The Department duly receives applications from the motion picture, television and advertising industries to conduct these activities, pursuant to Section 7 of these regulations.

    As a result of the public hearing, the Department finds commercial filming to be a desirous activity in that it is a non-polluting industry which attracts considerable revenues to the State, creates many opportunities for employment, and generates publicity for Hawaii as a tourist destination.

    Therefore, commercial filming is hereby designated an authorized activity in accordance with the definition provided in these rules, subject to limitations and conditions hereinafter described.

    Section 34. Permits.

    (a)    Applicants desiring to use City parks properties for commercial filming purposes shall first secure a permit from the Department.

    (b)    Permits shall be issued in the name of the commercial film company designated on the Certificate of Insurance.

    (c)    Permits shall be non-transferable.

    (d)    Daily, monthly, annual permits may be issued to still photographers shooting wedding ceremonies, portraits, scenics, etc., or if shooting does not involve any commercial product or the use of props such as birds, animals, etc.

    (e)    Only daily permits shall be issued for TV and movie filming and still photography involving the shooting of commercial products or requiring the use of props such as birds, animals, etc., or for filming in a City park located in a State Conservation District.

    Section 35. Fees.

    (a)    See Chapter 27, ROH 1978, as amended.

    (b)    Fees shall be payable at the time of issuance of the permit and checks will be made payable to the City Director of Finance, City and County of Honolulu.

    (c)    Beside the payment of permit fees, applicants shall also be required to pay all admission fees to the Honolulu Zoo, Botanic Gardens, etc.

    Section 36. Deposit.

    (a)    The use of heavy production and crew support equipment on City parks properties shall require applicants to place a $500 deposit to ensure cleanup and restoration of facilities for any damages. Deposits shall be refundable if cleanup and restoration of the grounds and/or facilities is satisfactory.

    Section 37. General Conditions. The following conditions shall apply to all commercial filming permits.

    (a)    Each permit applicant must have in current force and effect an insurance policy, in which a combined limit of liability for bodily injury and property damage is $1 million per occurrence. The insurance certificate shall name the City and County of Honolulu and its officers and employees, and the State of Hawaii and its officers and employees as additional insured. A copy of the certificate of insurance shall be filed with the Parks Permit Section of the Department.

    (b)    Filming shall be allowed only on weekdays, except holidays; however, the Director may authorize filming on weekends and holidays upon receiving assurance from the permittee that the public will not be unduly inconvenienced nor be deprived of the use of any park or beach during the filming activity.

    (c)    Permits shall authorize filming activities only within the boundaries of City parks properties. For beach parks owned or controlled by the City, the high-water mark shall be considered the makai boundary. Applicants shall be responsible to secure applicable commercial filming permits from the State Department of Land and Natural Resources and the State Department of Transportation for filming activities occurring makai of the high-water mark.

    (d)    Permit applicants whose filming activity may create a traffic safety problem or attract a crowd shall be required to hire off-duty Honolulu Police Officers for vehicular and crowd control purposes.

    (e)    Permit applicants shall be responsible to see that each filming set complies with Fire Code requirements.

    (f)    Picnic tables and benches owned by the City shall not be reserved for exclusive use of the permittee, nor shall these picnic tables and benches be used for storage of filming equipment and supplies.

    Section 37a. Re-application Following Revocation of Permit.

    (a)    Re-application following revocation of a permit may be permitted upon the petition of the applicant to the Department of Parks and Recreation and affirmative compliance with our rules and conditions.

    ADOPTED this 6th day of November, 1987, by the Director of Parks and Recreation, City and County of Honolulu, State of Hawaii.

                                                                                                 /s/ Walter M. Ozawa
                                                                                                For HIRAM K. KAMAKA, Director
                                                                                                Department of Parks Recreation
                                                                                                City and County of Honolulu

APPROVED AS TO FORM:

/s/ Maria C. Aviante-Tanaka
Deputy corporation Counsel

Approved this 16th day of
December , 1987.

/s/ Frank F. Fasi
FRANK F. FASI, Mayor

                                                                                       /s/ Walter M. Ozawa
                                                                                      For HIRAM K. KAMAKA, Director
                                                                                      Department of Parks and Recreation
                                                                                      City and County of Honolulu

Received this 16th day of
December , 1987.

/s/ Raymond K. Pua
RAYMOND K. PUA, City Clerk