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PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE.
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FOURTEEN - PROPERTY MAINTENANCE AND HOUSING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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746.05 EXEMPTIONS.
   (a)   The following film production activities are exempt from permit requirements:
      (1)   Film production by news media; personal or family videos (weddings, etc); studio filming inside a movie studio; film production activities taking place entirely on private property; and such other productions as are exempted by the City Manager.
      
   (b)   However, if any of the exempt activities listed above desire to use City facilities or block or interfere with a City street, property or right-of-way, then the chapter shall apply and a permit must be obtained.
(Ord. 2019-118. Passed 10-16-19.)
746.06 ADMINISTRATION AND REGULATIONS.
   (a)   Administrator. This chapter shall be administered by the City Manager or his/her designee.
   (b)    Conditions. A permit may be issued with special conditions unique to the particular film production based on the circumstances of the request and location or other special factors.
   (c)    Safety and Notice Standards. 
      (1)   Roads and traffic. If roads or lanes are to be blocked or traffic disrupted in any manner, off-duty City of Kent police officers must be hired to provide safety supervision. Requirements of the Kent Police Department for flagging and lane closures shall be observed. Filming on state highways requires permission of the Ohio Department of Transportation. Removal, cutting or trimming of vegetation on the right-of-way is prohibited unless specifically approved in the permit.
      (2)    Fire Department. The City of Kent Fire Department shall have full access to any film production to ensure safety for crew members, the public and surrounding properties. No film activity involving the use of explosives, pyrotechnics, smoke machines or fire shall be permitted without approval of the Fire Chief or his/her designee.
      (3)   Public notice. Adjacent property owners shall be notified in advance of the filming and provided a contact number for any complaints or concerns. At least three (3) days' notice shall be posted in a manner approved by the City Manager of any full or partial road closure; a detour route must be posted for full road closures. Applicant shall ensure reasonable access to businesses and residences within the affected area during film production.
   (d)   Fees and Bonds. The fee structure will depend on the type and scope of filming requested.
Large Scale Productions
(Anything other than student led productions)
Permit Fee:
$100.00
Road closure fee:
$50.00 per day
Police/Fire Protection fee:
At cost.
(required when road lanes closed)
Use of City facilities:
General:
$100.00 per facility, per day
Park facilities:
Inquire with Kent Parks & Recreation Office
330-673-8897
 
Student Led Productions
Permit Fee:
No permit fee
Road closure fee:
$100.00 bond
Police/Fire Protection fee:
At cost.
(required when road lanes closed)
Use of City facilities:
General:
$25.00 per facility, per day
Park facilities:
Inquire with Kent Parks & Recreation Office
330-673-8897
 
   The City reserves the right to include additional and/or waive fees related to production activities as needed.
   (e)    Permit holders shall be responsible for fulfilling ASCAP (American Society of Composers, Authors, and Publishers) or other similar entities requirements for any music played, including but not limited to reporting requirements. In addition, the permit holder shall be responsible for any costs charged to the city or the applicant by ASCAP. Any complaints resulting from Applicant's violation of this subsection will be subject to Section 746.07(c) below.
 
   (f)   Alcoholic Beverages. Possession of alcoholic beverages and/or the consumption of alcohol during film production activities, or within the affected area prescribed in the permit, is prohibited.
 
   (g)   Food Vendors. Food vendors planning to operate within the affected area during film production shall be licensed and inspected by the Kent City Health Department. A list of all food vendors and their proposed food items must be submitted at least fourteen (14) days prior to the event, to be reviewed for licensing and health provisions.
      (1)   Any vendors who utilize cooking or other heating equipment shall have a fire extinguisher with a minimum rating of 2A 1 OBC available at all times.
      (2)   A clear fire lane shall be maintained throughout the course of the affected area.
      (3)   Gasoline powered generators may be permitted, but gasoline storage on site shall be limited to five (5) gallons which shall be stored in a UL approved container.
      (4)   Use of tents, canopies, etc. of greater than 400 square feet in size, or to be used above or in close proximity to open flames, cooking grills, or other flammable agents, shall be by permit issued by the Fire Department, and shall be consistent with the Ohio Fire Code.
   (h)   First Aid. Applicant shall provide, or make arrangements to provide, a first aid station, or have in possession a first aid kit, to the satisfaction of the Fire Chief or his/her designee.
 
   (i)   Trash and Recycling. When necessary, the applicant will be required to make arrangements for necessary trash containers, recycling containers, and central dumping point for the removal of all solid waste generated by film production activities. The applicant will also make arrangements for the removal of all food preparation residue and waste consistent with Health Department recommendations.
 
   (j)   Neighborhood Approval. For film permits requiring a road closure, the sponsor shall conduct a survey of the residents and businesses in the affected area. The survey shall be in the form of a petition requesting the issuance of a film permit for a specific date and time and bearing the signatures of affected residents of seventy percent (70%) or more of the affected area and affirms by affidavit that each such signature is genuine and that of an affected resident to the best of applicant's knowledge.
   (k)   Noise Limitations. City standards for noise will apply to film productions as they may affect surrounding residential neighborhoods as defined in Codified Ordinance Chapters 1127 to 1139. (Ord. 2019-118. Passed 10-16-19.)
746.07 LIABILITY PROVISIONS.
   (a)    Liability Insurance. Before a permit is issued, a certificate of insurance will be required in an amount of one million dollars ($1,000,000) minimum naming the City and its officers and employees as additional insureds for protection against claims of third persons for personal injury, wrongful death and property damage. The certificate shall not be subject to cancellation or modification until after thirty (30) days written notice to the City. A copy shall remain on file.
 
   (b)   Workers' Compensation Insurance. An application shall conform to all applicable Federal and State statutes and requirements for workers' compensation insurance for all persons under the permit.
 
   (c)   Hold Harmless Agreement. The applicant's acceptance of the permit shall constitute a hold harmless agreement, holding the City of Kent and its officers and employees harmless from all damages, suits, actions or liabilities, including attorney's fees, arising out of or resulting from the filming activity, or from the acts of the filming company or its agents during the filming activity or occurring as a result of the use of filming locations by the filming company.
   (d)    Security Deposit. To ensure cleanup and restoration of the site, an applicant may be required to submit a refundable deposit (amount to be determined). Upon completion of filming and inspection of the site by the city, if no verifiable damage has occurred, the security deposit shall be returned to the applicant.
 
   (e)   Damage to Property. Any damage to City-owned property, facilities or infrastructure, including roads, arising from or relating to the film production, shall be the responsibility of the permit holder who shall repair all such damage or pay the city the costs of repair. (O rd. 2019-118. Passed 10-16-19.)
746.08 VIOLATIONS/REVOCATION.
   (a)   Any permit can be revoked by the City Manager or his/her designate, or if he/she is not present, by the ranking police officer on duty upon the happening of any one or more of the following events:
      (1)   Any expansion of the road closure beyond the affected area regardless of whether such expansion is known or approved by the permit holder;
      (2)   Any acts of vandalism, littering, disorderly conduct or criminal activity by any of the participants affiliated with the permit holder regardless of whether the perpetrators of such acts are apprehended; or
      (3)   Any other acts or circumstances, lawful or unlawful which, in the opinion of the City Manager or the ranking police officer on duty, create a substantial risk of injury to person or property.
   (b)   If a permit is revoked the fact of such revocation shall be given to all participants and persons in or near the affected area by announcing such fact over the public address system of any marked police car or by any other manner reasonably calculated to effect such notice.
(Ord. 2019-118. Passed 10-16-19.)
746.09 PRIMARY CONTACT.
   The applicant shall provide one primary contact of competent authority to maintain communication with and be responsive to the City Manager during the entire period of filming. Minimum communication types shall be phone, text, and e-mail. The City Manager and/or his designee shall be the primary contact for the applicant.
(Ord. 2019-118. Passed 10-16-19.)