§ 13.30.050. Permit consideration and issuance.

A.

Traffic engineer review. The traffic engineer shall review an application and each proposed event location together with departmental recommendations and comments in order to ensure that the proposed film-making event complies with the provisions of this chapter and is an appropriate use under subsection B. The traffic engineer shall approve, approve with modifications consistent with departmental recommendations, or disapprove an application, or specific event location no later than two city business days after the date he receives the application and departmental recommendations. The traffic engineer's failure to issue an approval, approval with modifications, or disapproval of the application within the time period provided herein shall constitute a denial for purposes of section 13.30.070 of this code. The traffic engineer shall immediately notify the applicant of his determination, and if the application is denied, of the reasons therefore.

B.

Application and event location considerations. The traffic engineer shall consider the following criteria, as may be applicable, to determine whether the applicant's proposals adequately and appropriately address public health, safety and welfare issues and whether police or other city personnel assistance shall be required as part of approval and can be provided:

1.

The expected general flow of traffic upon the street or streets affected at the time proposed for the film-making event;

2.

Whether any owners or occupants of real property abutting the boundaries of the area in which a film-making event will be conducted have not consented to the conduct of the event, and if objections have been filed, whether allowing the event will significantly impair the access to the affected property;

3.

The existence, if any, of alternate routes for public transit vehicles and private vehicles;

4.

Whether the event will significantly affect the city's ability to deliver police, fire and medical emergency services in the vicinity;

5.

The extent, if any, of disruption to the use and enjoyment of residential, business, industrial and governmental facilities located in the vicinity of the proposed event.

6.

Whether and to what extent police or other traffic control assistance reasonably will be required under this subsection, the traffic engineer, upon recommendation of the chief of police or his designees, shall consider such factors as the proposed size, proposed length, potential need to reroute traffic, close streets and control traffic at intersections, anticipated amount of traffic to be controlled, number of intersections involved, as well as the time of day and date of the film-making event.

7.

Prior similar events. The traffic engineer may review records, if any, from prior similar events conducted at or near the proposed site to determine whether there has been a history of traffic control problems, noise or other disruptions associated with the conduct of other events and whether the applicant presently demonstrates the steps to be taken to resolve any prior problems or disruptions.

C.

Mandatory application denial. The traffic engineer shall not approve an application or specific proposed event location, as the case may be, when:

1.

The applicant has not furnished all information and documentation required by Section 13.30.040.

2.

The traffic control plan and submitted maps do not adequately address security and traffic control issues or does not otherwise adequately address the criteria and requirements of this section. However, the traffic engineer may approve a modification of the applicant's submittal when such modification adequately addresses security and traffic control issues.

3.

The film-making event is proposed to be held on any state or federal highway or road and the appropriate governmental agency has not affirmatively authorized the proposed use in writing. However, the traffic engineer may approve a film-making permit application "subject to" approval from the appropriate state or federal governmental agency. In such event, the applicant is not authorized to conduct the film-making event until he receives the approval and provides a copy of the approval to the traffic engineer. Further, the traffic engineer is authorized to submit an application to any federal or state agency to obtain authorization for use of their rights-of-way on behalf of the applicant when such authorization is required and such agency requires that application only be filed by a governmental entity.

4.

The applicant requests a use not permitted under this chapter.

5.

The applicant fails to pay any outstanding fees assessed under this chapter for the application or has failed to pay any outstanding fees for any past event.

6.

The police chief, fire chief, or their designees have determined that the conduct of the film-making event would pose a serious threat to the public health, safety or welfare.

7.

The proposed use conflicts with a permit already granted and filed or with the terms of an ordinance granting a special privilege for the use of the street that has either been introduced or approved by the city council.

8.

A specific location is proposed for use of more than 48 hours and a special privilege permit or license has not been issued.

9.

The director of aviation for the city airport has not approved the specific event location on airport property.

10.

Applicant has failed to meet all requirements of the Federal Aviation Administration for use of aircraft. However, the traffic engineer is authorized to approve subject to receipt of such requirements prior to the event time.

11.

Applicant has failed to obtain required permits for the use of fire, pyrotechnics or explosives at his sole cost. However, the traffic engineer is authorized to approve subject to receipt of such required permits prior to the event time or may authorize the use of the location without the use of pyrotechnics or explosives.

12.

Written approval from the city manager when use of a non-public portion of a city facility has not been obtained.

D.

Permit modifications when abutting owners object. In the event that a permit is issued for any film-making event for which consent has not been given by an owner or occupant of any real property adjacent to the area of closure, the traffic engineer, when issuing the permit, may modify the time or impose additional requirements, such as requiring barricades for lawns or other properties, within the closure area that may assist with the protection or enjoyment of or access to the property of those persons who have indicated their objection to the event.

E.

Estimated costs assessed. At the time that the permit is issued, the traffic engineer shall provide the permittee with a copy of the city's estimate of any required costs assessed to the permittee under this chapter. The permit shall provide that the permittee acknowledges that such estimate is subject to change and promises to pay all amounts due including those in addition to the estimate provided.

F.

Time to clean up. The traffic engineer shall designate in the permit the time period that the applicant shall have for all clean-up and site restoration required under this chapter.

G.

Permittee's agreements in consideration of permit issuance. A permittee receiving a film-making event permit shall, at the time the permittee appears to receive the permit:

1.

Agree in writing to reimburse the city for the cost of city personnel and equipment used to support the film-making activity, as determined by the traffic engineer.

2.

Return any location utilized to its pre-event condition at no cost to the city.

3.

Provide the names and cellular telephone numbers or pager numbers of one or more persons who will be at the scene and in charge of the scene during the film-making event.

H.

The city manager, in approval of any event location utilizing city buildings or facilities not open to the public, may require additional consideration, restrictions, or conditions as necessary under the circumstances.

(Ord. 15919 §§ 2, 3, 2004; Ord. 15885 § 6, 2004)

(Ord. No. 17321, § 4, 5-11-2010)