§ 13.30.040. Permit application.

An application for a film-making event permit must be made for each film-making event project (including but not limited to, a motion picture, commercial or documentary) on a form provided by the city and filed with the commissioner. Permits issued for a film-making event may include multiple locations. A location information form must be filed for each location proposed on the permit application. The traffic engineer's approval of locations may provide for the use of city rights-of-way or facilities for periods not to exceed forty-eight consecutive hours for each location or an extension thereof not to exceed and additional forty-eight hours. Request for use or closure of rights-of-way or a city facility for more than 48 consecutive hours or the extension thereof at a particular location shall require a special privilege permit or license as provided for in Chapter 15.08.

A.

Application filing and review. An application shall be filed with the commissioner. No materially incomplete application shall be accepted. Upon receipt of a materially complete application, the commissioner shall timestamp and assign an application number to the project together with a separate location number for each proposed film-making event location. The applicant, or the commissioner on behalf of the applicant, shall then be responsible for obtaining a recommendation for each proposed location from all affected departments as outlined below:

1.

The commissioner shall immediately forward the application to all the departments for which application review is required and shall additionally inform the director of the city development department and council members of any locations proposed within their district. The commissioner or applicant shall work with a pre-designated departmental representative to facilitate timely review. A pre-designated department representative for film-making events permitting shall provide a recommendation for approval, approval with modification, or denial for each proposed location along with applicable departmental comments. A pre-designated department representative shall make every effort to provide a recommendation within one business day.

2.

Review of the application shall be required from the following departments: fire, police, Sun Metro, environmental services, and transportation. Other departments may be requested to review the application, as determined to be appropriate by the commissioner. Review by and approval by the director of aviation or designee shall be required for any proposed filming on City of El Paso airport property. The use of any police or fire facility shall require approval of the police or fire chief respectively. The traffic engineer shall approve all applications. The city manager or designee shall review and approve all applications for the use in or at non-public areas of city facilities. A pre-designated department representative shall provide written acknowledgment of receipt of the application. Any department required or requested to review the application shall make recommendation and provide comments by no later than the close of business on the third City Hall business day, after receipt of the application. Upon completion of distribution to all departments making a review, the applicant or commissioner, as the case may be, shall forward application and department recommendations to the traffic engineer. The traffic engineer shall begin his review on the city business day he receives the application and department recommendations and shall approve or deny the permit as required in Section 13.30.050.

B.

Application content. The application for a film-making event permit shall set forth the following information:

1.

The name, address and telephone number(s) of the person and organization seeking to conduct the event, as well as at least one alternate contact and the contact's telephone number;

2.

The proposed title and description of the project;

3.

The location or locations of the event;

4.

Any additional information requested by the traffic engineer or commissioner reasonably necessary for a fair determination as to whether the permit should be issued.

5.

All information required on the standard application form.

6.

All supplementary documentation required.

7.

Proposed location content. For each proposed location submitted as part of an application, the applicant shall provide the following information:

a.

The physical address or description of the location, and rights-of-way affected by filming, proposed closures or intermittent traffic control and traffic control plan as required by Section 13.30.040.B.9.b.

b.

The dates and times for set-up, filming and tear-down/clean-up.

c.

The number of cast and crew expected to be present for set-up, filming and tear-down/clean-up.

d.

The type of filming action expected to take place at the location.

8.

Any additional information requested on the location information form, or by the traffic engineer or commissioner, reasonably necessary for a fair determination as to whether the location should be approved.

9.

Required supplementary documentation. The applicant shall provide all documentation required under this subsection, unless otherwise stated herein, at the time an application is filed.

a.

Applicant authorization. If the film-making event is designed to be conducted by, and on behalf of or for, any person other than the applicant, the applicant for such permit shall also file a communication in writing from the person proposing to hold the film-making event, authorizing the applicant to apply for the permit on his behalf.

b.

Traffic control plan. For each proposed location on city right-of-way, a traffic control plan showing the proposed location of all barricades, signs and devices to be used for redirecting traffic around the closure area shall be provided by the applicant and shall comply with the following:

i.

The traffic control plan shall provide for the closing of the street to include any intersections and rerouting of traffic, use of appropriate manned barricades, signs, and peace officers who have jurisdiction within the city, and shall also designate on the plan, the location of adequate and appropriate parking areas for filming crews and equipment.

ii.

Such traffic control plan shall be in conformity with the most recent edition of the Texas Manual on Uniform Traffic Control Devices, shall be drawn on a map, and be timely submitted to the traffic engineer pursuant to the requirements set forth herein. In considering the appropriateness of a traffic control plan, the traffic engineer may approve with modification or otherwise incorporate any recommendations made by other predesignated departmental review representatives or department heads, which may require the use of peace officers.

iii.

The traffic control plan shall provide that an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches for emergency vehicle access on all temporarily closed streets be retained. Fire hydrant locations shall be identified and no structure shall be located within 15 feet of any such fire hydrant.

iv.

As part of a submitted traffic control plan, the permittee agrees to be responsible for the following:

a)

Obtaining and placing barricades and signs in conformity with the traffic control plan.

b)

Costs associated with the placement of such barricades and signs.

c)

Costs for city police assistance, traffic control or otherwise, as provided in Section 13.30.100 of this Code if a determination is made by the traffic engineer that police traffic control assistance is also necessary.

d)

To remove all barricades and signs and reopen streets immediately after the film-making event and subsequent tear-down/clean-up has ended.

e)

To pay all parking meter fees for the time utilized.

f)

Ensuring that access to property abutting an event location to be held on a street is not denied.

C.

Certificate of insurance. A certificate of liability insurance naming the city as an additional insured. When applicable, the applicant must provide insurance pursuant to the following conditions and in the following amounts:

1.

Worker's compensation with statutory limits;

2.

Employer's Liability with minimum limits for bodily injury: a) by accident, two hundred fifty thousand dollars each accident, b) by disease, two hundred fifty thousand dollars for each employee with a policy aggregate of five hundred thousand dollars.

3.

Business automobile liability insurance covering owned, hired, and nonowned vehicles, with a minimum combined bodily injury (including death) and property damage limit of five hundred thousand dollars per occurrence and in the aggregate. If filming involves stunts or extended car chases, then the minimum limit of coverage shall be three million dollars per occurrence and in the aggregate.

4.

If the filming involves the use of aircraft then aircraft liability insurance for owned, hired, and nonowned aircraft with a minimum limit of five million dollars per occurrence and in the aggregate.

5.

Commercial general liability insurance including, but not limited to, premises/operations, personal and advertising injury, products/completed operations, independent contractors and contractual liability with minimum combined bodily injury (including death) coverage of two hundred fifty thousand dollars per person and one million dollars in the aggregate, and property damage limits of one million dollars per occurrence and one million dollars in the aggregate. If filming in a city facility or premises, then, minimum limits of one million dollars per occurrence and two million dollars in the aggregate is required. If filming involves use of pyrotechnics, explosives or fireworks, then three million dollars per occurrence and three million dollars in the aggregate is required.

6.

If alcoholic beverages are sold, served, or otherwise made available, then liquor liability insurance with minimum limits of one million dollars for each claim and in the aggregate.

7.

With respect to the above required insurance, all insurance contracts and certificate(s) of insurance shall contain and state in writing, the following required provisions: a) name the city and its officers, employees, and elected representatives as additional insureds; b) state that coverage shall not be cancelled, non-renewed or materially changed except after thirty days' written notice by certified mail to: Film Commissioner, 1 Civic Center Plaza, El Paso, TX 79901; and c) waive subrogation against the City of El Paso, its officers, employees, for bodily injury (including death) property damage or any other loss.

a.

Proof of notice to abutting owners and occupants. A statement from the applicant for a film-making event that every owner or occupant of real property abutting the boundaries of the area in which the film-making event will be conducted has been notified. Notification shall additionally be provided in writing in both English and Spanish to each common address abutting the location. In addition, a statement showing which owners or occupants have given consent for the film-making event, have not consented, or have not responded. Inability to obtain consent from at least seventy-five percent of the affected owners or occupants may be grounds for permit denial or revocation.

b.

Application fees. An application fee for each proposed filming location shall be paid by the person applying for the permit at the time of the filing of the application. The application fee shall be established by the current budget resolution or other appropriate resolution passed by the city council.

(Ord. 15919 § 1, 2004; Ord. 15885 § 5, 2004)

(Ord. No. 17321, § 3, 5-11-2010; Ord. No. 17391, § 12, 8-24-2010, eff. 9-1-2010; Ord. No. 17803, § 4, 6-5-2012, eff. 6-11-2012)