CHAPTER 20
FILM PERMITS

SECTION:

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; Exemptions; Exempt Filming Requirements; Tiers Of Impact; Prohibition

3-20-7: Application Standards And Requirements For Various Permit Types; On-Going 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, And 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. Though the Ada County Highway District ("ACHD") generally owns and operates the streets and sidewalks within the City's boundaries, the City and ACHD entered into a master license agreement authorizing the City to regulate and control the placement of fixtures, furniture, and other uses upon the sidewalks within the greater downtown area. (Ord. 44-23, 12-19-2023, eff. 11-1-2024)

3-20-2: PURPOSE:

There is a growing interest in and use of public spaces within the City to produce films, television programs, commercials, music videos, and other film projects. City leadership recognizes a growing local interest in filmmaking and desires to foster this industry. The City believes the film industry could develop into a vital commercial activity within the City's economy. A lack of a local or state film commission and film permitting scheme has made it more difficult for out-of-state film projects to come and navigate filming in the City. Some past 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 property rights and safeguarding the public's health, safety, and welfare, and providing data for the City to better understand the needs and impact of this industry. (Ord. 44-23, 12-19-2023, eff. 11-1-2024)

3-20-3: SCOPE:

This chapter sets forth the minimum standards, requirements, and procedures applicable to filming activity in the City that impacts residents and requires the use of City resources. (Ord. 44-23, 12-19-2023, eff. 11-1-2024)

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. (Ord. 44-23, 12-19-2023, eff. 11-1-2024)

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.

BRANDISH:	To draw and exhibit in a threatening manner or to point or aim at another person a real or artificial firearm, sword, or other weapon in public or on private property visible to the public.
CHARITABLE FILM:	All commercials, motion pictures, television programs, digital media, or still photography produced by or on behalf of a non-profit organization that is registered under Section 501(c)(3) of the Internal Revenue Code as a charitable organization.
CITY PROPERTY (OR "CITY PUBLIC PROPERTY"):	Land, buildings, or other structures owned by, operated by, leased to, managed, or maintained by the 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. This term is a subcategory under the term "public property."
COMMERCIAL FILMING:	The recording by film, video, digital, or other technology for a market audience with the intent of generating income.
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.).
EXTRAORDINARY CITY RESOURCES:	City personnel, equipment, or other resources (including but not limited to, traffic control, emergency medical services, fire suppression, erection of barriers, essential maintenance of public facilities, etc.) that would not, in the absence of the filming activity, be deployed, scheduled, used, made available, or staged.
FILMING (OR "FILMING ACTIVITIES"):	The staging, shooting, filming, videotaping, or other similar acts conducted to make motion pictures, television programs, music videos, documentaries, independent films, commercials, social media content, 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 FILMING:	The filming activities conducted for the purpose of journalism, reporting on current or breaking stories topics, issues, or features involving persons, events, or scenes by newspapers, television, or online outlets that are devoted solely or primarily for the broadcasting or distribution of journalistic information about current events, topics, issues, or features.
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.
PRODUCER (OR "PRODUCTION COMPANY"):	An individual, group, organization, corporation, or any other entity responsible for filming activity in the City.
PUBLIC PROPERTY:	Any property owned by, operated by, leased to, managed, or maintained by the state of Idaho or any subdivision thereof, including, but not limited to, Ada County, the City, the Capital City Development Corporation ("CCDC"), the Ada County Highway District ("ACHD"), the Idaho Transportation Department ("ITD"), or other public entities.
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:	The process of staging, shooting, and producing non-moving images in a film, digital or other format.
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 the 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. (Ord. 44-23, 12-19-2023, eff. 11-1-2024)