Ventura Municipal Code Art. 4 Permit Conditions

Permittee shall enter into a hold harmless agreement with the city which shall, in part, indemnify city, its officers, employees, and agents, from any liability arising from permittee’s filming in a form approved by the city attorney. Such agreement shall be filed with the administrator before issuance of the permit. (Code 1971, § 612200)

A. Insurance Requirements. Permittee shall obtain public liability insurance from an insurance company licensed to do business in the state of California and having a financial rating in Best’s Insurance Guide of not less than “A VII.” Such insurance shall provide “occurrence” coverage against liabilities for death, personal injury, or property damage arising out of or in any way connected with filming, the risks foreseeably involved, and shall be in the amount of at least $1,000,000, combined single limit, and shall name the city and the city’s officers, employees, agents, and registered volunteers as additional insureds under the coverage afforded. In addition, such insurance shall be primary and noncontributing with respect to any other insurance available to the city and shall include a severability of interest (cross-liability) clause. If alcoholic beverages are sold or served during filming, the policy must also include an endorsement for liquor liability in an amount not less than $1,000,000.

B. Certificates of Insurance. A copy of the policy or a certificate of insurance along with all necessary endorsements, in a form approved by the city’s risk manager, must be filed with the administrator no less than five business days, except as otherwise provided in this chapter, before filming unless the administrator for good cause waives the filing deadline.

C. Bonds. A bond/cash deposit may be required for purposes of repairing any damage and restoring city facilities to original condition. The amount shall be determined by the administrator. In the event of such damage, city shall provide written notice to the permittee specifying the damage to be repaired and/or city facilities to be restored. If, after providing permittee with such written notice, the requested repairs and/or restoration of city facilities has not been commenced and/or completed within seven days, city may draw upon cash/bond deposit to effect said repairs and/or restoration of city facilities. In the event of damage requiring emergency repairs and/or restoration of city facilities by the city, the permittee shall be required to reimburse the city in full for all costs incurred within 30 days of receipt of invoice from city. (Code 1971, § 612210)

A. The permittee shall attempt to notify all affected persons, by any reasonable means as specified by the administrator, regarding the filming’s nature, date and time. Affected persons shall include the following:

1. Filming outside at any time: all residents and businesses within a 200-foot radius of the site and all adjoining properties to the site.

2. Filming between the hours of 10:00 p.m. and 6:00 a.m.: all surrounding residents and/or businesses within a 300-foot radius of the site and all adjoining properties.

B. All notification shall be completed 48 hours in advance of filming.

C. Notifications shall include permittee’s name, telephone number, date(s), and time(s) of filming.

D. Failure of affected persons to receive actual notice after the permittee has given reasonable notification shall not invalidate a permit. (Code 1971, § 612220)

A permittee shall obtain a permit from the city fire department for filming that includes pyrotechnics, fires, or explosives. During filming the permittee shall, at its own expense, use city fire personnel deemed necessary by the city fire department. All city fire permits must be obtained at least 72 hours before filming. (Code 1971, § 612230)

A. The permit, in its entirety, must be in possession of the permittee at all times while filming.

B. A permittee shall conduct operations in an orderly fashion. The area used shall be cleaned of trash and debris upon completion and before leaving the site(s). A deposit to assure that a permittee removes all trash and debris from the filming site(s) may be required. This requirement and the amount shall be determined by the administrator.

C. Vehicle parking for all filming related activities shall be in accordance with the administrator’s directions.

D. All camera cars must have a police escort. The administrator shall determine how many police officers will be required to escort camera cars.

E. Ambulances provided in connection with filming shall be approved by the Ventura County health care agency. (Code 1971, § 612240)

A. Grounds. The administrator may condition previously issued permits upon learning or discovering facts not previously disclosed or reasonably discoverable.

B. Notice. Should subsequent conditions be required, the administrator shall serve written notice on the permittee of this decision. When acting upon information obtained 24 hours before filming, the administrator may orally inform the permittee, and city personnel overseeing filming, of the new conditions.

C. Administrative Review. Except where otherwise provided, a permittee may seek review of imposition of subsequent conditions to the director as provided in this chapter. The director’s decision is a final determination. There shall be no right of city council appeal. (Code 1971, § 612250)

A. The administrator shall revoke a film permit upon learning or discovering facts requiring permit denial not previously disclosed or reasonably discoverable.

B. The administrator may revoke a film permit when the permittee and/or filming violates the permit’s terms and conditions, or when filming participants violate applicable laws or regulations; provided, however, that this subsection shall not authorize revoking a permit because of the need to protect participants from the conduct of others; and, provided further, that the administrator shall not revoke a permit without warning the permittee and allowing them to correct the violation(s) within a reasonable time.

C. If the administrator revokes a permit before the filming date, the administrator shall immediately serve written notice of revocation on the permittee and shall provide copies of the notice to all city personnel charged with carrying out any responsibility under this chapter. If the administrator revokes a permit on the day of filming after learning of facts justifying revocation less than 24 hours before the filming commenced, the administrator shall announce such action to the filming participants, city officers and employees monitoring or controlling traffic during the filming, and the person in charge of the filming, if such person can be located at the filming location. Written notice shall be delivered after such action to the permittee and the director.

D. An applicant is entitled to an administrative hearing before the director provided:

1. The applicant appeals the administrator’s decision within 24 hours of receiving notice of such conditions;

2. Filming is scheduled at least 48 hours after the hearing time;

3. The hearing shall be at the director’s office at 4:00 p.m. the day after the hearing is requested, unless otherwise agreed upon. The director shall issue a decision orally at the conclusion of the hearing and shall also notify the applicant and the administrator in writing of the director’s decision;

4. Any notification of action, whether oral or written, shall describe with particularity the facts and the reasons for the decision;

5. The director’s decision is a final determination. There shall be no right of city council appeal.

E. The administrator shall consult with the city attorney before revoking a filming permit. (Code 1971, § 612260)

The city manager, director, administrator, and/or any sworn public safety officer may temporarily suspend filming whenever there is an emergency that requires such action to protect public safety. Should this occur, the permittee and filming participants shall immediately comply with the suspending officer’s instructions. The administrator shall immediately attempt to notify the applicant orally and shall notify the applicant and the director in writing, within 24 hours after the suspension, citing with particularity the facts and the reasons for the suspension. (Code 1971, § 612270)