Ventura Municipal Code Art. 1 General Provisions

This chapter is adopted pursuant to the municipal affairs provision of the City Charter for the purpose of establishing a permit system to regulate motion picture and television production in the city of San Buenaventura. Application of this chapter shall be with the intent of promoting motion picture and television production within the city of San Buenaventura while safeguarding public health, safety, welfare and property. (Code 1971, § 612020)

Unless the contrary is stated or clearly appears from the context, the following definitions shall govern the construction of the words and phrases used in this chapter:

“Administrator” means the community services administrator of the city of San Buenaventura or their designee.

“Current news” means regularly scheduled news programs (excluding documentary programs) and special news programs which are not preplanned and are broadcast within 72 hours after filming.

“Director” means the director of community services of the city of San Buenaventura or their designee.

“Filming” means:

1. All activity attendant to the staging or shooting of commercial motion pictures, television shows, video taping, still photography, or advertisements; and

2. Any noncommercial filming that obstructs, delays, or otherwise interferes with the ordinary use of city streets, parking facilities, sidewalks, or other public rights-of-way.

“Permittee” means any natural person, entity, or combinations thereof possessing a film permit granted by the city pursuant to this chapter. (Code 1971, § 612030)

The administrator shall receive applications, issue and revoke permits, and otherwise implement this chapter according to the procedures herein. (Code 1971, § 612040)

A. Except as otherwise provided, it shall be unlawful for any person to engage in, conduct, or carry on business of filming on public or private property without a permit issued under the provisions of this chapter.

B. A permit is not deemed issued until the administrator receives the applicant’s written acceptance in accordance with this chapter. (Code 1971, § 612050)

The permit requirements of this chapter shall not be applicable to the following:

A. To reporters, photographers, or camerapersons employed by a newspaper, news service, or similar entity engaged in on-the-spot broadcasting of current news concerning those persons, scenes, or occurrences that are in the news and of general public interest.

B. To any motion picture, television, video production, or still photography studio operating at its established or fixed place of business in the city.

C. To commercial still photographers on private property that do not obstruct, delay, or otherwise interfere with the ordinary use of city streets, parking facilities, sidewalks, or other public rights-of-way. (Code 1971, § 612060)

In addition to a permit required by this chapter, use of any public facility within the city may require a rental or use agreement. (Code 1971, § 612070)

A. Except as otherwise provided by federal, state, or local laws, or other city council authorized restrictions, all fees applicable to this chapter shall be established by city council resolution.

B. Charges will be imposed for city services provided to a permittee. Charges will be determined by the affected city department(s) and shall be based on the actual cost incurred by the city in providing such services. Fees shall include, without limitation, charges for labor, supervision, overhead, administration, and the use of any and all city equipment and/or supplies. Additional charges may be imposed for extraordinary permit investigation and/or staff costs.

C. Traffic Control Fee. Permittee shall pay to city a fee in an amount equal to city’s total estimated costs for providing all personnel and materials, including, without limitation, public safety personnel necessary to control and monitor pedestrian and vehicular traffic for filming.

D. All estimated fees for city-supplied personnel shall be paid by the permittee before filming.

E. Any additional or unanticipated services and subsequent expenses incurred by the permittee shall be paid by the permittee within 30 days of receipt of an invoice submitted by city. (Code 1971, § 612080)

Any fee required by this chapter may be waived by the administrator for student filming. Such a waiver may only be granted if the applicant is a natural person whose permit application is accompanied with a letter, on letterhead from a recognized educational institute, stating that the applicant is currently matriculated in that educational institute, that the film is not for commercial release, and signed by a school administrator or instructor who agrees to pay any applicable fees should the film ever be used commercially. (Code 1971, § 612090)

A. Where the provisions of this chapter require that an applicant/permittee be served with notice, such notice shall be deemed served when personally delivered to such applicant/permittee or when deposited in the first class U.S. mail, addressed to such applicant/permittee at the applicant’s/permittee’s last known address.

B. Unless otherwise provided, written notification to a permittee/applicant of a permit decision shall state with particularity the basis for such decision. (Code 1971, § 612100)

Any violation of the provisions of this chapter, including any violation of the terms and conditions of a permit approved and issued in the manner provided by this chapter, shall be unlawful and punishable as an infraction. (Code 1971, § 612110)