Port Hueneme Municipal Code Part M Motion Picture, Television and Photographic Production

This Chapter shall be known as the Motion Picture, Television and Photographic Production Ordinance of the City of Port Hueneme.

For purposes of this Chapter "Motion Picture, Television and Photographic Production" means all activity attendant to staging or shooting (video taping or filming) commercial motion pictures, television shows, programs or commercials, and to the taking of single or multiple photographs for sale or use for a commercial purpose where the photographer sets up stationary equipment on public or private property or the public right-of-way in any one location for longer than five consecutive minutes.

No person shall use any public right-of-way, or any public or private property, facility or residence for the purpose of producing, taking or making any commercial motion picture, television or photographic production as defined in Section 01 without a permit issued pursuant to the provisions of this Chapter.

The provisions of this Chapter shall not apply to the following:

A. Current news productions, which includes reporters, photographers or cameramen in the employment of a newspaper, news service, broadcasting station or similar entity engaged in the broadcasting of news events.

B. Production which are conducted within legally established commercial motion picture/ television/ still photography studios.

Any person desiring a permit under the provisions of this Chapter shall make application on the appropriate form provided by the City Recreation and Community Service Office, The completed application shall be submitted at least five (5) working days prior to the date on which such person desires to conduct an activity for which a permit is required.

Each application shall be accompanied by:

A. A use fee in an amount established by Council resolution. The use fee shall be waived for charitable and nonprofit organizations which qualify under Section 501(c)(3) of the United States Internal Revenue Code.

B. A daily administrative reimbursement and property use fee in an amount established by resolution of the City Council to reimburse the City for the staff time required to evaluate the application and establish conditions of approval and to monitor the activity, as well as to compensate the City for the use of public property and its unavailability for ordinary and usual purposes resulting from the filming activity. The administrative reimbursement and property use fee shall be waived for:

1. Productions for wholly charitable or educational purposes and from which no profit is derived, either directly or indirectly;

2. Student filming.

3. Productions conducted wholly on private property where no vehicles (including vehicles of crew members and employees) or equipment are parked or stored on public property or rights-of-way, where vehicles and equipment do not displace onto the public right-of-way vehicles ordinarily parked on private property and where no traffic control measures are required.

The City Manager or his designee shall issue a permit as provided for in this Chapter when, from a consideration of the application and from such other information as may be otherwise obtained, he finds that:

A. The conduct of such activity will not unduly interfere with traffic or pedestrian movement or endanger public safety and that no streets will be completely closed to traffic for an unreasonable period of time.

B. The conduct of such activity will not unduly interfere with normal governmental or City operations, threaten to result in damage or detriment to public property, or result in the City incurring costs or expenditures in either money or personnel not reimbursed in advance by the applicant.

C. At the determination of the City Public Works Department, Department of Recreation and Community Services, Police Department, and the Ventura County Fire Department, that the condition of such activity will not constitute a fire hazard or any other type of hazard and all proper safety precaution will be taken as determined by the heads of the aforementioned departments or their designee.

The decision of the City Manager to issue, conditionally issue, or not issue a permit shall be final unless appealed in writing within five working days of the decision by requesting a hearing of the City Council at the next available meeting.

If deemed necessary by the City Manager, additional police, code enforcement, fire, and other City services shall be provided for the purpose of protecting, assisting and regulating the proposed activity. The cost of providing such additional services shall be paid in advance to the City by the applicant. Any additional City services will be provided/coordinated through the City Manager or his designee.

The City shall require, as a condition of issuing such a permit, that the applicant furnish insurance in the amount of one million dollars to protect the City against claim of third persons for personal injury, wrongful death and property damage and to indemnify the City for damage to City property arising out of the permittee's activities. An additional five million dollars of such general liability insurance coverage shall be required in the event aircraft or helicopters are used in the activity. A copy of the policy will remain on file with the application. The City and its officers and employees shall be named as additional insureds under the policy, which shall not be subject to cancellation without thirty (30) days written notice to the City. Applicants shall also submit verification that adequate Worker's compensation insurance coverage is maintained.

The applicant shall execute a hold harmless agreement as provided by the City prior to the issuance of any permit.

The applicant shall comply with any conditions or restrictions the City may impose as a condition to issuing a permit. No changes shall be made without first obtaining the approval of the City Manager or his designee.

The applicant shall conduct operations in an orderly fashion with continuous attention to the storage of equipment not in use and the cleanup of trash and debris. The area used shall be cleaned of trash and debris to the City's satisfaction within such time as determined by administrative regulation. Applicant shall be responsible for restoring any area damaged or disrupted before leaving the site. If the site is not repaired or restored to the City's satisfaction, the City Manager shall have the necessary restoration and/or repairs performed and applicant shall pay the cost of such repair, restoration or clean-up to the City within ten days of completing filming. Applicant shall also pay to the City within this time the cost of any charges for the use or restoration of any utilities, services, equipment, facilities or required standby employees which was not charged in advance.