Morro Bay Municipal Code Ch. 8.32 Permit Requirements for Commercial Motion Picture Productions,…

It is necessary to encourage commercial motion picture production, television production and still photography within the state of California. This chapter provides the basis for the regulations governing the issuance of permits for filming, videotaping, still photography and related activities on property owned, operated or administered by the city of Morro Bay. This chapter is intended to ensure that filming, videotaping and still photography is done in a manner consistent with protecting the public health and safety and public property.

(Ord. 370 § 1 (part), 1990)

A. "Charitable films" includes publicity announcements, motion pictures, television programs, videotapes or still photography produced by a nonprofit organization which qualifies under Section 501 (c)(3) of the Internal Revenue Code or Section 23701 of the California Revenue and Taxation Code as a charitable organization. If such a nonprofit organization is involved in charitable film making, videotaping or still photography, no person, directly or indirectly, may receive a profit from the marketing, production or showing of the films, videotapes or photographs.

B. "Film permit rider" means a minor addition, change or deletion to the film permit, as determined by the issuing agency.

C. "Issuing agency" shall be the city administrator or his designated representative.

D. "Location supervisor" means the city police officer or employee assigned to monitor actual filming or photography operations to insure permittee conformance with city ordinances, rules and conditions and ensure the safety of the general public.

E. "Motion picture production, television production and still photography" includes all activity attendant to staffing or shooting commercial motion pictures, television programs, television commercials and still photography.

F. "News media" includes regularly scheduled and special news programs, excluding commercials, magazine or documentary programs. Special news programs are those which are not preplanned and which are broadcast within twenty-four hours after the event.

(Ord. 370 § 1 (part), 1990)

Except as provided in Section 8.32.040, a person shall not use any city property in the city of Morro Bay for the purpose of motion picture production, television production or still photography without first applying for and receiving a film permit from the issuing agency. This prohibition shall not apply to use of public property which is indistinguishable from allowed general public use which does not interfere with public or city use of the property.

(Ord. 370 § 1 (part), 1990)

A. Charitable films produced by public entities or nonprofit organizations, as defined in Section 8.30.020 (A) of this chapter, and news media, as defined in Section 8.32.020 (F), are exempt from any permit fees established pursuant to this chapter.

B. Any applicant who submits a letter written on school letterhead by a school administrator or instructor stating that the applicant is currently enrolled in a recognized United States educational institution and that the film, videotape or photograph is not for commercial release is exempt from any permit fees established pursuant to this chapter.

C. This chapter does not apply to the filming or videotaping of motion pictures or the taking of still photographs solely for private use.

D. This chapter does not apply to reporters, photographers, cameramen or other persons engaged in on-the-spot broadcasting of news events for the news media.

(Ord. 370 § 1 (part), 1990)

A. The issuing agency is authorized and directed to promulgate policies, procedures and regulations governing issuance of film permits and film permit riders. The policies, procedures and regulations shall include provisions for personnel and property usage charges. The issuing agency may require that the film company include an appropriate credit to the city acknowledging the assistance provided in making the film pursuant to the permit.

B. To ensure cleanup and restoration of a site, the issuing agency may require an applicant to post cash or a certificate of deposit, amount to be determined by issuing agency at the time the application is submitted. On completion of all production activities and inspection of the site by the issuing agency, the cash or certificate of deposit may be returned minus any expenses incurred by the issuing agency for site cleanup or restoration.

The permit application shall be on a form furnished by the city and signed by the applicant or agent thereof. Such form shall include, but not be limited to, the following information:

A. Name, address, and telephone number of the production company;

B. Name, address, and telephone number of person in charge of filming on location;

C. Filming location(s), dates and approximate daily call times of proposed filming activity;

D. Description of scenes to be filmed, including details of any hazardous filming activity employing firearms, explosives, the use of open flame, other pyrotechnical effects, animals, stunts, filming of moving vehicles, watercraft or aircraft;

E. Description of the types and number of motor vehicles which will be parked on public streets, and description of any equipment to be placed on public property;

F. Evidence of adequate insurance coverage as required by Section 8.30.070;

G. The number of cast/crew to be present; and

H. Such other information as the issuing agency may require. (Ord. 370 § 1 (part), 1990)

The permittee shall defend, indemnify and save harmless the city, its officers, agents and employees from any and all claims, demands, damages, costs, expenses or liability occasioned by motion picture production, television production and still photography productions arising out of issuance of the permit, including but not limited to equitable relief, or any wrongful act or any negligent act or omission to act on the part of the permittee, or of agents, employees or independent contractors directly responsible to the permittee; providing further, that the foregoing shall apply to any wrongful acts, or any actively or passively negligent acts or omissions to act, committed jointly or concurrently by the permittee, the permittee's agents, employees or independent contractors.

(Ord. 370 § 1 (part), 1990)

A. Auto and Comprehensive General Liability Insurance. The permittee shall maintain in full force and effect, for the duration of the permit, automobile insurance and comprehensive general liability insurance with an insurance carrier satisfactory to the city, which insurance shall include protection against claims arising from personal injury, including death resulting therefrom, and damage to property resulting from any actual occurrence arising out of the issuance of the permit.

1. Amounts. The amounts of insurance shall not be less than the following: single-limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage or a combination thereof in an amount to be established by the issuing agency.

2. Endorsements. The following endorsements must be attached to the policy or policies:

a. If the insurance policy covers on an "accident" basis, it must be changed to "occurrence".

b. The policy must cover personal injury as well as bodily injury.

c. Broad form property damage liability must be afforded.

d. The city of Morro Bay, its officers, employees and agents, shall be named insured under the policy and the policy shall stipulate that the insurance will operate as primary insurance and that no other insurance effected by the city will be called upon to contribute to a loss hereunder.

e. Contractual liability either on a blanket basis or by identifying the permit within a contractual liability endorsement.

f. "Cross-liability" such that each insured is covered as if separate policies had been issued to each insured.

B. Worker's Compensation and Employers' Liability Insurance. In accordance with the provision of Section 3700 of the Labor Code of the State of California, the permittee is required to be insured against liability for Workers' Compensation or to undertake self-insurance. The permittee shall agree to comply with such provisions before commencing the motion picture, television or still photography production on county property.

C. General Requirements. The following requirements apply to all insurance to be provided by the permittee:

1. The permittee shall provide insurance endorsements prior to commencement of the production allowed by the permit. Insurance endorsements are necessary before a permit will be issued.

2. Endorsements shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty days prior written notice to the city.

3. Approval of the insurance by the city shall not relieve or decrease the extent to which the permittee may be held responsible for payment of damages resulting from motion picture, television or still photography production on city property allowed by the permit.

4. If the permittee fails or refuses to procure or maintain the insurance required by this section, or fails or refuses to furnish the city with required proof that insurance has been procured and is in force and paid for, the city shall have the right, at the city's election, to forthwith revoke the permit.

(Ord. 370 § 1 (part), 1990)

The issuing agency shall:

A. Coordinate with city departments, agencies and districts for the approval and issuance of facility usage permits required to film, videotape or photograph on their respective city property;

B. Collect all appropriate charges and fees;

C. With the assistance of the appropriate city departments, agencies and districts, monitor the activities of permittees to assure compliance with permit requirements; and

D. Perform such other duties as may be prescribed by the city council.

(Ord. 370 § 1 (part), 1990)

The issuing agency, within its sound discretion, may deny granting a film permit or a film permit rider for any reasonable cause if it is contrary to the public health, safety or welfare, or if the issuing agency determines that the requested activities may unreasonably interfere with the normal operation or use of the property.

(Ord. 370 § 1 (part), 1990)

Applications for a film permit must be filed with the issuing agency a minimum of two business days in advance of the date the film activity is to begin; except that an application for a permit which includes traffic controls exceeding three minutes, minor stunts, minor special effects shall require a minimum of four working days notice, and those which include street closures, major stunts or pyrotechnics must be filed a minimum of ten business days in advance of the first day of filming.

(Ord. 370 § 1 (part), 1990)

The issuing agency may condition the issuance of a film permit by imposing reasonable requirements concerning the time, place, manner and duration of filming activities as referenced and attached to the film permit, including but not limited to, the following:

A. Requirements for the presence of employees of the city at the applicant's expense, when required for the particular filming activity;

B. Requirements concerning posting of no-parking signs, placement of traffic-control devices, and employment of traffic-control and crowd-control monitors at the applicant's expense;

C. Requirements concerning posting of the outer boundaries of the filming activity, and providing advance notice to affected property owners/businesses and tenants;

D. Requirements concerning the cleanup and restoration of public streets and city property employed in the filming activity;

E. Restrictions concerning the use of city or other public agency employee services, vehicles and other equipment in the filming activity;

G. Restrictions on the use of firearms, explosions and other noise-creating or hazardous devices which disturb the peace;

H. Restrictions on the use of stunts involving pyrotechnics, open flame, vehicle crashes or other hazardous materials;

I. Requirements concerning cover-up of police, fire and other official uniforms worn by actors, when the actors are not on camera;

J. Restrictions concerning the use of the city's and other public agencies' logos, insignias, badges or decals for filming purposes;

K. Restrictions on the locations and/or daily hours the filming activity may be conducted within the city; and

L. Restrictions on use of water for special effects to non-potable or other non-city sources.

(Ord. 370 § 1 (part), 1990)

Upon reasonable written notice by the permittee in advance of the filming activity, the issuing agency is authorized to change the date for which the film permit has been issued without requiring a new application or permit. The permittee shall show good cause for such a change if requested.

(Ord. 370 § 1 (part), 1990)

The permittee may request that the issuing agency authorize a street closure on the film permit for specified time(s) and location(s). The issuing authority may authorize such a closure in conformance with the city engineer's requirements to include partial or full closure for limited periods of time, detours proposed and advance warning signs/traffic control devices.

(Ord. 370 § 1 (part), 1990)

During the filming of any special effect or stunt requiring the use of pyrotechnics or any material deemed hazardous, including but not limited to fireworks, open flames or explosives, the applicant shall obtain a fire permit from the city fire department.

(Ord. 370 § 1 (part), 1990)

In conformance with Section 10.28.190 of this code, filming of vehicles on city beach property is prohibited unless specifically permitted by the issuing agency. Support vehicles to deliver or pick up filming equipment and filming of static vehicles may be permitted. All other vehicle uses on city beach property are prohibited.

(Ord. 370 § 1 (part), 1990)

In conformance with this code, a permit for aircraft or helicopter landing shall be obtained as set forth in Chapter 8.30 should filming from an aircraft or helicopter be requested. Aircraft use may be permitted by the issuing agency in accordance with Federal Aviation Administration (FAA) guidelines.

(Ord. 370 § 1 (part), 1990)

Filming shall not be permitted under any circumstances in any environmentally sensitive habitat as identified pursuant to Section 17.14.080 of this code.

(Ord. 370 § 1 (part), 1990; Ord. No. 654, § 7, 11-22-22)

Use of city parks, open space or facilities may be permitted by the issuing agency as found in Section 2.24.150 of this code.

(Ord. 370 § 1 (part), 1990)

The location supervisor may immediately suspend the film permit if the permittee, or any agent, employee or contractor of the permittee, fails to comply with the requirements of this chapter or when the filming activity poses an immediate hazard to persons or property and the permittee will not, or cannot, prevent the hazard after being instructed to do so by the location supervisor.

(Ord. 370 § 1 (part), 1990)

The issuing agency may revoke the film permit if the permittee, or any agent, employee or contractor of the permittee, fails to comply with the requirements set forth in this chapter, harasses endangered wildlife, or when it is determined that the permit application was false in any material detail.

(Ord. 370 § 1 (part), 1990)