Oceanside Municipal Code Art. VII Motion Picture and Television Production

It is the policy of the City of Oceanside to permit the motion picture, television production, and still photography industries to utilize the variety of backdrops afforded within the City of Oceanside as locations for filming, video taping, or photographing for commercial purposes so long as the use of locations within the city does not unreasonably interfere with the public health and safety, unreasonably endanger any property, or unreasonably interrupt business or the community. It is the purpose of this article to provide for rules and regulations governing the issuance of permits for filming, video taping, or photographing on location within the city in order to ensure that motion picture, television companies, and commercial photographers wishing to use locations within the city will not be unduly restricted so long as their activities in this regard are not inconsistent with considerations of the public health and safety and the protection of property.

(Ord. No. 87-03, § 1, 1-28-87; Ord. No. 88-20, § 1, 5-25-88)

(a) News purposes as specified in this article shall mean: The filming or video taping for television news broadcasting by reporters, photographers or cameramen in the employ of a newspaper, new service or similar entity, of news events concerning those persons, scenes or occurrences which are in the news and of general public interest.

(b) Charitable purposes shall mean filming or video taping for motion picture or television production conducted by a nonprofit organization which qualifies under Section 170 of the Internal Revenue Code of 1954 as a charitable organization provided that no individual either directly or indirectly receives a profit from the production, marketing or showing of the films or tapes.

(c) Studios shall mean an established or fixed place of business where filming or video taping for motion picture or television production is regularly conducted upon the premises.

(d) Community access purposes shall mean programming which is produced for, by and about people within the community for the purpose of informing the community about local events and topics of general interest.

(Ord. No. 87-03, § 1, 1-28-87)

Except as otherwise provided in section 7.49, it shall be unlawful for any person to engage in the business or activity of photographic filming, video taping, or producing motion pictures on motion picture film or electronic video tape for public exhibition as motion pictures or for television, at any place within the city, other than at or in an established motion picture or television studio, without a permit from the city manager.

(Ord. No. 87-03, § 1, 1-28-87; Ord. No. 88-20, § 2, 5-25-88)

The provisions of this article shall not apply to:

(a) The filming or video taping of motion pictures solely for private or family use;

(b) The filming or video taping of motion pictures for use in a criminal investigation or civil proceeding;

(c) The filming, video taping or production of motion pictures for news purposes;

(d) The production of video programming for community access purposes by a nonprofit corporation which qualifies as tax exempt under federal and state tax laws, except in cases where said nonprofit corporation is engaged in a video production as a commercial venture.

(Ord. No. 87-03, § 1, 1-28-87)

The city manager shall furnish application for such permit. Such forms shall request the following information:

(a) Full legal name of the applicant;

(b) Business name of the applicant (if different);

(c) Business address and telephone of the applicant;

(d) Copy of insurance certificate;

(e) Location(s) of proposed filming or taping;

(f) Date(s) and time(s) of proposed filming or taping;

(g) Services of city employees desired or required on location during filming;

(h) Description of the scene(s) to be filmed or taped;

(i) Name of person in charge on location;

(j) Such other information as the city manager may deem necessary or desirable;

(k) Proof of financial responsibility.

(Ord. No. 87-03, § 1, 1-28-87)

Applications shall be presented to the city manager at least five (5) business days in advance of the time that the proposed filming, taping or production is to commence.

(Ord. No. 87-03, § 1, 1-28-87)

Before granting any permit pursuant to this article, the city manager shall first determine that such photographing, filming, or video taping for motion picture or television production will not unreasonably interfere with the public health and safety or unreasonably endanger any property. The city manager shall retain the authority to restrict or prohibit production on certain holidays or during public events on public property. In making this determination, the city manager shall take into consideration the noise, traffic hazards, fire hazards, and other health and safety problems that are likely to be caused by such activities; any such determination shall not be unreasonably withheld.

(Ord. No. 87-03, § 1, 1-28-87; Ord. No. 88-20, § 3, 5-25-88)

(a) If the city manager determines that any potential danger of health, safety or property would be eliminated by the presence of police or fire protection at the site of the filming or video taping for motion picture or television production, the city manager may grant the permit written upon condition that the permittee reimburse the city the costs of such police or fire protection as may be required.

(b) If the permittee desires to remove, change or use any public improvement, the permittee must obtain permission from the public services director and reimburse to the city any costs incurred as a result of returning the public site(s) to its original state or better. If restoration work is performed by the permittee, said work is subject to inspection and acceptance by the public services director or appointee of same.

(Ord. No. 87-03, § 1, 1-28-87)

The permittee shall, throughout the duration of this agreement, maintain comprehensive general liability and property damage insurance covering all operations hereunder of the permittee, its agents and employees, including but not limited to premises and automobile, with minimum coverage of one million dollars ($1,000,000.00) combined single limits. The risk manager and city attorney may impose higher limits pursuant to the activity requested. The police shall name the City of Oceanside as additional insured, and a certificate of insurance shall be furnished to the city clerk at 704 Third Street, Oceanside, CA 92054. Said policy shall provide thirty (30) days' written notice to the city clerk of the City of Oceanside of cancellation or material change. The permittee shall also carry workers' compensation insurance in statutory amount, evidence of which is to be furnished to the city in the form of a certificate of insurance.

(Ord. No. 87-03, § 1, 1-28-87)

The permittee agrees to indemnify and hold harmless the City of Oceanside against and from any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the city, and shall defend, indemnify and save harmless the city, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature including workers' compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the negligent or intentional acts. errors or omissions of the permittee or any of its officers, agents or employees.

(Ord. No. 87-03, § 1, 1-28-87)