Seal Beach Municipal Code Ch. 5.35 Filming Activities

For the purpose of this chapter, the following words and phrases shall mean:

Film Development Office:

city personnel designated by the city manager to process film permit applications.

Filming Activity:

all activity attendant to the staging and recording of commercial advertisements, motion pictures or television programs.

(Ord. 1515)

It is unlawful for any person to conduct filming activity on city property without first obtaining, and continuing to maintain in full force and effect, a film permit for such activity.

(Ord. 1515)

A film permit application shall be submitted to the film development office. The application consists of the application fee and the following:

A. A city-provided application form.

B. A city-provided indemnification agreement.

C. Written proof of insurance.

(Ord. 1515)

A. Decision. The film development office shall, within 10 city business days of the filing of an application, approve and issue the film permit if there are no grounds for denial; otherwise the permit shall be denied. Notice of the approval or denial of the permit shall be given to the applicant in writing. If the application is denied, the film development office shall attach to the notice a statement of the reasons for the denial. The times set forth in this section shall not be extended except upon written consent of the applicant.

B. Grounds for Denial. The film development office may deny an application for a film permit on any of the following grounds:

1. Failure to submit a complete application.

2. Knowing submission of a misleading or false statement of material fact.

3. The proposed filming activity will unduly interfere with governmental operations, pedestrian movement, vehicular traffic, or a previously scheduled activity.

(Ord. 1515)

The film development office may approve a film permit subject to compliance with content neutral conditions regarding the time, place and manner of the filming activity as deemed necessary to protect the public health, safety and welfare.

(Ord. 1515)

Film permit recipients shall submit a cash or bond security deposit to guarantee prompt restoration of city property used in connection with the filming activity. The amount of such bond shall be determined by the film development office based solely on the city property involved and the size of the filming activity.

(Ord. 1515)

A. Requirement. On or before commencement of any filming operations, the permittee shall submit to the city manager certificates confirming the procurement of liability and workers' compensation insurance in accordance with this section from companies authorized to transact business in the state.

B. Liability Insurance. The policy of liability insurance shall:

1. Be issued by an insurer with a current rating A.M. Best's rating of A:VII or better.

2. Name the city and its officers, agents and employees as additional insureds.

3. Be primary and provide that any insurance maintained by the city shall be excess insurance.

4. Indemnify for all liability for personal and bodily injury, death and damage to property arising from activities conducted in connection with the filming operations.

5. Provide coverage for:

a. Negligent acts or omissions of the permittee and the agents, servants and employees thereof, committed in the conduct of filming operations.

b. Provide a combined single limit liability insurance of at least $1,000,000.

C. Workers' Compensation Insurance. The policy of workers' compensation insurance shall:

1. Be approved by the California Insurance Commissioner as to substance and form.

2. Cover all permittee employees who perform work on the filming operations.

(Ord. 1515)

A. Suspension. Public safety personnel may summarily suspend a film permit if the activity poses an immediate hazard to persons or property. The filming development office may reinstate the permit upon elimination of the hazard.

B. Revocation. Following notice and, if requested, a hearing, the film development office may revoke a film permit for the following causes:

1. Knowing submission of a misleading or false statement of material fact in the application.

2. Failure to comply with a condition of the permit.

(Ord. 1515)

This chapter shall not apply to filming activities conducted for news purposes or for use in a criminal investigation or court proceeding.

(Ord. 1515)

Decisions of the film development office or public safety personnel to issue, deny issuance or impose disciplinary action in connection with a film permit shall be subject to the administrative review procedure of Chapter 1.20 of this code. The city manager shall be the hearing officer for purposes of such procedure and may not delegate such responsibility. The city manager's administrative review decision is final and shall not be subject to council review pursuant to Chapter 1.20 of this code.

(Ord. 1515)