ARTICLE X. MOTION PICTURE AND TELEVISION PRODUCTION PERMITS

Sec. 2-280.  Title.

This article shall be known and cited as the “Motion Picture and Television Production Permit Code.” (Ord. No. 95-6, 1, 12-20-94)

 Sec. 2-281.  Purposes.

The purposes of this article are:

(1)  To establish a one-stop permitting process for photography on public property owned or controlled by or under the jurisdiction of the Town;

(2)  To provide a means whereby acts otherwise prohibited by the Town Code may be allowed during such productions; and

(3)  To provide for an exemption from other Town Code permit requirements in recognition of the economic impact of the motion picture and television industry.

Sec. 2-282.  Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings respectively ascribed to them by this section, except where the context clearly requires otherwise:

(1)  “Town equipment” is any tangible property, other than real property, purchased by public funds and utilized in the normal course and scope of providing governmental service by the Town.

(2)  “Town facility” is any public street, sidewalk, place or building owned or controlled by or under the jurisdiction of the Town to include, but not be limited to, Town park and recreation facilities, the Town Hall, Town public works building, and the Town firehouse.

(3)  “Photography” is the commercial taking or making of a motion picture, television, or videotape production utilizing Town facilities.  This term shall include, and a production permit shall be required for, such productions on private property not at a studio involving the erection of tents or other temporary structures or involving the use of pyrotechnics, explosives, or other incendiary devices.

(4)  “Production permit” or “permit” is the permit required by this article.

(Ord. No. 95-6, 2, 12-20-94)

 Sec. 2-283.  Authority to issue permit.

(a)  The Town Manager is hereby authorized to act for the Town pursuant to this article to receive, process, and approve or disapprove applications for production permits.  The Town Manager may also act to enforce the provisions of this article.

(b)  Appeals to the Town Council.

(1)  Appeals to the Town Council may be taken by any person aggrieved by any decision of the Town Manager in making a determination pursuant to this article.  A person aggrieved by a determination of the Town Manager is either the applicant or an individual who is affected in a manner differently than the community as a whole or greater in degree than the community as a whole.  Such appeal shall be taken within a reasonable time not to exceed thirty (30) days following the date of rendition of the determination of the Town Manager by filing with the Town Clerk a notice of appeal.  The notice of appeal shall specify the determination appealed from.  The notice of appeal shall also briefly state the grounds upon which the appeal is based.

(2)  At the Town Council hearing, the applicant or any person aggrieved may appear in person or by agent or attorney and be heard regarding the appeal.  Decisions of the Town Council shall be made in writing which shall be filed with the town clerk.  The town clerk shall record on the written decision the date that decision was filed in the officer of the town clerk. (Ord. No. 95-6, 3, 12-20-94)

Sec. 2-284.  Permit required; suspension and/or revocation; violation.

(a)  No person shall engage in, participate in, and/or start any commercial photography production on or upon any Town facility or utilize Town equipment unless a production permit shall first have been obtained from the Town Manager.  Violation of this section shall be punishable as provided for by section 1-9.

(b)  Failure to comply with the terms and conditions of the production permit once issued shall be grounds for immediate suspension of production until such time as the non-compliance is remedied.

The suspension shall be initially communicated orally, followed by a written suspension order.  Continued failure to comply with the terms and conditions of the production permit shall be a basis for revocation of the permit.  Continuation of the production in violation of the suspension and/or revocation shall be punishable as provided for by section 1-9.   (Ord. No. 95-6, 4, 12-20-94)

 Sec. 2-285.  Application for permit.

(a)  Any person seeking the issuance of a production permit shall file an application with, and on forms provided by, the Town Manager prior to commencement of production or any circumstance set forth in section 2-284(a).  The application shall be signed by an authorized representative of the photography producer.

(b)  The application shall contain the following information:

(1)  Location(s) of the production;

(2)  Duration and type of the production;

(3)  Proof of liability insurance coverage with the Town named as an additional insured.  All insurance policies shall be issued by companies licensed by the Florida Insurance Commissioner to issue the type of policies required herein.  Liability insurance should be issued by companies rated by Best’s Rating Guide as A+ or better.  Liability insurance shall include general liability coverage in an amount of not less than $1,000,000 single limit liability, and $1,000,000 general automobile liability coverage and similar coverage for accidents involving uninsured motorists.  Amounts of coverage may be reduced by the Town Manager for productions demonstrated to be of a small size or short duration; not involving use of any motor vehicles; or for events that are demonstrated not to involve dangers to property, life, or in which any person is likely to be injured;

(4)  Special effects to be utilized, especially incendiary or explosive devices, and a plan explaining how said special effects will be utilized.  In addition, the application shall list the person in charge (pyrotechnician) of such special effects together with said individual’s qualifications and licensure by the applicable federal and state agencies;

(5)  Proposed request for utilization of Town equipment or personnel;

(6)  Necessity for temporary closures of public streets or sidewalks and for what duration;

(7)  A written summary or explanation of the portion of the production to be shot within the Town;

(8)  Number and type of vehicles and/or equipment and number of personnel to be on location with the production;

(9)  An agreement in form and substance acceptable to the Town Manager and Town Attorney to pay for extraordinary services provided by the Town;

(10)  Execution of a hold harmless/indemnification agreement for the benefit of the Town.  The agreement shall be in form and substance acceptable to the Town Manager and Town Attorney; and

(11)  The application shall be executed by an authorized official of the corporation or other legal entity or the natural person producing the photography.  The application shall be executed subject to the following statement:  Under penalties of perjury, I declare that I have read the foregoing application and its attachments and that the facts stated in it are true.   (Ord. No. 95-6, 5, 12-20-94)

 Sec. 2-286.  Standards for permit; Exemption from other Town Code requirements.

(a)  A permit shall be issued by the Town Manager upon a finding by the Town Manager based on the evidence submitted that the following standards have been satisfied by the applicant:

(1)  Submission of a complete and properly executed application as required by this article;

(2)  Proper execution and submission to the Town of a hold harmless/indemnification agreement in form and substance  acceptable to the Town Manager and Town Attorney;

(3)  Proper execution and submission to the Town of an agreement to pay for extraordinary services in form and substance acceptable to the Town Manager and Town Attorney;

(4)  Submission of insurance policies in the form required by this article;

(5)  Demonstration that it is not reasonably likely that there will be injury to animals or persons if the photography occurs as described by the applicant; and

(6)  Demonstration that the photography will not interfere with the use of Town facilities by the general public for more than thirty (30) days during any twelve (12) month period.

(b)  Once a production permit has been issued and notwithstanding any other provisions of the Town Code (except as otherwise provided in this article to the contrary), no other Town permit shall be required for any of the activities forming a part of the production.  This article shall not exempt construction of a structure from compliance with all other provisions of the Town Code.  Photography production pursuant to this article is exempt from the restrictions on signage and requirements for permitting for the temporary erection of signs, as specified in Chapters 6 and 17, Town Code; provided that any sign erected for photography production shall be removed within thirty (30) days of the erection of the sign, or sign structure.   (Ord. No. 95-6, 6, 12-20-94)

 Sec. 2-287.  Cost for extraordinary services.

The Town shall recover direct costs for extraordinary services rendered in connection with a production.  Such costs shall include, but not be limited to, charges for personnel and equipment committed in support of the production which are outside the normal scope of government services to the general public.  Based on the information contained in the permit application, an estimate of these costs shall be provided by the Town Manager to the applicant prior to the issuance of the permit.  The applicant agrees to pay the Town in advance for any services to be provided by the Town.  The Town Manager will provide coordination and advise the applicant of estimated costs; provided, however, that this article shall not be otherwise interpreted to require the Town to furnish equipment or services for use by a production permit applicant or other person.   (Ord. No. 95-6, 7, 12-20-94)