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)

 

3-20-6: PERMIT REQUIRED; EXEMPTIONS; EXEMPT FILMING REQUIREMENTS; TIERS OF IMPACT; PROHIBITION:

Permit Required: A film permit is required for any commercial filming activities within the City conducted on public property, unless otherwise exempted.

   A.   Permit Exemptions: Filming activities within the City on public property for private, non-commercial uses do not require a film permit. Filming activities, whether for commercial use or not, wholly conducted on private property (e.g., a studio) do not require a film permit. Still photography, student, contest, and charitable films and news media filming are exempt from obtaining a film permit.

   B.   Non-commercial and Exempted Filming Requirements: Though exempted and non-commercial filming activities do not require a film permit, such filming activities shall:

      1.   Obtain all necessary location reservations, pay all fees for the use of certain public properties or other resources, and obtain permits or licenses as may be required by the City or third-party entities for the use of their public property.

      2.   When a non-commercial or exempted filming activity includes the brandishing of a weapon (including but not limited to a real or artificial firearm) in public, then "filming in progress" signage must be clearly posted on-site, and notices to surrounding area residences and businesses and to Ada County Dispatch and the Boise Police Department must be provided in advance of such filming activities. Such notices and signage shall provide the date, time, and location of the filming activities that include brandishing weapons in public to avoid public distress and misuse of police resources.

   C.   Tiers Of Impact: The tiers of filming activities impact are described as follows:

      1.   Low Impact: Under the low-impact tier, there may be:

         a.   No discernable interruption of pedestrian traffic;

         b.   No interruption of vehicular traffic;

         c.   Use of city property requiring a reservation;

         d.   Use of more than seventy-five percent (75%) or more of the public street parking spaces on one (1) to three (3) blocks;

         e.   No activities outlined in the medium, high, or high-impact with SET tiers.

      2.   Medium Impact: Under the medium-impact tier, there may be:

         a.   Significant disruption to the normal flow of pedestrian traffic or will close a sidewalk or other pedestrian rights-of-way;

         b.   Use of City property after regular business hours for that property when the public is not allowed access;

         c.   Filming outdoors (on public property) between the hours of ten o'clock (10:00) P.M. and eight o'clock (8:00) A.M. Mountain Standard Time;

         d.   Filming on public property within a three hundred-foot (300') radius of a residence, with a combined crew and cast of ten (10) people;

         e.   Use of equipment or activities that are noise as defined and regulated by the City's noise provisions of this Code;

         f.   Simulated sexual encounters or nudity in public or on private property visible to the public;

         g.   Use of seventy-five percent (75%) or more of the public street parking spaces on four (4) to six (6) blocks;

         h.   No activities outlined in the high or high-impact with SET tiers.

      3.   High Impact: Under the high-impact tier, there may be:

         a.   Use of City property that would be disruptive to the normal function or City business conducted on that property;

         b.   Brandishing of real or artificial firearms, grenades, swords, or other weaponry in public or on private property visible to the public;

         c.   Simulated gunfire;

         d.   Use of smoke effects or water effects;

         e.   Use of an 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;

         f.   Disruption to the normal flow of vehicular traffic or closure of a local roadway or other vehicular public rights-of-way for one (1) to three (3) days;

         g.   Filming on public property within a three hundred-foot (300') radius of a residence, with a combined crew and cast of more than ten (10) but no more than twenty-nine (29) people;

         h.   Use of seventy-five percent (75%) or more of the public street parking spaces on seven (7) to nine (9) blocks;

         i.   No activities outlined in the high-impact with SET tier.

      4.   High Impact With SET: Under the high-impact with SET assistance tier, there may be:

         a.   Disruption to the normal flow of vehicular traffic or closure of a local roadway or other vehicular public rights-of-way for four (4) or more days;

         b.   Disruption to the normal flow of vehicular traffic or closure of an interstate highway, arterial, or collector roadway;

         c.   Bus or other public transportation re-route planning required;

         d.   Use of pyrotechnics or other explosives, open flames, or other potentially dangerous instrumentalities;

         e.   Vehicle chases or vehicle crashes;

         f.   Dangerous stunts that have a reasonable likelihood of causing substantial personal injury;

         g.   Erected stages, facades, or other large props;

         h.   Use of low-flying aircraft other than drones;

         i.   Filming on public property within a three hundred-foot (300') radius of a residence, with a combined crew and cast of thirty (30) people or more;

         j.   Significant disruption to normal business or residential activities;

         k.   Use of seventy-five percent (75%) or more of the public street parking spaces on ten (10) or more blocks;

         l.   Past film permit violations with the City.

   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 permit from the City Clerk's Office. (Ord. 44-23, 12-19-2023, eff. 11-1-2024)