Filming By-law, 2024

Filming By-law, 2024
This is the latest version of this By-law.
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Cape Town
South Africa

Filming By-law, 2024

To repeal the City of Cape Town By-law relating to Filming 2005, to provide for the regulation of filming activities on private and public property; to enable an environment for the development of the filming sector within the jurisdiction of the City of Cape Town and to provide for matters connected therewith.

Preamble

WHEREAS Section 156 of the Constitution, read with local government matters listed in Part B of Schedule 4 and Part B of Schedule 5 of the Constitution, empowers a municipality with the authority to make by-laws for the effective administration of the matters that it has the right to administer and authorises the exercise of any power concerning a matter reasonably necessary for, or incidental to the effective performance of its functions;WHEREAS the City aims to balance economic activities such as filming with other rights contemplated in Chapter 2 of the Constitution;WHEREAS the City seeks to strike a balance between facilitating the growth and development of the industry while safeguarding the rights and interests of the City's residents and thereby intends to regulate short term public nuisances linked to filming;WHEREAS the City recognises the important role that filming plays in the economy of Cape Town and wishes to promote the human right of freedom of expression and is committed to simplifying permission processes in relation to filming within its jurisdiction; andWHEREAS the City intends to provide a one-stop accessible facility for the processing of applications for filming while acting within the parameters of the Constitution and existing applicable legislation;AND NOW THEREFORE, BE IT ENACTED by the Council of the City of Cape Town, as follows:—

1. Definitions

In this By-Law, unless inconsistent with the context—"applicant" means a natural or juristic person who applies for permission to conduct filming activities in the City;"abutting or affected properties" means properties that share a common boundary or properties in close proximity that, while not sharing a common boundary, may be impacted by film-related activity;"authorised official" means an employee of the City responsible for carrying out any lawful duty or function or exercising any lawful power in terms of this By-law and includes an employee delegated to carry out or exercise such duties, functions or powers, which includes:(a)A member of the Cape Town Metropolitan Police Department established in terms of section 64A of the South African Police Service Act, 1995 (Act No. 68 of 1995);(b)A traffic officer appointed in terms of section 3A of the National Road Traffic Act, 1996 (Act No. 93 of 1996);(c)A law enforcement officer declared to be a peace officer in terms of section 334(1)(a) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977); and(d)A member of the South African Police Service (SAPS);"City" means the City of Cape Town, a municipality established by the City of Cape Town Establishment Notice No. 479 of 22 September 2000, issued in terms of the Local Government: Municipal Structures Act, 1998, or any structure or employee of the City acting in terms of delegated authority;"filming"(a)means:(i)the preparation of public and private property for the recording of sound and images as well as the recording of sound and images moving or still, whether on film or video tape, electronically, digitally or by any other means and includes all activities related to the filming location where there is an impact on public or private property and which may require the services of the City, or may have any adverse implications for public safety, the environment and local communities;(ii)student film projects where there is an impact on public property, which may require the services of the City or may have any adverse implications for public safety, the environment and local communities;(iii)the recording of digital media on public property on mobile devices such as smartphones, tablet computers, handheld cameras for the creation or sharing of information via virtual communities and social networks for commercial gain; but(b)excludes(i)the recording of a private wedding ceremony or other private celebration or event for the purpose of making a recording thereof for its participants for private purposes;(ii)electronic news gathering or the recording of current affairs or news for immediate broadcast or release;(iii)the recording of digital media on mobile devices such as smartphones, tablet computers and handheld cameras for personal use where there is no impact on the public or any public amenity; and(iv)purpose-built film facilities and other film suitable facilities, including filming facilities at educational institutions, where there is no need for City services or impact on the public or any public amenity;"film permit" means a written permission, with conditions, granted for filming by the City in terms of this By-Law;"Film Permit Office" means the unit responsible for coordinating film permit applications, coordinating the approval and rejection of filming and film-related activities in accordance with this By-law, applicable legislation, as well as the City's legal and operational requirements and for issuing of film permits with appropriate conditions;"film shoot" means the process or activity of filming, photographing or recording of sound and images for the production of film material or digital media for commercial productions or documentaries and includes the preparation of property for filming;"film suitable facility" means a film studio or any other facility or premises designed and built or converted for filming activities with all necessary approvals from the City, including any sound stage or backlot adjoining such facility, and includes filming facilities at educational institutions;"impoundment costs" means all costs incurred by the City in impounding and storing property impounded in terms of this or any other applicable by-law and, where applicable, the costs incurred as a result of the disposal or releasing of the impounded property and any other associated costs;"location" means any area or place, used for filming activity other than a film studio or film-suitable facility, or any sound stage or backlot adjoining a film studio or purpose-built film facility. This area or place may be erected or demarcated by temporary or permanent structures;"permit holder" means a person, whether natural or juristic, or their representative, that has been granted a film permit to conduct filming in terms of this By-law;"person" means any natural person or juristic person recognised by law as the subject of rights and duties;"public place" includes—(a)any public road, parking area, square, park, recreation ground, sports ground, sanitary lane, open space, beach, shopping centre on municipal land, unused or vacant municipal land or cemetery, or any protected or conservation area owned or managed by the City which has—(i)been provided, reserved or set apart for use by the public; or(ii)been dedicated to the public; and(b)public transportation operated by service providers for the City,but does not include public land that has been leased to a 3rd party by the City;"purpose-built film facility" means a place, studio, facility, or property designed and built or converted for filming activities, including any sound stage or backlot adjoining such facility, with all necessary approvals from the City; and"shoot type" means a micro, small, medium, large or very large filming activity as described in Schedule 1.

2. Application

This By-law applies to all filming activities undertaken within the jurisdiction of the City of Cape Town.

3. Exemptions

(1)Film suitable facilities & purpose built facilities within the jurisdiction of the City, are exempted from having to apply for film permits, except when filming activities spill outside of the erf boundaries of any such facility or onto any public place or there is a need for City services.
(2)The following types of filming activities do not require a film permit:
(a)The filming of private wedding ceremonies, or other private celebrations or events for the purpose of making a recording thereof for its participants for private purposes where there is no impact on the public or a public place and there is no need for any City services.
(b)Electronic news gathering and the recording of current affairs or news for immediate broadcast or release; and
(c)The recording of digital media on mobile devices such as smartphones, tablet computers, handheld cameras for personal use where there is no impact on the public or a public place and there is no need for any City services.
(3)An applicant applying for a micro shoot permit in terms of Schedule 1 is exempt from having to submit proof of no objections to filming to the City.

4 Requirements for filming in Cape Town

(1)Any person or production company who intends to conduct filming within the jurisdiction of the City must—
(a)register with the Film Permit Office; and
(b)apply to the City for a permit to conduct filming, in terms of Section 5.
(2)The City may require payment of a fee before considering an application to conduct filming.
(3)The applicant must provide proof to the satisfaction of the City of—
(a)appropriate indemnity cover to cover all film-related activities; and
(b)appropriate specialised risk insurance and blanket liability or cover where the filming activity—
(i)will involve stunts, special effects, explosives or similar activities, cranes, drones or unmanned aerial vehicles or any other apparatus or equipment requiring special permissions in accordance with applicable legislation; and
(ii)will occur in sensitive areas such as conservation areas, heritage areas, or any area identified as environmentally sensitive through legislative processes.
(4)Where filming takes place on land that falls under the authority of another organ of state or on land owned by a private management company, a permit or written approval must first be obtained from such organ of state or private management company prior to submitting an application to film to the City.

5. Application for a film permit

(1)Subject to the exemptions set out in section 3, no person may conduct filming within the jurisdiction of the City without a film permit from the City.
(2)An application for a film permit to conduct filming must be submitted to the City
(a)after registration in terms of section 4; and
(b)in accordance with the application requirements for different shoot types as set out in Schedule 1 prior to the commencement of the intended filming activities.
(3)The submitted film permit application must include—
(a)the name, address, electronic mail address, telephone contact numbers and occupation of the applicant;
(b)details of the production company to which the application relates;
(c)particulars and contact details of the person who will be in charge of the actual filming;
(d)an alternative forwarding address within the jurisdiction of the City of Cape Town for the receipt of any notices, accounts or correspondence;
(e)details of the location, associated base camps and parking requirements of intended filming activity, the proposed dates and times, the number of people and vehicles linked to the filming project and general details of the purpose of the intended filming;
(f)a detailed description of the filming activities and the apparatus to be used, which may include:
(i)devices or equipment that may cause light, noise or air pollution;
(ii)generators, energy transformers or converters;
(iii)vehicles, cranes, any other apparatus or devices, unmanned aerial vehicles, drones or similar devices requiring special permissions in accordance with applicable legislation;
(iv)temporary structures, tripods or dollies, specialised rigs or equipment; or
(v)special effects, stunts, explosives or simulated gunfire;
(g)details of any foreign material, including animals, plants, fish, soil or similar material not endemic to the location to be used; and
(h)details of the number and species of animals or livestock to be used during the proposed filming activities.
(4)The applicant must inform the City of any changes, new developments or any relevant information pertaining to the shoot or its impact.
(5)The City may accept, modify or refuse to consider an application for a film permit.
(6)The City may impose additional application requirements to be fulfilled by the applicant during the film permit application process that may include:
(a)provision of additional production information such as country of origin, estimated budget spend in city, estimated local job opportunities created, etc.; and
(b)additional application requirements relating to filming in conservation areas, heritage areas, greenbelts or any area identified as environmentally sensitive through legislative processes.

6. Community consultation

(1)A person who intends to apply for a permit to film at a location must, once a location has been confirmed, deliver a written notice of intention to undertake filming at such location to the occupiers of abutting and affected properties in terms of subsection (2) before submitting an application for filming to the City.
(2)The written notice of intention to undertake filming must—
(a)be in a format approved by the City;
(b)communicate the intention of the applicant to submit an application for permission to conduct filming activities at a particular address, location or area;
(c)provide the occupiers of abutting and affected properties an opportunity to declare on the prescribed form that they have no objection to the intended filming;
(d)advise the occupiers of the abutting and affected properties of their right to submit any objections to the City;
(e)contain the name and contact details of the production company; and
(f)contain the dates, times and details of the intended filming activities.
(3)Where the occupiers of abutting and affected properties cannot be reached a person who intends to apply for a film permit to film must demonstrate to the Film Permit Office that reasonable steps have been taken to contact such occupiers.
(4)The proof of notification or consultation with occupiers of abutting and affected properties obtained in accordance with Schedule 1 must be submitted to the City's Film Permit Office at the time of submission of the application for filming.
(5)Occupiers of abutting and affected properties impacted by intended filming activity may submit an objection to the intended filming directly to the Film Permit Office for consideration during the film permit application decision-making process.
(6)The Film Permit Office will inform an objector in writing of the outcome of the objection.
(7)The City may require further consultation between the production company, and the occupiers of abutting and affected properties, prior to the film permit being issued should there be any changes, new developments or information pertaining to a shoot or its impact once an applicant has confirmed the use of any location.

7. Criteria for assessing applications

(1)The City when considering an application and determining conditions as contemplated in section 4(6), must assess—
(a)the duration and location of the filming activity;
(b)whether the filming activity has the potential to cause unreasonable disturbance or harm in the form of noise, light or pollution to any person or location including residential areas, conservation areas, heritage areas, or any area identified as environmentally sensitive through legislative processes.;
(c)whether the filming activity would unreasonably interfere with or disrupt normal activities in a public place or have a negative impact on—
(i)general traffic in public places;
(ii)pedestrian traffic in public places;
(iii)public parking;
(iv)access to any private property;
(v)municipal property or infrastructure;
(vi)the natural environment, or
(vii)safety of members of the public;
(d)the potential impact of the filming activity on the surrounding community;
(e)whether the occupiers of abutting and affected properties have been given notice of the intended filming; and
(f)any objections from occupiers of abutting and affected properties.

8. Decisions on film permits

(1)The City must approve or decline an application for a film permit submitted in accordance with Section 5 read with Schedule 1, and may impose conditions with the issuing of the permit.
(2)The City may amend a permit issued in terms of subsection (1) where the circumstances require it.
(3)The City may, at its own discretion at any time, amend any film permit, any condition on any film permit, or revoke a film permit in its entirety where the filming activity has the potential to—
(a)contravene any legislation;
(b)cause harm or injury to, persons or animals on location or members of the public;
(c)damage City property or infrastructure;
(d)negatively impact the natural environment or heritage or cultural resources;
(e)interfere with any City services or operations; or
(f)cause or contribute to circumstances which may create an emergency or an urgent need for City intervention or services.
(4)If an application for a film permit has been declined the City must provide the applicant with—
(a)written reasons for declining the application;
(b)notification of their right, in terms of section 12, to appeal the decision to decline the application, and
(c)information relating to the procedures and timeframes within which to lodge an appeal against the decision to decline their application for a film permit.
(5)Where there are time constraints or where there is a need for urgent communication in terms subsections (3) or (4) a notice may be served on the permit holder in the form of an appropriate electronic notification to the email address and contact number provided in the application form.
(6)The issuing of a film permit by the City does not exonerate the applicant from having to apply for any other permission in terms of any other law.
(7)A film permit issued in terms of this By-law is not transferable.

9. Enforcement

(1)The City may take any steps necessary to ensure compliance with this By-law, or any notice issued in terms of it, which may include—
(a)entry into the any property in order to investigate and enforce any matter related to this By-law;
(b)cancellation and withdrawal of the film permit;
(c)stopping any filming activities;
(d)imposing a fine; or
(e)seizing and impounding, without a warrant, any goods, vehicles or equipment used in the contravention of the By-law.

10. Compliance notices

(1)The City may serve a compliance notice on a permit holder or any other person on the film set if there are reasonable grounds for believing that the provisions of the By-law, or any conditions imposed with the issuing of the permit, are being contravened.
(2)A compliance notice served in terms of subsection (1) must—
(a)describe the conduct constituting a contravention of this By-law;
(b)state the provision of the By-law that is being contravened or the condition that is not being complied with;
(c)state that the contravention constitutes an offence and state the penalty for such contravention;
(d)state the measures that must be taken to rectify the contravention;
(e)where relevant, instruct the permit holder or other person to stop all filming activities and remove all props and equipment;
(f)state the time period within which the notice must be complied with;
(g)inform the permit holder that goods, equipment, props and any other filming apparatus may be impounded if the compliance notice is not complied with;
(h)inform the permit holder or other person that no filming activities will be allowed until the measures required in terms of 10(2)(d) have been complied with; and
(i)state that failure to comply with the compliance notice will constitute a second offence and indicate the penalty for not complying with the compliance notice.
(3)A compliance notice is sufficiently and effectively served on the permit holder
(a)when it has been delivered personally to the site where filming is taking place;
(b)when it has been left at the permit holder's place of residence or business in the jurisdiction of the City with a person who is apparently over the age of 16 years of age;
(c)when it has been placed in a conspicuous place on the property to which it relates; or
(d)when it has been delivered to the forwarding address or email address of the permit holder provided to the City in terms of section 4(3)(a) of this By-law.
(4)Where there are time constraints or where there is a need for urgent intervention a compliance notice may be served on the permit holder in the form of an appropriate electronic notification to the email address and contact number provided in the application form provided that a copy of the compliance order is also delivered to the permit holder in terms of subsection (3).
(5)Any person who fails to comply with a compliance notice issued in terms of subsection (1) is guilty of an offence in addition to the contravention and may be fined in terms of section 12.

11. Right of appeal

(1)A person whose rights are affected by a decision taken by an authorised official may appeal against that decision.
(2)An appeal in terms of 11(1) must be lodged in writing in terms of Section 62 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000), within 21 days of the notification of the decision.

12. Offences and penalties

(1)A person is guilty of an offence if the person
(a)contravenes any provision of this By-law;
(b)fails to comply with a condition imposed in terms of this By-law;
(c)fails to comply with a compliance notice issued in terms of this By-law or disobeys any instruction by an authorised official enforcing this By-law;
(d)threatens, resists, interferes with or obstructs any authorised official in the performance of their official duties or functions in terms of this By-law; or
(e)interferes with, obstructs, seeks to unreasonably demand compensation (both monetary or in kind), or wilfully cause delays to filming activities carried out by a person holding a lawful permit issued in terms of this By-law.
(2)A person guilty of an offence in terms of this By-law is liable to a fine, and upon conviction, to a period of imprisonment not exceeding two years, or to both such fine and imprisonment.
(3)The City may take action against a person or permit holder on whom a notice was issued in terms of sections 8 or 10, and the City may take the necessary steps to implement such notice at the expense of such person or permit holder.
(4)The City may decline to consider applications for filming
(a)for a period of up to 3 months where a person has been found by the City to have contravened the conditions of a film permit; and
(b)for a period of up to 6 months where a person has been convicted of an offence in terms of this By-law.

13. Impoundment

(1)The authorised official may, in line with City policies and procedures, impound any vehicles, goods or equipment used in filming activities undertaken in contravention of this By-law or any conditions imposed or notices issued in terms of sections 8 and 10 of this By-law.
(2)The authorised official, at the time of the impoundment, must give the holder of the seized and impounded vehicles, goods or equipment a copy of a notice setting out—
(a)the reason for the impoundment including the provisions of the By-law that were contravened;
(b)the details, description and the condition of the vehicles, goods and equipment being impounded;
(c)the address and contact details of the designated pound where the impounded items will be held;
(d)the terms under which impounded goods may be released which must include the payment of any fines and any impoundment costs;
(e)the possibility of the impounded vehicles, goods or equipment being forfeited to the City and sold to recover costs should the impounded vehicles, goods and equipment not be retrieved within 3 months, and
(f)the name and contact details of the authorised official to whom any representation regarding the impoundment may be made.
(3)The authorised official responsible for the release of goods from the designated pound may waiver conditions for the release of impounded items upon receipt of written representations.
(4)Subject to subsection (5) vehicles, goods and equipment impounded by the City in terms of subsection (1) will be forfeited to the City if not collected within 3 months of—
(a)the date of impoundment, or
(b)the conclusion of the matter's prosecution.
(5)Subject to subsection (8), impounded vehicles, goods or equipment may only be released to the permit holder—
(a)where proof of payment for all fines, impoundment costs, transport, storage and related costs is produced; or
(b)upon the conclusion of the matter's prosecution.
(6)The City may sell, donate or destroy any vehicles, goods or equipment not collected in accordance with subsections (4) and (5).
(7)The City may, upon the owner's written application, extend the storage period before the end of the three-month period referred to subsection (4) provided that extension is not granted more than twice.
(8)The City is not liable to any third party for any hired items or equipment that is impounded in terms of subsection (1).
(9)Vehicles, goods or equipment impounded in terms of subsection (1) that is owned by a third party may be released to such third party, subject to subsection (5)(b), upon provision of proof of—
a)ownership via a valid agreement between the third-party owner and the permit holder; and
b)payment of all impoundments, transport and storage costs of the impounded vehicles, goods or equipment.

14. The City may act and recover costs

(1)Notwithstanding any other provision of this By-law, the City may—
(a)take measures and act to recover costs it considers appropriate to remedy the situation where a person or permit holder
(i)has caused damage to City property or infrastructure; or
(ii)on whom a compliance notice was issued under section 10 fails to comply, or has inadequately complied with a compliance notice; or
(b)recover costs, in terms of its Credit Control and Debt Collection Policy and its Credit Control and Debt Collection By-law, for all measures and costs incurred as a result of enforcing compliance with the By-law.

15. Indemnity

The City or any authorised official is not liable to a third party for any damage caused by anything lawfully done or omitted by the City or any authorised official in carrying out any lawful function or duty in terms of this By-law.

16. Transitional measures

Applications received prior to the promulgation of this By-law will be processed in terms of the City of Cape Town By-law relating to Filming, 2005.

17. Repeals

The City of Cape Town By-law relating to Filming, 2005, as promulgated in Provincial Gazette No. 6277 on 24 June 2005, is hereby repealed.

18. Short title

This By-law is called the City of Cape Town: Filming By-law, 2024 and comes into operation on a date to be determined by proclamation in the Provincial Gazette.

Schedule 1

Shoot TypeShoot Size/DescriptionConditionsApplication requirementsConsultation/Notification requirements (Prior to submission of permit application)
Micro Shoot1 - 3 vehicles or 8 or less cast & crew and duration of 1 daysmall, mobile shootsno road closuresno generators,hand-held lights only,no structures, sets, platformsno heavy vehicles (trucks and/or cranes)no animals / livestockno plants, greens, soil or foreign material brought onto locationNo special effects2 working days prior to shoot dayNB - if the location is within a protected area, or conservation area, the timeframes for a medium shoot (5 working days) will apply.* No requirement for the delivery of Notice of intention for filming to adjacent properties.
Small Shoot4 - 6 vehicles or9 - 15 cast & crewsmall stills shoots /commercialssmall pick-up shotsminimal generators, lights, structuresno special effects and/or stuntsno road closures2 working days prior to shoot dayNB - if the location is within a protected area, or conservation area, the timeframes for a medium shoot (5 working days) will apply.* subject to nature and impact of shoot** Community notification/ consultation may be required, and if required, the type and extent of notification/consultation is to be determined by the City.• Proof of delivery of Notice of intention for filming to abutting and affected properties to be submitted to Film Permit Office
Medium Shoot7 -15 vehicles or 16 - 30 cast & crewbig stills shoots, small commercials & featuresminor/moderate generators, lights, sets, structuresminor special effects and/or stuntstraffic assistance requiredminor lane/road closuresminimal noise impact, early morning or night shoots**NB - with major lane/road closures, diversions, Civil Aviation Authority or other approvals, etc. Large Shoot timeframes become applicable5 working days* prior to shoot day* Subject to nature and impact of shootRemote Base camp may be required if shoot is in a residential area or in a sensitive location such as a protected area or conservation area.detailed film schedule to be submitted when filming over multiple days or multiple locations* Subject to nature and impact of shoot** Community notification/ consultation may be required, and if required, the type and extent of notification/ consultation is to be determined by the City.* Proof of delivery of Notice of intention for filming to abutting and affected properties to be submitted to Film Permit Office
Large Shoot16 - 30 vehicles or 30-60 cast & crewlarge stills shoots, commercials, features *moderate/substantial generators, lights, sets, structuresspecial effects and/or stuntstraffic assistance requiredmajor lane/road closures, diversions, etc.moderate noise impact, early morning or night shoots**NB - with major lane/ road closures, diversions, Civil Aviation Authority or other approvals, etc. Very Large Shoot time frames will become applicable5+ working days* prior to shoot day* Subject to nature and impact of shootA shoot schedule may be requiredTraffic diversion plan/s may be requiredRemote Base camp may be required - especially if shoot is in a residential area or in a sensitive location such as a protected area or conservation area.** Community notification/consultation may be required by the City and if required, the type and extent of consultation is so to be determined by the City.Proof of delivery of Notice of intention for filming to abutting and affected properties to be submitted to Film Permit Office
Very Large Shoot31 or more vehicles; or 61 or more cast & crewVery large, high-impact shoots, commercials & features*Extensive generators, lights, sets, structureslarge special effects and/or stuntstraffic assistance requiredmajor lane/road closuresconsiderable noise impact, early morning or night shoots**NB - with major lane/ road closures, diversions, Civil Aviation Authority or other approvals, etc. additional planning time may be required.10+ working days* prior to shoot day* Subject to nature and impact of shootA shoot schedule may be required;Traffic diversion plan/s requiredRemote Base camp may be required - especially if shoot is in a residential area or in a sensitive location such as a protected area or conservation area.** Community consultation may be required by the City and if so required, the extent of consultation is so to be determined by the City.* Proof of delivery of Notice of intention for filming to abutting and affected properties to be submitted to Film Permit Office.

History of this document

01 November 2025
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