Phoenix Park Ranger G. Sotomayor Sued

He told me that the Phoenix city code G-1403 contains the definition of the law that covers this.

I read the law and discovered that the law doesn't say a thing about still photos. It only mentions motion pictures.

The second time I talked to Phil Bradstock he told me that G-1403 was the only law that covered this and that I was correct that the law doesn't say a single thing about still photos.

Phil Bradstock say that law allows them to set the nitty gritty details about how the law will operate. He didn't say it but I assume that Phil Bradstock meant that he or his department modified the law to include still photos.

On the issue of what is "commercial use" G-1403 only gives a wishy washy definition of "commercial use" and by that definition we certainly didn't need to get a permit.

Here is a link to the following law. The law doesn't seem to cover us because we were not shooting for "commercial use".

It lists 3 exceptions to the law which we probably qualify for:

1. Current news and general public interest
2. Studios which are in the city of Phoenix
3. Charitable purposes

City Policies

A Phoenix Film and Digital Media Permit (FDM Permit) is required to film in city owned buildings, parks and public-right-of-ways within the defined boundaries of the City of Phoenix. The FDM Permit covers features, TV series and shows, commercials, web casts and still photography used for commercial use.

The permitting process for the City of Phoenix is a simple three (3) step process.

1. Provide in writing your proposed Scope of Work. Please note, the submittal of your Scope of Work does not imply or give approval for your shoot. A representative from the Film Office will contact you within 24 business hours to discuss.
2. Provide a certificate of insurance for $1 Million naming the City of Phoenix as additional insured.
3. Submit the $100 permit fee (pay by credit card, cash, check or money order)

FDM Permits will ONLY be issued once all three steps have been completed.

Arrangements for filming at all city facilities, hiring off duty personnel and rental of city equipment are coordinated by the Phoenix Film Office.

Filming at a Residential Home or on Private Property in Phoenix

City of Phoenix off duty personnel WILL BE required if ANY of the below criteria are met:

• More than 2 Essential Vehicles (1 ton trucks or greater including motor homes) parked in a city right-of-way.
• 10 or more personal vehicles (inclusive of any and all including talent, agency and others who may come and go from set) parked in a city right-of-way.
• Working guns on set firing blanks
• Prop guns displayed within view of public
• Filming in the street or other city right-of-way
• Car to car filming
• Intermittent Traffic Control (ITC)
• Blocking or “taking out” a lane of traffic
• Special Effects are utilized (example: fire)
• Complaints received from neighbors
• After Hours Filming
• Between 6:00A.M. and 10:00P.M. from the first day of May to and including the 30th day of September and between the hours of 7:00 A.M. and 10:00 P.M. beginning the first day of October to and including the 30th day of April.

If none of the above apply to a production, off-duty personnel will not be required by the Phoenix Film Office, however, a Film and Digital Media permit must still be obtained.

Final determination for the need of an off duty personnel will be determined by the affected department coordinator and the Phoenix Film Office.

Should the criteria for any off-duty personnel not be met per these guidelines, the affected department coordinator and Phoenix Film Office will be the only one’s to waive the need for off-duty personnel.

A mandatory inspection of the filming location will be conducted by the Phoenix Film Office and/or the department affected by the filming to ensure Scope of Work is followed. A violation will require the Motion Picture Coordinator for the affected department to assign an off duty personnel in order for filming to continue. Rate for the last minute request will be double the going rate of pay for the off duty personnel and will begin upon the notification of the production company.

Airport Facilities

The city of Phoenix owns three airports; Sky Harbor International Airport, Deer Valley Airport and Phoenix Goodyear Airport. Filming is coordinated through the Film Office. Three to five working days notice is required.

Production companies are required to be under escort by off duty aviation personnel when filming at all aviation facilities. (Please review Film and Digital Media Permit Terms and Conditions).

The number of off duty personnel required for the shoot is determined once specific information has been provided by the production company and approved by Airport Authority. Filming at or beyond the security check point is not permitted.

Filming on ramp or tarmac requires $5 million against liability naming the city of Phoenix as additional insured.

Off duty Aviation Personnel rates are listed below and subject to change without notice:

• Aviation Operations Supervisor - $45.00/hour, 3 hour minimum
  
• Aviation Operations Assistant - $35.00/hour, 3 hour minimum

Other off duty Aviation personnel rates provided as needed.

B-Roll Filming

Permits are usually not required for general B-Roll filming in Downtown Phoenix.

However, if you are looking for general B-Roll of OR are shooting from the following, you will need to contact the Phoenix Film Office first (602.262.4850): City owned buildings, parking garages, Sky Harbor Airport or the various parks.

A Phoenix Film and Digital Media Permit is not required as long as the following criteria are met:

• You have 5 or less people
• You are not obstructing the sidewalk
• You are not obstructing a lane of traffic

Should your production overstep these guidelines, you may be cited by the Police.

Productions need to ensure that they have the proper permission from a property owner prior to entering upon their property to capture B-Roll. As a general rule in Downtown Phoenix, the property is private from the edge of the building (or overhang) to the sidewalk. The portion from sidewalk to curb/street is City owned property. Filming on Sidewalks

City of Phoenix off duty personnel WILL BE required if the filming impedes or disrupts foot traffic.

Please check with the Film Office regarding your exact location. Locations, dates and times will have an impact of the determination of the need for off duty personnel.

A mandatory inspection of the filming location will be conducted by the Phoenix Film Office and/or the department affected by the filming to ensure Scope of Work is followed. A violation will require the Motion Picture Coordinator for the affected department to assign an off duty personnel in order for filming to continue. Rate for the last minute request will be double the going rate of pay for the off duty personnel and will begin upon the notification of the production company.

Streets

Filming on major thoroughfares during rush hour traffic (6:00am to 9:00am and 4:00pm to 6:00pm) is not permitted. All street closure requests are subject to Street Transportation's approval. All street barricading and signage placement must be done by a licensed barricade company and set up according to the city of Phoenix Barricade Traffic Control Manual.

Use if City Vehicles as Picture Cars

Only City of Phoenix employees may operate city vehicles used as picture cars. All vehicles may not indicate the City of Phoenix, or any derivation thereof, and must be covered at the filming location (removal may not occur in post).

Rate Information

OFF DUTY CITY PERSONNEL

All off duty personnel must be paid at the end of the shooting day unless payroll authorization is approved in advance through the Film Office. All personnel receive a three hour minimum. Once arrangements are made for off-duty personnel, Permittee will be required to pay all wages for off-duty personnel associated with a shoot unless the arrangements are cancelled at least one (1) business day (and a full 24 hours) prior to call time.

Rates are subject to change without notice

FACILITIES

• Building Manager - $40/hour, 3 hour minimum
• Electricians - $40/hour, 3 hour minimum

FIRE

• Firefighters/paramedics - $40.00/hour, 3 hour minimum
• Captain (supervisory capacity) - $45.00/hour, 3 hour minimum
• Battalion Chief - $50.00/hour, 3 hour minimum

PARKS

• Ranger - $30/hour, 3 hour minimum

POLICE

• Officers - $40.00/hour, 3 hour minimum
• Sergeant/Coordinator (supervisory capacity) - $45.00/hour, 3 hour minimum
• Lieutenant - $50.00/hour, 3 hour minimum
• Captain - $55.00/hour, 3 hour minimum

EQUIPMENT RENTAL RATES

Police and Fire will arrive on set in City vehicles which the Production Company will be billed for. City vehicles may not be used as picture cars unless permission is granted by the Phoenix Film Office.

Production Company will receive a bill from the Fiscal Department at the end of the following month. Rates are subject to change without notice. Please call for rate verification. 8.1% sales tax will be added to the equipment rental total. We recommend issuing a Purchase Order for your job for equipment billing as invoicing can take a month or more.

FIRE EQUIPMENT

• Ambulance - $15.00/hour, $1.01/mile
• Battalion Chief's Car - $10.00/hour, .95/mile
• Brush Truck - $18.00, $1.90/mile
• Engine (pumper) - $24.00/hour, 2.12/mile
• Ladder Truck - $24.00/hour, $4.24/mile

POLICE EQUIPMENT

• Cars - $7.00/hour, .95/mile
• Motorcycles - $5.00/hour, .65/mile

Rates for additional equipment and personnel not listed above will be quoted on request.

Number of off duty personnel and required equipment is determined once specific information has been provided, Scope of Work is completed and permits have been obtained. Revenue Producing Facilities

Standard use fees and separate contracts may apply. Examples of these locations are the Orpheum Theater, Symphony Hall, Convention Center, Municipal Baseball Stadiums, sport complexes, gymnasiums, etc. Special Effects

FIREARMS/BLANKS

It is illegal to discharge firearms including blanks within the city limits. An off duty uniformed police officer is required on the set. Weapons must be inspected by the production company's weapons handler and the off duty officer prior to bringing onto the set. Dispatch will be notified by the officer prior to and after discharge of blanks.

FIRE/PYROTECHNICS

Special effects operators must have a federal ATF license and meet requirements of the Phoenix Fire Prevention Department in order to obtain a City of Phoenix special effects license and obtain permits. Permit fees vary. Please note this is an application, review and permit process, ample notice is required.

The number of off duty personnel and equipment is determined once permits have been obtained and specific information has been provided and Scope of Work is completed.

RAIN

A permit for a city of Phoenix water meter for fire hydrant hook up must be obtained from Development Services Department (DSD). DSD is located in City Hall, 2nd floor, counter 8. Be sure to bring billing information. The main number to DSD is (602 262 6551, option 1. The fee is $575.00.

DSD issues the permit for the meter; it takes 48 hours to install. Production companies must find a private backflow device certification company (listed in yellow pages) to inspect the meter before you can use the hydrant for rain. This certification process is required to make sure there is no backflow of water back into the water main that could contaminate city water. Once certified you can use the water from the hydrant but you must also make arrangements for it to be inspected by a city inspector. You can obtain specifics about this process when you obtain the permit from DSD. Contact info for removal of the meter will be on the permit.

RAIN WATER DISCHARGE

If you are making rain and/or discharging water into the storm drain system you must obtain a Temporary Storm Water Discharge Permit. The city of Phoenix has a storm drain system that empties directly into rivers and washes without being treated. The City of Phoenix requires that any person or business that has the potential to affect the quality of storm water is required to prepare a written Storm Water Management Plan.

Please contact the Phoenix Film Office at (602) 262-4850 for contact information and procedures. Please be aware that any violation of this City Code subjects Permittee to enforcement actions including but limited to monetary penalties.

Miscellaneous Information

Arizona State Labor Department
Labor Laws and Youth Employment
800 W. Washington St.
Phoenix, AZ 85005
(602) 542-4515

Here is a link to the following law. The law doesn't seem to cover us because we were not shooting for "commercial use".

Phoenix Film and Digital Media Permit

The Phoenix Film and Digital Media Permit (FDM Permit) and the accompanying Terms and Conditions allows a production to film in city owned buildings, parks and public-right-of-ways within the defined boundaries of the City of Phoenix. The FDM Permit covers features, TV series and shows, commercials, web casts and still photography used for commercial use.

The permitting process for the City of Phoenix is a simple three (3) step process.

1. SCOPE OF WORK - Complete this form which describes your project
2. CERTIFICATE OF INSURANCE (COI) - Provide a COI for $1 Million naming the City of Phoenix as an additional insured with the following wording in the description box: "The City of Phoenix is an Additional Insured with respect to liability arising out of the activities performed by or on behalf of the permittee." If this language does not appear in the description box, your permit application will be rejected!
3. $100 PERMIT FEE (pay by credit card, cash, check or money order)

FDM Permits will ONLY be issued once all three steps have been completed.

The submittal of your Scope of Work does not imply or give approval for your shoot. A representative from the Film Office will contact you within 24 business hours to discuss your proposed shoot.

Should you need to film in another city besides Phoenix, you will need to contact the particular government agency.

If you have any questions, please give our office a call at 602-262-4850.

Here is a link about photography at the Phoenix Zoo. Non commercial photography is allowed at the Phoenix Zoo.

According to this web page the Phoenix Zoo is a non profit private, non-government entity.

The Phoenix Zoo is one of America's most successful, privately-owned, nonprofit zoological parks

But I suspect that the Phoenix Zoo does a lot of things in conjunction with the city of Phoenix, and the Phoenix government.

Use Of The Phoenix Zoo As A Commercial-For-Profit Photographic Site

Non-Commercial Photography/Video Policy
Commercial Photography/Video Policy and Site Fees

Phoenix Zoo Non-Commercial Photography/Video Policy

The Phoenix Zoo encourages visitors to take personal video or still photographs while enjoying their Phoenix Zoo visit.

All images and videos taken by guests and patrons are allowed free of charge so long as the images are used for a personal, noncommercial purpose. All photographs should be taken from designated visitor viewing areas, or within the boundaries as it relates to special programs, engagements, etc. and the Phoenix Zoo has the right to withhold or withdraw consent to photograph and video or to reproduce photographs or video of Phoenix Zoo and related property, which includes zoo exhibits, animals and buildings or otherwise defined.

By entering the Phoenix Zoo, all guests, patrons, employees and volunteers agree that photographs and videos of animals and other property at the Phoenix Zoo may not be used for commercial profit, for publicity, or for any other purpose that commercially or publicly exploits the photos and videos, including posting the images on the Internet.

Also, by entering the Phoenix Zoo, you may be filmed, videotaped or photographed by the Phoenix Zoo. Your admission to the Zoo serves as permission for use of your image for promotional purposes by the Phoenix Zoo, the Arizona Zoological Society, and its constituents. Each guest individually and on behalf of his/her minor children further waives any right to pre-approval, royalties or other compensation arising from or related to the use of imagery.

All trademarks, service marks, logos, images, and facilities of the Phoenix Zoo are the sole property of the Phoenix Zoo and may not be used, reproduced, displayed or distributed without written consent of the Phoenix Zoo.

Employees and volunteers: See the Phoenix Zoo’s Release of Information Policy as well as the Confidentiality agreement before sharing photos/videos etc. to the public (i.e. visitors, friends, relatives, other organizations, etc.)

Phoenix Zoo Commercial Photography/Video Policy

The Phoenix Zoo is a premier destination with numerous locations that are well suited for use by commercial photographers for print, television, online media or commercial production, as long as the production reflects the basis of our mission. These sites can be made available by permit only during off-season or off-peak times and will be structured to ensure minimal inconvenience to Zoo visitors.

Off-peak times: most weekdays, early morning and weekend evenings (no holidays)

Notice: The Phoenix Zoo asks for a three week notice prior to the date in which to use the Phoenix Zoo for commercial purposes.

Fee Guidelines:

Commerical fees are determined by a variety of factors, including but not limited to, the nature and purpose of the project, its intended market, its potential promotional value to the Zoo, time of day, time of year, displacement of other revenue-generating events, disruption to exhibits and guests, access to behind-the-scene areas, the impact of the production among staff and animal care, length of the stay, and extent to which the Zoo is required to support the project.

$500 per hour

$1,000 per half day (4 hours)

$2,000 full day (8 hours)

$350 for any additional hours exceeding the half day or full day rate.

Additional fees may also apply as follows:

$50 per hour for every Zoo staff member involved in project

A deposit of $500 is required for half or full days prior to reserving the date, and the remaining fees must be paid by the date of the reserved shoot. Cash, cashier’s check or money order are the accepted methods of payment, all others will not be acceptable unless discussed with a member of the public relations department.

Park Rangers [are these city of Phoenix Park Rangers] or other Phoenix Zoo personnel will be assigned to direct pedestrian and/or automobile traffic as needed to ensure that there is minimal impact to natural conditions, wildlife or plants. All park and Zoo rules must be obeyed by the permittee. Any variances which are requested and approved will be specifically stated in the permit.

Permits must be requested in writing to the Public Relations Department at least seven (7) days prior to the requested date. The permit must describe the scope of the activity, the number of people expected on site, and the appropriate duration of the time requested.

General liability insurance covering this activity is required. The insurance must have coverage amounts of one million dollars ($1,000,000) for bodily injury; one hundred thousand ($100,000) for property damage and; must name The Phoenix Zoo as an additional named insured. A copy of the certificate of insurance must be on file with The Phoenix Zoo prior to the conduct of this activity, or this permit will be null and void.

Still Photography:

Photos taken at the Phoenix Zoo to be sold for commercial use are to be approved by the Phoenix Zoo before the contract is signed. As a non-profit organization, the Phoenix Zoo asks that 20% of the proceeds of each individual still photograph sold come back to the Phoenix Zoo. The prints cannot be sold or used in publications, internet sites, or companies that do not support the Phoenix Zoo’s mission, “To inspire people to live in ways that promote the natural world” or depict organizations (but not limited to) such as circuses that use exotic animals, hunters, or fur manufacturers, etc. If a caption is to be used with the photo, the caption must be faxed or emailed to the public relations department for approval and proper photo credit should be applied.

Photos must be clearly marked with the owner’s name. Sales of photographs or merchandise/promotions in conjunction with photographs cannot use the Zoo’s brand or name as a promotional selling device.

Contact: If you would like to take photos/film at the Phoenix Zoo for a commercial purpose, you may submit a request in writing to the Phoenix Zoo at least three weeks prior to the date of the intended shoot. Please contact the Phoenix Zoo’s public relations department at 602.914.4363 for more information. Please include the following:

• Name, address, phone number and email address
• Explain the nature of your project, what it will be used for
• Include the number of people in attendance for the shoot
• How much time is needed for the shoot
• Special requests, equipment, use of particular scene or animals or keepers, etc.
• What area of the Zoo you wish to use as back drop any additional details the Phoenix Zoo needs to be aware of
• Email the information to lhardwick@thephxzoo.com or fax to 602.914.4363

The Phoenix Zoo reserves the right to deny any request, cancel any shoot at any time if it is not in the best interest of the Zoo’s animals, or visitors contrary to the Zoo’s mission. The Phoenix Zoo requests script approval where applicable before a shoot can begin.

The Use of Existing Photos for Commercial Purposes: Please contact the Phoenix Zoo’s Public Relation’s Department for assistance at 602.914.4363 or lhardwick@thephxzoo.com.

World Association of Zoos & Aquariums Association of Zoos & Aquariums

Copyright © 2006 Phoenix Zoo, all rights reserved.
455 North Galvin Parkway
Phoenix, AZ 85008
Phone: 602-273-1341