For the purpose of this chapter the words and phrases used in this chapter are defined as follows:
CHARITABLE FILMS. Commercials, motion pictures, television, videotapes, or still photography produced by a nonprofit organization, which qualifies 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 marketing and production of the film or from showing the films, tapes, or photos.
MOTION PICTURE, TELEVISION, STILL PHOTOGRAPHY. Shall mean and include all activity attendant to staging or shooting commercial motion pictures, television shows or programs, and commercials.
NEWS MEDIA. The filming or videotaping for the purpose of spontaneous, unplanned television news broadcast by reporters, photographers or camerapersons.
(Ord. 670-C.S., passed 7-2-03)
(A) Permit required. No person shall use any public or private property, facility or residence for the purpose of taking commercial motion pictures or television pictures or commercial still photography without first applying for and receiving a permit for the City of Eureka.
(B) Exemptions. The provisions of this chapter shall not apply to or affect:
(1) News media: reporters, photographers or camerapersons in the employ of a newspaper, news service, or similar entity engaged in on-the-spot print media, publishing or broadcasting or any other person concerning those persons, scenes or occurrences which are in the news and of general public interest.
(2) Family video: personal or professional filming, videotaping of motion pictures, and still photography solely for private-family use, including family images that are produced by a hired professional.
(3) Charitable films: projects that qualify under Section 501(C)(3) of the Internal Revenue Code.
(4) Studio filming: filming activities (motion or still photography) conducted at a studio.
(5) Eureka business license holders:
(a) Local commercials (video or still photography) produced entirely on private property, so long as the equipment, personnel and subject connected with the commercials do not interfere in any way with the public right-of-way or impact neighboring private property.
(b) Still photographers, who are photographing in a public area, and who do not encroach upon the public right-of-way with equipment or personnel.
(Ord. 670-C.S., passed 7-2-03) Penalty, see § 10.99
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