AN ORDINANCE ENACTING A NEW CHAPTER 20 TO TITLE 3, BOISE CITY CODE, ENTITLED, “FILM PERMITS”; SETTING FORTH THE LEGAL AUTHORITY, PURPOSE, AND SCOPE OF THIS ORDINANCE; PROVIDING THAT THE GENERAL LICENSING PROVISIONS ARE APPLICABLE; DEFINING TERMS; SETTING FORTH CIRCUMSTANCES WHEN A FILM PERMIT IS REQUIRED, TIERS OF IMPACT, PROHIBITION OF FILMING WITHOUT NECESSARY PERMIT; AND EXEMPTIONS FROM PERMIT REQUIREMENTS; PROVIDING APPLICATION STANDARDS AND REQUIREMENTS, ON-GOING DUTY, TIMING, FEES AND BOND, AND PERMIT TERM AND NONTRANSFERABILITY OF PERMIT; SETTING FORTH PERMIT ADMINISTRATION, APPLICATION REVIEW, AND CONDITIONS, AND PERMIT CHANGES; PROVIDING FOR A CODE OF CONDUCT; SETTING FORTH LIABILITY PROVISIONS; PROVIDING PERMIT DENIAL, SUSPENSION, REVOCATION AND REVIEW PROCEDURES AND REASONS; PROVIDING FOR CRIMINAL VIOLATIONS AND PENALTIES; APPROVING A SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, there is growing interest and use of public spaces within the city of Boise City (“CITY”) for filming activities used in movies, television, commercials, music videos, and other film projects by local and out-of-state companies and individuals; and
WHEREAS, a lack of regulation and film permitting system has led to some past film projects negatively impacting City residents and significantly using public resources; and
WHEREAS, the City staff has met with local film industry stakeholders to seek input and feedback on this ordinance; and
WHEREAS, cities with vibrant film industries enjoy commercial development and growth in their economies in other sectors collateral to the film industry, and the City thus desires to grow the film industry activities within its jurisdiction; and
WHEREAS, the provisions of this ordinance strive to strike a balance between encouraging the growth of the film industry in the City while protecting the property interests of the City, its residents, and businesses and safeguarding the public’s health, safety, and welfare.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE CITY, IDAHO:
Section 1. That existing Boise City Code Title 3 shall be, and hereby is, amended to add a new Chapter 20, entitled “Film Permits,” and to read as follows:
Chapter 20
FILM PERMITS
3-20-1: LEGAL AUTHORITY:
3-20-2: PURPOSE:
3-20-3: SCOPE:
3-20-4: GENERAL LICENSING PROVISIONS APPLICABLE:
3-20-5: DEFINITIONS:
3-20-6: PERMIT REQUIRED; TIERS OF IMPACT; PROHIBITION; EXEMPTIONS:
3-20-7: APPLICATION STANDARDS AND REQUIREMENTS FOR VARIOUS PERMIT TYPES; ONGOING DUTY; TIMING; FEES AND BOND; TERM; NONTRANSFERABILITY:
3-20-8: ADMINISTRATION; APPLICATION REVIEW AND CONDITIONS; PERMIT CHANGES:
3-20-9: CODE OF CONDUCT:
3-20-10: LIABILITY PROVISIONS:
3-20-11: PERMIT DENIAL, SUSPENSION, REVOCATION, REVIEW PROCEDURES, AND REASONS:
3-20-12: VIOLATION; PENALTY:
3-20-1: LEGAL AUTHORITY:
Idaho Code sections 50-301, 50-307, and 50-314 authorize the city of Boise City, Idaho ("City") to regulate occupations and businesses and to regulate and control traffic, encroachments, and obstructions on streets, public places, and sidewalks within the City.
3-20-2: PURPOSE:
There is a growing interest in producing films, television programs, commercials, music videos, and other film projects within the City’s jurisdiction. Some of these film projects have impacted the residents of the City and required significant use of City resources. The provisions set forth in this chapter govern individuals and film companies to conduct filming activities in our community. The rules and regulations herein are intended to encourage commercial activity and economic development while protecting the property rights of the City, its residents, and businesses and safeguarding the public’s health, safety, and welfare.
3-20-3: SCOPE:
This chapter sets forth the minimum standards, requirements, and procedures applicable to filming activities in the City that impact the residents and requires the use of City resources.
3-20-4: GENERAL LICENSING PROVISIONS APPLICABLE:
To the extent they are not inconsistent with this chapter, all the provisions, definitions, paragraphs, and sections set forth in chapter 1, article A of this title are hereby adopted and incorporated by reference as if fully set forth in this chapter.
3-20-5: DEFINITIONS:
For the purposes of this chapter, the following terms, phrases, words, and derivations shall have the meanings given herein and Chapter 1, Article A of this title. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Words used throughout this chapter shall have their plain, ordinary, and common meanings. Words in any gender shall apply to the feminine, masculine, and neuter genders.
CHARITABLE FILMS: All commercials, motion pictures, television programs, digital media, or still photography produced by a non-profit organization, which is registered under Section 501(c)(3) of the Internal Revenue Code as a charitable organization. No person, directly or indirectly, shall receive a profit from the film's marketing and production or from showing the films, tapes, or photos.
CITY PROPERTY (OR CITY PUBLIC PROPERTY): Land, buildings, or other structures owned by, operated by, leased to, managed, or maintained by City, including but not limited to, City Hall, City Hall West, parks and recreation managed spaces (e.g., parks, zoo, Boise Train Depot, foothills open spaces, pools, golf courses, recreation centers, Grove Plaza, Eighth Street between Main and Bannock Streets) libraries, airport, fire stations, police stations, water renewal plants. The streets and sidewalks in the City are not included as they are generally owned and operated by the Ada County Highway District.
CONTEST FILM: A film that is under thirty (30) minutes in length that was specifically created as part of a contest that stipulates full production of the film within a limited time frame and may impose other specifications (e.g., genre, prop, dialogue line, etc.). Film festivals are not contests for purposes of this definition.
FILMING (“FILMING ACTIVITIES”): The staging, shooting, filming, videotaping, photographing, or other similar acts conducted to make still photographs, motion pictures, television programs, music videos, documentaries, independent filmmaking, commercials, and non-theatrical film productions.
LOCALLY-BASED: An individual whose primary permanent residence is located within the state of Idaho or a corporation, limited liability corporation, partnership, or limited liability partnership that was formed in the state of Idaho and maintains an active registration with the Idaho Secretary of State.
NEWS MEDIA: The filming activities conducted for the purpose of reporting on current or breaking stories involving persons, events, or scenes by newspapers, television, or other outlets that are devoted solely or primarily to the broadcasting or distribution of information about current events.
OPEN FLAME: Any fire or burning occurring indoors or outdoors that would be prohibited or require a fire permit under the version of the International Fire Code as currently adopted by the City.
PERSONAL FILM: A film, videotaping, or other digital recordings for private or family use, including but not limited to family event videos and recording of security footage.
PRODUCER (OR PRODUCTION COMPANY): An individual, group, organization, corporation, or any other entity responsible for the permitted filming activity in the City.
PUBLIC PROPERTY: Any property owned by, operated by, leased to, managed, or maintained by the City, the Capital City Development Company (“CCDC”), the Ada County Highway District (“ACHD”), the Idaho Transportation Department (“ITD”), Ada County, the state of Idaho, or some other public entity.
RESIDENCE: Any single-family home, mobile home, trailer, multi-family housing unit, apartment, condominium, dormitory, or any other structure wherein persons are legally permitted to reside.
SPECIAL EVENTS TEAM (OR "SET"): The committee delegated responsibility to review each application for a special event permit as set forth in Boise City Code Title 3, Chapter 17.
STILL PHOTOGRAPHY: Promotional, reference, and archival photographs taken in conjunction with the filming of movie or television productions, which may be taken on or off set.
STUDENT FILM: Any filming activity conducted by a student to fulfill a course requirement at a public or private school, college, or university. Student filmmakers must supply proof that they are currently enrolled in school and film is a course requirement upon request by the City Clerk.
STUDIO: A fixed place of business where filming activities are regularly conducted upon such premises.
3-20-6: PERMIT REQUIRED; TIERS OF IMPACT; PROHIBITION; EXEMPTIONS:
A. A film permit is required for any filming activities if filming:
1. Takes place on City property and:
a. Would require reservation of that space because of the filming activities use thereof (e.g., library rooms, park properties, City Hall Plaza, etc.);
b. Would require entry after regular business hours for that property when the public is not allowed access; or
c. Would be disruptive to the normal function or City business conducted on that property; or
2. Takes place on private property or public property, and one or more of the following elements of impact exists as a result of the filming activities:
a. Will be filming outdoors between the hours of 10:00 p.m. and 8:00 a.m. Mountain Standard Time and within a three hundred-foot (300’) radius of a residence, with a combined crew and cast of more than five (5) people;
b. Will significantly disrupt the normal flow of pedestrian traffic or will close a sidewalk or other pedestrian rights-of-way;
c. Will brandish real or artificial firearms, grenades, swords, or other weaponry in public or on private property visible to the public;
d. Will disrupt the normal flow of vehicular traffic or will close a public street or other vehicular public rights-of-way;
d. Will use pyrotechnics or other explosives, smoke effects, water effect, open flames, or other potentially dangerous instrumentalities;
e. Will involve vehicle chases or vehicle crashes;
f. Will involve dangerous stunts that have a reasonable likelihood of causing substantial personal injury;
g. Will use equipment that includes noise as defined and regulated by the City’s noise ordinance provisions of this Code;
h. Will use any animal capable of inflicting serious harm upon human beings, or is an animal whose possession or sale is prohibited under federal, state, or local code;
i. Will erect stage, facades, or other large props;
j. Will simulate sexual encounters or nudity in public or on private property visible to the public.
B. Tiers of Impact: Except as otherwise provided in this chapter, film permits shall be issued and require application timelines and fees commensurate to the level of filming activities based on the tier of impact. The film permit tiers of impact are as follows:
1. Low Impact: filming activities on City public property that require a film permit, but no other element of impact included in the filming activities.
2. Medium Impact: filming activities that include elements of impact a, b, c, or j.
3. High Impact: filming activities that include elements of impact d through i.
C. Exemptions: The following filming activities may be conducted without a film permit, provided that such activities do not fall within the medium or high tiers of impact:
1. Filming activities conducted at a studio;
2. Personal films not for commercial uses;
3. Still photography;
4. Filming activities for the purposes of news media;
5. Filming activities for use in a criminal investigation or civil or criminal court proceedings;
6. Filming activities conducted by or for the City or other governmental agencies;
7. Filming activities conducted for charitable films;
8. Filming activities for student films; and
9. Filming activities for contest films.
Though a film permit may not be required, it does not eliminate the requirement to schedule or reserve the use of certain City properties or retain permits from third-party agencies.
D. Filming Without Necessary Permit Prohibited: No person who, under the provisions of this chapter, is required to obtain a film permit shall commence filming activities within the City without first obtaining such a permit from the City Clerk’s Office.
3-20-7: APPLICATION STANDARDS AND REQUIREMENTS FOR VARIOUS PERMIT TYPES; ONGOING DUTY; TIMING; FEES AND BOND; TERM; NONTRANSFERABILITY:
A. Permit Application Manner, Form: Any person who desires to engage in filming activities that require a film permit as set forth in this chapter shall apply to the City Clerk’s Office on such a form and manner as may be prescribed. The form must be fully completed, signed, and accompanied by the required fees, surety bond (if required), a hold harmless agreement, and insurance certificates before it will be processed.
B. Application Requirements: In addition to the minimum requirements set forth in chapter 1, article A of this title, all film permit applications, except for annual low impact permit and contest film permit applications as set forth below, shall include the following information:
1. The name, physical address, phone number, and email address of the film’s producer and the production company producing the proposed filming activities;
2. The working title of the filming project and type of production;
3. The name, physical address, cellular phone number, and email address of the person in charge of the proposed filming activity;
4. The name, physical address, cellular phone number, and email address of the person in charge of the proposed filming activity on-site;
5. The number of personnel to be involved, including but not limited to the crew, cast, models, and extras;
6. The proposed dates, hours, and locations of the filming;
7. A general statement of the character or nature of the proposed filming activities, including a detailed description of any potentially disruptive activities;
8. A list of major equipment to be used, including but not limited to trucks, buses, trailers, limousines, honey wagons, generators, booms and cranes, and cameras;
9. A statement regarding the use of moving vehicles (including watercraft and aircraft), firearms, open flames, animals, stunts, pyrotechnics, or any other hazardous activity;
10. A staging plan illustrating the placement of all sets, props, and equipment, including generators, cameras, booms and cranes, honey wagons, etc.;
11. A proposed parking plan and base camp location;
12. A street plan including all proposed street or public rights-of-way closures, if applicable;
13. A proposed sound amplification plan, if applicable;
14. A plan for proposed crowd control and first aid/medical support;
15. A plan for cleanup and closeout of all locations used for filming; and
16. Any additional information that the City Clerk may reasonably require.
C. Annual Low Impact Film Permit Applications: Any locally-based person conducting only low-impact filming may apply for an annual license from the City Clerk’s Office for such activities in lieu of obtaining numerous low-impact tier film permits. All annual low-impact film permits applications shall include the application information set forth in chapter 1, article A of this title, and additional information that the City Clerk’s Office may reasonably require. Any filming activities by an annual low-impact film permittee that is medium or high impact would require separate permit applications for each such activity.
D. Contest Film Permit Applications: Persons participating in film contests that have a time restriction of seventy-two (72) hours or less to write, pre-produce, cast, shoot, edit, and submit their content may apply for a contest film permit in lieu of other film permits outlined in this chapter. Contest film permits shall have an application and special limitations as promulgated by the City Clerk’s Office subject to the approval by resolution of the City Council.
E. On-going Duty to Update: Every applicant and permittee shall have an ongoing affirmative duty to update all information provided on the permit application in the event such information becomes outdated, untrue, or otherwise incorrect as reasonably soon after the applicant or permittee becomes aware of such change.
F. Impact Tiered Application Timing: All low, medium, and high impact filming permit applications shall be filed with the City Clerk’s Office within the minimum timing requirements as follows:
1. Low impact filming: Complete permit application due no later than three (3) business days in advance of the proposed filming activities.
2. Medium impact filming: Complete permit application due no later than five (5) business days in advance of the proposed filming activities.
3. High impact filming: Complete permit application due no later than five (5) business days in advance of the proposed filming activities, though complex shoots may require more time to obtain the City Clerk and other agencies’ approval.
G. Fees and Surety Bond: All required fees and surety bond shall accompany each permit application if such bond is required. The fees for filming activities shall be established by the City Council and listed on the City’s most current master fine and fee schedule.
1. The following fees may be required with a permit application, as applicable to the proposed filming activities:
a. Application processing fee: Permit application fees based on type and tier of permit shall be charged in an amount established by the City Council and listed on the City’s most current master fines and fees schedule. The permit application processing fee is nonrefundable.
b. City property use fee: A daily use fee may be charged for any use of City property during filming activities, in an amount established by the City Council and listed on the City’s most current master fines and fees schedule.
c. Street Closure or Impediment of Traffic fee: If an applicant’s proposed filming activities require the closure or impediment of traffic upon public streets, the applicant shall pay the Citizen Use Permit Fee as set forth in Title 3, Chapter 17 of this Code, to cover the cost of City staff time required to evaluate, process, and enforce the Citizen Use Permit to allow for street closure or impediment to street traffic for filming activities.
d. City Personnel fee: If an applicant’s proposed filming activities require the assistance of City personnel, the applicant shall pay a billable labor rate established by the City Council and listed on the City’s most current master fines and fees schedule.
e. Parking fees: If an applicant’s proposed filming activities require public parking, the applicant shall pay for the appropriate parking fees (e.g., parking meter permits, meter hoods, etc.) as set forth in Title 6, Chapter 10, Article B of this Code.
f. Other fees: Any other City fees applicable to the proposed filming activities established by the City Council and listed on the City’s most current master fines and fees schedule.
H. Permit Term; Permit Nontransferable: Film permits, except annual low-impact film permits, are issued specifically to a single filming project. An issued permit shall be valid for the period of time specified within the permit.
1. All annual low-impact film permits shall terminate at midnight on January 31st each year. Renewal of annual low-impact film permits shall follow the permit renewal application process set forth in chapter 1, article A of this title and this chapter.
2. Nontransferable: All film permits issued under this chapter are nontransferable.
3. “Rainy Day” Accommodations: Permittees may apply to the City Clerk’s Office to adjust a permit’s term or conditions due to weather conditions no less than twenty-four (24) hours before proposed rescheduled filming activities would occur. The City Clerk’s Office shall endeavor to accommodate such requests within reason and the availability of public properties.
3-20-8: ADMINISTRATION; APPLICATION REVIEW AND CONDITIONS; PERMIT CHANGES:
A. Administration: The City Clerk's Office shall be responsible for administering the provisions of this chapter.
B. Review of Permit Applications: The City Clerk shall review all film permit applications and may impose conditions upon any issued permits. If a permit application includes significant or multiple elements of impact, the City Clerk, in their sole discretion, may require the applicant to appear before the Special Events Team to assist and coordinate all requirements for the issuance of a film permit.
C. Change of Permit Dates or Conditions: No less than three (3) business days prior to the proposed starting date of filming activities, the applicant may request in writing to the City Clerk to change the dates or proposed activities under a film permit, provided that the requirements of this chapter are met, and the City Clerk can undertake all necessary administrative review within that timeframe.
3-20-9: CODE OF CONDUCT:
In addition to the regulations and rules set forth in this chapter, the City Clerk shall promulgate a code of conduct for film permits. The code of conduct shall be consistent with the provisions of this code and subject to City Council approval by resolution. A current version of the adopted film permit code of conduct shall be kept on file in the City Clerk’s Office and available upon request. All permittees shall follow the code of conduct in addition to the provisions within this chapter while conducting filming activities within the City’s jurisdiction.
3-20-10: LIABILITY PROVISIONS:
A. Minimum Insurance Requirements: Pursuant to this chapter, every permittee, at their sole expense, shall be continuously insured and shall carry all the following types of insurance at the permittee’s sole expense, issued by an insurance carrier duly authorized to do business in the State of Idaho:
1. Commercial general liability insurance with minimum limits not less than one million dollars ($1,000,000) for each occurrence and two million dollars ($2,000,000) general aggregate for bodily injury and property damage, including contractual liability, personal injury, products, and completed operations;
2. Workers' compensation as prescribed by law in the required statutory amounts;
3. Commercial automobile liability insurance with limits not less than one million dollars ($1,000,000.00) each occurrence, "combined single limit" for bodily injury and property damage, including owned, non-owned, and hired auto coverage, as applicable; and
4. Additional liability coverage and other requirements for special circumstances, including but not limited to the use of helicopters, watercraft, pyrotechnics, or hazardous activities (e.g., dangerous stunts, car chases, car crashes, firearm use, etc.) at the discretion of the City Clerk.
B. Proof Of Insurance: Every permit applicant shall tender to the City Clerk's Office the certificates of insurance certifying that insurance of the types and in the amounts required by this chapter are in full force and effect at all times. All insurers must have a rating comparable to A, VIII or higher and shall be authorized to do business in the State of Idaho. The certificates shall list the City separately as an additional insured, except with respect to workers’ compensation insurance. Said certificates of insurance shall specify as the certificate holder the City of Boise, P.O. Box 500, 150 N. Capitol Blvd., Boise, Idaho 83701-0500.
C. Surety Bond: To ensure cleanup and restoration of the filming location and any public property involved in the filming, the permittee may be required to post a refundable performance bond, cash surety, or other comparable forms of security guarantee in an amount to be determined by the City Clerk at the time the application is submitted. Upon completion of filming, cleanup, and restoration of the filming location and public property involved in the filming to the satisfaction of the City Clerk, the bond, guarantee, or security will be returned to the permittee.
D. Hold Harmless Agreement: An applicant shall execute a written hold harmless agreement as provided by the City Clerk’s Office prior to the issuance of a permit under this chapter.
3-20-11: PERMIT DENIAL, SUSPENSION, REVOCATION, REVIEW PROCEDURES, AND REASONS:
A. Procedures: Except as otherwise provided herein, the procedures for denial, suspension, revocation, and review of a film permit shall be as set forth in chapter 1, article A of this title.
B. Permit Denial, Suspension, or Revocation: In addition to the reasons for a permit application or renewal denial, suspension, or revocation as set forth in chapter 1, article A of this title, or elsewhere in this chapter, the City Clerk may deny an application for a film permit or renewal thereof, or suspend or revoke an issued permit for the following reasons:
1. The proposed filming activities will unnecessarily disrupt traffic within the City beyond practical solution;
2. The proposed filming activities will cause undue hardship to the adjacent businesses or residents;
3. The proposed filming activities will substantially interfere with street maintenance, or previously authorized activities, contracts, or work permits;
4. The proposed filming activities will substantially disrupt municipal functions, public services, or scheduled maintenance of public properties;
5. The proposed filming activities will interfere with access to fire stations, fire hydrants, or the operation of emergency service vehicles to the locations used for filming;
6. The proposed filming activities would violate federal, state, or local law;
7. The permit applicant owes the City an outstanding debt related to a past film project; or
8. The permit applicant previously violated the provisions of this chapter on a past film permit.
A second or subsequent suspension within a permit’s term may be deemed a revocation.
3-20-12: VIOLATION; PENALTY:
Violation of any of the provisions of this chapter may result in either the suspension or revocation of the film permit pursuant to the provisions of this chapter and chapter 1, article A of this title.
In addition to any action on the permit, violation of any of the provisions of this chapter, or the failure or omission to perform any duty imposed by the provisions of this chapter is hereby declared unlawful and punishable as a general misdemeanor, subject to penalty as provided in section 1-4-1 of this Code.
Section 2. That this Ordinance shall be in effect upon the effective date of January 1, 2023, after the Ordinance’s passage, approval, and publication.