, mobile, or student film-making activity.

(E)

The director may not accept an application for the closure of an arterial street later than the second business day before the date of the proposed closure.

(F)

The director may approve an application for a permit under this section for an applicant engaged in a commercial film-making activity who:

(1)

employs one or more City peace officers for traffic and crowd control, as determined by the police chief;

(2)

obtains any other permits required to perform the film-making activity;

(3)

contacts each property owner, resident, and, if applicable, property manager of property fronting on a block of the street or sidewalk to be temporarily closed or used before the date an application is filed and submits the following:

(a)

a signature from each affected property owner, resident, and property manager indicating whether the person agrees to or opposes the temporary closure or use; or

(b)

a statement that an in-person contact attempt with the non-signing person has been made including placement of door hangers provided by the department;

(4)

provides a certificate of liability insurance naming the City as an additional insured in the amount and type of coverage determined by the city manager;

(5)

provides a map of the proposed right-of-way to be used in the commercial film-making activity, including the area used to stage the activity;

(6)

agrees to pay a fee or penalty established by ordinance for non-compliance with the terms of the permit; and

(7)

agrees to reimburse the City for the cost of City personnel and equipment used to support the film-making activity, as determined by the director of each affected department.

(G)

The director may approve an application for a permit under this section for an applicant engaged in a mobile film-making activity who:

(1)

employs one or more City peace officers, as determined by the police chief, to control traffic during the temporary use of a public street or sidewalk during a film-making activity;

(2)

obtains all other permits required to perform the film-making activity;

(3)

if required by the director, contacts each property owner, resident, and, if applicable, property manager of property fronting on a block of the street or sidewalk to be temporarily used before the date an application is filed and submits the following:

(a)

a signature from each affected property owner, resident, and property manager indicating whether the person agrees to or opposes the temporary use; or

(b)

a statement that an in-person contact attempt with the non-signing person has been made including placement of door hangers provided by the department;

(4)

provides a certificate of liability insurance naming the City as an additional insured in the amount and type of coverage determined by the city manager;

(5)

agrees to pay a fee or penalty established by ordinance for non-compliance with the terms of the permit;

(6)

provides a map of the proposed public route and area used in the mobile film-making activity, including the location used to stage the activity; and

(7)

certifies that the mobile film-making activity will not interfere with public use of a street or sidewalk for a period that exceeds 15 minutes.

(H)

The director may approve an application for a permit under this section for an applicant engaged in a student film-making activity who:

(1)

employs one or more City peace officers, as determined by the police chief, to control traffic during the temporary use of a public street or sidewalk during a film-making activity;

(2)

obtains all other permits required to perform the film-making activity;

(3)

contacts each property owner, resident, and, if applicable, property manager of property fronting on a block of the street or sidewalk to be temporarily used before the date an application is filed and submits the following:

(a)

a signature from each affected property owner, resident, and property manager indicating whether the person agrees to or opposes the temporary use; or

(b)

a statement that an in-person contact attempt with the non-signing person has been made including placement of door hangers provided by the department;

(4)

provides a certificate of liability insurance naming the City as an additional insured in the amount and type of coverage determined by the city manager;

(5)

agrees to pay a fee or penalty established by ordinance for non-compliance with the terms of the permit; and

(6)

certifies that the student film-making activity will not interfere with public use of a street or sidewalk.

(I)

The director may authorize an applicant's request to delay a temporary street closure or use under a permit issued under this section, if the applicant agrees to:

(1)

contact each individual listed under Subsection (F)(3), (G)(3), or (H)(3) in person or by telephone; and

(2)

advise each individual of the change in schedule at least 24 hours before the date of the delayed closure.

(J)

A person commits an offense if the person violates the terms of a permit issued under this section, closes a street without a permit, or violates a provision of this section or a permit. An offense under this section is a Class C misdemeanor punishable by a fine of up to $500. Each day or part of a day during which non-compliance occurs constitutes a separate violation. A culpable mental state is not necessary to commit an offense under this section.

(K)

The director may suspend a permit issued under this section for a period not to exceed four days if a permittee violates the terms of the permit. The director may not reinstate the permit until the permittee has provided written notice of the methods to be used to correct the violation. The remedies authorized by this section are cumulative.

Source: 1992 Code Section 15-2-4; Ord. 031204-12; Ord. 031211-11; Ord. 050127-41.