FILM PERMITS

Boise City Code tit. 3, ch. 20

in effect

Boise City Code § 3-20-1 LEGAL AUTHORITY

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)

Boise City Code § 3-20-2 PURPOSE

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)

Boise City Code § 3-20-3 SCOPE

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)

Boise City Code § 3-20-4 GENERAL LICENSING PROVISIONS APPLICABLE

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)

Boise City Code § 3-20-5 DEFINITIONS

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)

Boise City Code § 3-20-6 PERMIT REQUIRED; EXEMPTIONS; EXEMPT FILMING REQUIREMENTS; TIERS OF IMPACT; PROHIBITION

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)

Boise City Code § 3-20-7 APPLICATION STANDARDS AND REQUIREMENTS FOR VARIOUS PERMIT TYPES; ON-GOING DUTY; TIMING; FEES AND BOND; TERM; NONTRANSFERABILITY

3-20-7: APPLICATION STANDARDS AND REQUIREMENTS FOR VARIOUS PERMIT TYPES; ON-GOING DUTY; TIMING; FEES AND BOND; TERM; NONTRANSFERABILITY: A. Permit Application Manner, Form: Any person who desires to engage in filming activities that require a film permit as set forth in this chapter shall apply to the City Clerk's Office on such a form and manner as may be prescribed. The form must be fully completed and accompanied by the required fees, a hold harmless agreement, and insurance certificates before it will be processed. B. Application Requirements: In addition to the minimum requirements set forth in chapter 1, article A of this title, all film permit applications, except for annual low-impact permit applications, shall include the following information: 1. The name, physical address, phone number, and email address of the film's producer and the production company producing the proposed filming activities; 2. The working title of the filming project and type of production; 3. The name, physical address, cellular phone number, and email address of the person in charge of the proposed filming activity; 4. The name, physical address, cellular phone number, and email address of the person in charge of the proposed filming activity on-site; 5. The number of personnel to be involved, including but not limited to the crew, cast, models, and extras; 6. The proposed dates, hours, and locations of the filming; 7. A general statement of the character or nature of the proposed filming activities, including a detailed description of any potentially disruptive activities; 8. A list of major equipment to be used, including but not limited to trucks, buses, trailers, limousines, honey wagons, generators, booms and cranes, and cameras; 9. A statement regarding the use of moving vehicles (including watercraft and aircraft), firearms, open flames, animals, stunts, pyrotechnics, or any other hazardous activity; 10. A staging plan illustrating the placement of all sets, props, and equipment, including generators, cameras, booms and cranes, honey wagons, etc.; 11. A proposed parking plan and base camp location; 12. A street plan including all proposed street or public rights-of-way closures, if applicable; 13. A proposed sound amplification plan, if applicable; 14. A plan for proposed crowd control and first aid/medical support; 15. A plan for cleanup and closeout of all locations used for filming; and 16. Any additional information that the City Clerk may reasonably require. C. Annual Low-Impact Film Permit Applications: Any locally-based person conducting only low-impact filming may apply for an annual license from the City Clerk's Office for such activities in lieu of numerous individual low-impact tier film permits. All annual low-impact film permit applications shall include the application information set forth in chapter 1, article A of this title, and additional information that the City Clerk's Office may reasonably require. Any filming activities by an annual low-impact film permittee that is medium, high, or high-impact with SET would require separate permit applications for each such activity. D. Ongoing Duty To Update: Every applicant and permittee shall have an ongoing affirmative duty to update all information provided on the permit application, in the event such information becomes outdated, untrue, or otherwise incorrect as reasonably soon after the applicant or permittee becomes aware of such change. E. Impact Tiered Application Timing: All low, medium, high, high-impact with SET tier permit applications shall be filed with the City Clerk's Office within the minimum timing requirements as follows: 1. Low-Impact Filming: Complete permit application due no later than three (3) business days in advance of the proposed filming activities. 2. Medium-Impact Filming: Complete permit application due no later than five (5) business days in advance of the proposed filming activities. 3. High-Impact Filming: Complete permit application due no later than five (5) business days in advance of the proposed filming activities. 4. High-Impact With SET Filming: Complete permit application shall be submitted to the City Clerk's Office as early as possible in advance of the proposed filming activities. Upon review of the application, the City Clerk's office shall provide the applicant with a timeframe for permit approval based on the proposed filming activities. F. Fees And Surety Bond: All required fees shall accompany each permit application. The fees for filming activities shall be established by the City Council and listed on the City's most current master fines and fees schedule. 1. The following fees may be required with a permit application, as applicable to the proposed filming activities: a. Application Fee: Permit application fees based on type and tier of permit shall be charged in an amount established by the City Council and listed on the City's most current master fines and fees schedule. The permit application fee is non-refundable. b. City Property Use Fee: A daily use fee may be charged for any use of City property during filming activities, in an amount established by the City Council and listed on the City's most current master fines and fees schedule. c. Street Closure Or Impediment Of Traffic Fee: If an applicant's proposed filming activities require the closure or impediment of traffic upon public streets, the applicant shall pay the Citizen Use Permit Fee as set forth in title 3, chapter 17 of this Code, to cover the cost of City staff time required to evaluate, process, and enforce the Citizen Use Permit to allow for street closure or impediment to street traffic for filming activities. d. Extraordinary City Resources Fee: If an applicant's proposed filming activities require the use of Extraordinary City Resources, the applicant may be required to pay the actual fully burdened hourly labor rate for each City personnel used and the actual costs for the use of City equipment. e. Parking Fees: If an applicant's proposed filming activities require public parking, the applicant shall pay for the appropriate parking fees (e.g., parking meter permits, meter hoods, etc.) as provided for in title 6, chapter 10, article B of this Code, and set forth on the master fines and fees schedule. f. Other Fees: Any other City fees applicable to the proposed filming activities established by the City Council and listed on the City's most current master fines and fees schedule. 2. Surety Bond: Upon review of a film permit application, the City Clerk may require an applicant to post a refundable performance bond, cash surety, or other comparable forms of security guarantee ("Surety Bond") in an amount to be determined by the City Clerk before the application may be approved. A surety bond may be required when the proposed filming activities would require difficult cleanup and restoration of the public property, or if the applicant, under prior film activities or film permits, failed to reasonably or timely cleanup and restore a filming location. Upon completion of filming, clean up, and restoration of the public property to the satisfaction of the City Clerk, the surety bond shall be returned to the permittee. G. Permit Term; Permit Nontransferable: Film permits, with the exception of annual low-impact film permits, are issued specific to a single filming project. An issued permit shall be valid for the period of time specified within the permit. 1. All annual low-impact film permits shall terminate at midnight on January 31 each year. Renewal of annual low-impact film permits shall follow the permit renewal application process set forth in chapter 1, article A of this title and this chapter. 2. Nontransferable: All film permits issued under this chapter are nontransferable. 3. "Rainy Day" Accommodations: Permittees may apply to the City Clerk's Office to adjust a permit's term or conditions due to weather conditions, and the City Clerk's Office shall endeavor to accommodate such requests within reason and the availability of public properties. (Ord. 44-23, 12-19-2023, eff. 11-1-2024)

Boise City Code § 3-20-8 ADMINISTRATION; APPLICATION REVIEW AND CONDITIONS; PERMIT CHANGES

3-20-8: ADMINISTRATION; APPLICATION REVIEW AND CONDITIONS; PERMIT CHANGES: A. Administration: The City Clerk's Office shall be responsible for administering the provisions of this chapter. B. Review Of Permit Applications: The City Clerk shall review all complete film permit applications and may impose conditions upon any issued permits. If a permit application falls within the High-Impact with SET tier, the applicant shall appear before the Special Events Team to assist and coordinate all requirements for the issuance of a film permit. C. Change Of Permit Dates Or Conditions: Applicant shall, at its earliest opportunity, request in writing to the City Clerk any changes to the dates or proposed activities under a film permit. Provided that all requirements of this chapter are met, the City Clerk shall conduct all necessary administrative reviews and endeavor to timely accommodate such permit change requests as it is reasonably able to do. (Ord. 44-23, 12-19-2023, eff. 11-1-2024)

Boise City Code § 3-20-9 CODE OF CONDUCT

3-20-9: CODE OF CONDUCT: In addition to the regulations and rules set forth in this chapter, the City Clerk shall promulgate a code of conduct for film permits. The code of conduct shall be consistent with the provisions of this code and subject to City Council approval by resolution. A current version of the adopted film permit code of conduct shall be kept on file in the City Clerk's Office and available upon request. All permittees shall follow the code of conduct in addition to the provisions within this chapter while conducting filming activities within the City's jurisdiction. (Ord. 44-23, 12-19-2023, eff. 11-1-2024)

Boise City Code § 3-20-10 LIABILITY PROVISIONS

3-20-10: LIABILITY PROVISIONS: A. Minimum Insurance Requirements: Pursuant to this chapter, every permittee shall be continuously insured and shall carry all the following types of insurance at the permittee's sole expense: 1. Commercial general liability insurance with minimum limits not less than one million dollars ($1,000,000.00) for each occurrence and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage, including contractual liability, personal injury, products, and completed operations; 2. Workers' compensation as prescribed by law in the required statutory amounts; 3. Commercial automobile liability insurance with limits not less than five hundred thousand dollars ($500,000.00) for each occurrence, "combined single limit" for bodily injury and property damage, including owned, non-owned, and hired auto coverage, as applicable; and 4. Additional liability coverage and other requirements for special circumstances, including but not limited to the use of drones, helicopters, watercraft, pyrotechnics, or hazardous activities (e.g., dangerous stunts, car chases, car crashes, firearm use, etc.) at the discretion of the City Clerk. B. Proof Of Insurance: Every permit applicant shall tender to the City Clerk's Office the certificates of insurance certifying that insurance of the types and in the amounts required by this chapter are in full force and effect at all times. All insurers must have a rating comparable to A, VIII or higher and shall be authorized to do business in the State of Idaho. The certificates shall list the City separately as an additional insured, except with respect to workers' compensation insurance. Said certificates of insurance shall specify as the certificate holder the City of Boise, P.O. Box 500, 150 N. Capitol Blvd., Boise, Idaho 83701-0500. C. Hold Harmless Agreement: An applicant shall execute a written hold harmless agreement as provided by the City Clerk's Office prior to the issuance of a permit under this chapter. (Ord. 44-23, 12-19-2023, eff. 11-1-2024)

Boise City Code § 3-20-11 PERMIT DENIAL, SUSPENSION, AND REVOCATION REVIEW PROCEDURES AND REASONS

3-20-11: PERMIT DENIAL, SUSPENSION, AND REVOCATION REVIEW PROCEDURES AND REASONS: A. Procedures: Except as otherwise provided herein, the procedures for denial, suspension, revocation, and review of a film permit shall be as set forth in chapter 1, article A of this title. B. Permit Denial, Suspension, Or Revocation: In addition to the reasons for a permit application or renewal denial, suspension, or revocation as set forth in chapter 1, article A of this title, or elsewhere in this chapter, the City Clerk may deny an application for a film permit or renewal thereof, or suspend or revoke an issued permit for the following reasons: 1. The proposed filming activities will unnecessarily disrupt traffic within the City beyond practical solution; 2. The proposed filming activities will cause undue hardship to the adjacent businesses or residents; 3. The proposed filming activities will substantially interfere with street maintenance or previously authorized activities, contracts, or work permits; 4. The proposed filming activities will substantially disrupt municipal functions, public services, or scheduled maintenance of public properties; 5. The proposed filming activities will interfere with access to fire stations, fire hydrants, or the operation of emergency service vehicles to the locations used for filming; 6. The proposed filming activities would violate federal, state, or local law; 7. The permit applicant owes the City an outstanding debt related to a past film project; or 8. The permit applicant previously violated the provisions of this chapter on a past film permit. A second or subsequent permit suspension within a permit's term may be deemed a revocation. (Ord. 44-23, 12-19-2023, eff. 11-1-2024)

Boise City Code § 3-20-12 VIOLATION; PENALTY

3-20-12: VIOLATION; PENALTY: Violation of any of the provisions of this chapter may result in either the suspension or revocation of the film permit pursuant to the provisions of this chapter and chapter 1, article A of this title. In addition to any action on the permit, a first-time violation of the provisions of this chapter related to low or medium-impact tier filming activities or violations of the requirements for exempt filming activities set forth in section 3-20-6B of this chapter, are declared unlawful and punishable as an infraction, subject to penalty as provided in section 1-4-2 of this code. A subsequent violation of the provisions related to low or medium-impact tier filming activities, or violations to the requirements for exempt filming activities set forth in section 3-20-6B of this chapter, are declared unlawful and punishable as a general misdemeanor, subject to penalty as provided in section 1-4-1 of this code. A violation of the provisions of this chapter related to high-impact or high-impact with SET tier filming activities, is declared unlawful and punishable as a general misdemeanor, subject to penalty as provided in section 1-4-1 of this code. (Ord. 44-23, 12-19-2023, eff. 11-1-2024)

Source: Boise City, Idaho, City Code and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/boise_id/latest/boise/0-0-0-74020Fetched: 11/1/2026