[Ord. No. 2014-016 §1, 4-17-2014]
It is the purpose of this Ordinance to provide rules governing
the issuance of permits for filming motion picture, television, commercial
and non-theatrical filming activities on location within the City.
The intent of this Ordinance is to ensure that still photographers
and motion picture, television, commercial and non-theatrical filming
companies will be encouraged to use locations for filming activities
within the city so long as those activities are consistent with the
public safety and the protection of property.
[Ord. No. 2014-016 §2, 4-17-2014]
As used in this chapter, the following terms shall have the
meanings indicated:
APPLICANT
The person, organization, corporation, association or other
entity applying for a permit to film in the City of Pine Lawn.
CITY
The City of Pine Lawn as a municipal corporation and existing
pursuant to the laws of the State of Missouri.
CITY CLERK'S OFFICE
The office of the Mayor as designated by the City Council
to coordinate filming and issue film permits in the City of Pine Lawn.
FILMING ACTIVITY
The staging, shooting, filming, videotaping, photographing,
or other similar process conducted for the making of still photographs,
motion pictures, television programs, video games, commercial and
non-theatrical film productions.
FILM PERMIT
Written authorization from the City's representative
designated by the City Council to conduct the Filming Activity described
in the permit.
NEWS PURPOSES
A Filming Activity conducted for the purpose of reporting
on persons, events, or scenes which are in the news for newspapers,
television news, and other news media.
PERMITTEE
The person, organization, corporation, association or other
entity issued a film permit under this policy.
PUBLIC STREET
Any street or road maintained by the City and located within
the City limits.
STILL PHOTOGRAPHY
Includes all activity attendant to staging or shooting commercial
still photographs.
STUDENT FILMING ACTIVITY
Filming Activity conducted to fulfill a course requirement
by a student enrolled at a public or private school.
STUDIO
A fixed place of business where filming activities are regularly
conducted upon the premises.
[Ord. No. 2014-016 §3, 4-17-2014]
A. It is unlawful to conduct a Filming Activity as defined in Section
250.020 within the City without first obtaining a film permit from the City Clerk's office.
B. A permit is issued by the City Clerk for the purpose of filming on
City-owned, -leased or -controlled real property or City streets.
This permit does not constitute or grant permission to use or occupy
property not owned, leased or controlled by the City. This permit
must be in the possession of the permitee at all times while on location
in Pine Lawn.
C. An Applicant shall obtain the private property owner's permission,
consent, and/or lease for use of property not owned or controlled
by the City.
[Ord. No. 2014-016 §4, 4-17-2014]
A. The provisions of this ordinance shall not apply to any of the following
activities, provided that the activity will not require the closure
of a public street, or impede vehicular traffic thereon:
1.
Filming Activities conducted for news purposes as defined in Section
250.020;
2.
Filming Activities conducted at studios as defined in Section
250.020;
3.
Filming Activities conducted for use in a criminal investigation
or civil or criminal court proceeding;
4.
Non-commercial filming activities conducted on private property
solely for private or family use;
5.
Commercial still photography or staging thereof, when conducted to the exclusion of any other Filming Activity as defined in Section
250.020, when the following conditions apply:
a.
The still photography, or staging thereof, will not be conducted
on City property.
b.
The still photography, or staging thereof, will not require
the parking of more than two (2) motor vehicles on any public street
within the City.
c.
Filming Activities conducted by or for the City.
[Ord. No. 2014-016 §5, 4-17-2014]
A. Applications for a film permit must be filed with the City Clerk's
office a minimum of two (2) business days in advance of the date the
Film Activity is to begin, except that of an application for a permit
which includes street closures, stunts, or pyrotechnics which must
be filed a minimum of five (5) business days in advance of the first
day of filming.
B. No late applications will be processed by the City unless the City
Clerk's office determines that special circumstances exist relative
to the application which would have precluded its application on a
timely basis.
C. Applicants are encouraged to submit applications at the earliest
advance date possible in order to facilitate coordination between
City departments.
D. Upon such showing of good cause, the City Clerk's office shall
consider applications which are filed after the filing deadline if
there is sufficient time to process and investigate the application,
and for City staff to prepare for the Filming Activity.
[Ord. No. 2014-016 §6, 4-17-2014]
A. The permit application shall be on a form furnished by the City Clerk's
office signed by the Applicant or agent thereof. Such form shall include,
but not be limited to, the following information:
1.
Name, address, and telephone number of the Applicant;
2.
Name, address, and telephone number of the person in charge
of filming on location;
3.
Filming location(s), dates and approximate daily call times
of proposed Filming Activity;
4.
Description of scenes to be filmed, including details of any
hazardous Filming Activity employing firearms, explosives, the use
of open flame, other pyrotechnical effects, animals, stunts, filming
of moving motor vehicles, watercraft or aircraft;
5.
Description of the types and number of motor vehicles which
will be parked on public streets, and description of any equipment
to be placed on public property;
6.
Evidence of adequate insurance certification as stipulated by Section
250.110.
7.
Such other information as the City Clerk's Office may require.
[Ord. No. 2014-016 §7, 4-17-2014]
A. The application shall be approved or denied within two (2) business
days of receipt of the application unless the proposed Filming Activity
requires extensive review by other City departments due to fire or
traffic safety. The Film Permit shall be approved by the City Clerk's
Office unless determined from consideration of the application or
other pertinent information, that any of the following conditions
exist:
1.
The Filming Activity will substantially disrupt the use of a
street at a time when it is usually subject to traffic congestion,
or interfere with the operation of emergency vehicles in the proposed
permit area.
2.
The location of the Filming Activity will substantially interfere
with street maintenance work, or a previously authorized excavation
permit.
3.
The proposed permit location is on City property, and the Filming
Activity will substantially interfere with other previously authorized
activities, contracts or safety of the public or employees while on
City property.
4.
The proposed permit location is on City property, and the Filming
Activity will substantially interfere with municipal functions or
the scheduled maintenance of City buildings or grounds.
5.
The Filming Activity creates a substantial risk of injury to
persons or damage to property.
6.
The Applicant failed to complete the application after being
requested to do so, or the information contained in the application
is found to be false in any material detail.
7.
The particular Filming Activity would violate Federal, State,
or local law, including licensing or permit requirements.
B. When the grounds for permit denial can be corrected by imposing reasonable
permit conditions, the City Clerk's Office may impose such conditions
rather than denying the permit.
[Ord. No. 2014-016 §8, 4-17-2014]
A. The City Clerk's Office may condition the issuance of a Film
Permit by imposing reasonable requirements concerning the time, place,
manner and duration of Filming Activities as referenced on the terms
and conditions attached to the Film Permit, including but not limited
to, the following:
1.
Requirements for the presence of employees of the City at the
Applicant's expense, when required for the particular Filming
Activity;
2.
Requirements concerning posting of "no parking" signs, placement
of traffic control devices, and employment of traffic and crowd control
monitors at the Applicant's expense;
3.
Requirements concerning posting of the outer boundaries of the
Filming Activity, and providing advance notice to affected property
owners/businesses;
4.
Requirements concerning the cleanup and restoration of public
streets and City property employed in the Filming Activity;
5.
Restrictions concerning the use of City employee services, vehicles,
and other equipment in the Filming Activity;
6.
Requirements that the Applicant pay all fees, and obtain all
permits and licenses required for the Filming Activity under local,
State and Federal law;
7.
Restrictions on the use of firearms, explosions, and other noise-creating
or hazardous devices which disturb the peace;
8.
Restrictions on the use of stunts involving pyrotechnics, open
flame, vehicle crashes, or other hazardous materials;
9.
Requirements concerning coverup of Police, Fire and other official
uniforms worn by actors, when the actors are not on camera;
10.
Restrictions concerning the use of City logos, insignias, badges,
or decals for filming purposes;
11.
Restrictions on the daily hours the Filming Activity may be
conducted within the City;
12.
Requirements concerning the City's receipt of proper acknowledgment
for any assistance provided in making feature, television, or commercial
productions;
13.
Requirements concerning affirmative action and non-discriminatory
practices for employment.
[Ord. No. 2014-016 §9, 4-17-2014]
A. The fee for the filming permit shall be two hundred fifty dollars
($250.00) per day of filming;
B. The Applicant shall pay all costs incurred by the City in providing
City employees to be present during Filming Activity.
[Ord. No. 2014-016 §10, 4-17-2014]
Upon reasonable notice by the Permittee in advance of the Filming
Activity, the City Clerk's Office is authorized to change the
date for which the Film Permit has been issued without requiring a
new application or permit.
[Ord. No. 2014-016 §11, 4-17-2014]
The Applicant for a Film Permit shall procure and maintain for
the duration of the Film Activity insurance in the forms, types, and
amounts prescribed by the City Clerk's Office.
[Ord. No. 2014-016 §12, 4-17-2014]
Prior to the issuance of the Film Permit the permit Applicant
must agree in writing to comply with the filming permit terms and
conditions.
[Ord. No. 2014-016 §13, 4-17-2014]
A. The Permittee, and all agents, employees, and contractors of the
Permittee at the Filming Activity site within the City shall comply
with the following requirements:
1.
The Permitee shall comply in writing with all terms and conditions
of the Film Permit.
2.
The Permittee shall not conduct a Filming Activity within the
City not authorized by the Film Permit.
3.
The Permittee shall comply with instructions made by the Pine
Lawn Police Department officer(s) assigned to police the Filming Activity
site.
4.
The Permittee shall comply with instructions made by City employees
assigned to regulate the Filming Activity site.
5.
The Permittee shall clean and restore all City-owned property
utilized during the Filming Activity to the same condition as existed
prior to the Filming Activity.
6.
The Permittee shall comply with this Ordinance and all other
policies and ordinances of the City, State and Federal law.
[Ord. No. 2014-016 §14, 4-17-2014]
The Applicant for a Film Permit may request that the City authorize
a street closure on the Film Permit application. A short-term encroachment
permit may be granted by the City Clerk's Office or his or her
designee.
[Ord. No. 2014-016 §15, 4-17-2014]
During the filming of any special effect or stunt requiring
the use of pyrotechnics or any material deemed hazardous, including,
but not limited to, fireworks, open flames, or explosives, the Applicant
must obtain a fire permit from the City Clerk's Office.
[Ord. No. 2014-016 §16, 4-17-2014]
A. Permit Revocation. The City Clerk's Office may revoke the Film Permit if the Permittee, or any agents, employees, or contractors of the Permittee fail to comply with the requirements set forth in Section
250.130(A) through (F), or if the City Clerk's Office determines after the permit is issued that the permit application was false in any material detail.
1.
Notice of the grounds for revocation of the Film Permit shall
be provided in writing by the City Clerk's Office to the permit
Applicant or person in charge at the location of the Filming Activity.
2.
Appeals of the permit revocation shall be conducted in the matter specified in Section
250.170.
B. Permit Suspension. The Pine Lawn Police Department
officer assigned to police the Filming Activity site may suspend the
Film Permit when the Filming Activity poses an immediate hazard to
persons or property and the location manager will not, or cannot,
prevent the hazard after being instructed to do so by the officer.
1.
The grounds for the permit suspension shall be provided in writing
by the City Clerk's Office to the Permittee within one (1) business
day of the suspension.
2.
Appeals of the permit suspension shall be conducted in the manner specified in Section
250.170.
[Ord. No. 2014-016 §17, 4-17-2014]
The permit Applicant or Permittee may appeal a permit denial,
revocation, suspension, permit condition, insurance/fees requirement
or the City Clerk's Office's decision not to waive a deadline
set forth in this Ordinance. Such appeal shall be filed with the City
Clerk's Office not later than five (5) business days after the
date written notice of the decision is made. Failure to file timely
appeal shall result in a waiver to the right to appeal. The appeal
shall be heard by the Mayor and Board of Aldermen at a special Council
meeting within five (5) business days. The decision of the Mayor and
Board of Aldermen shall be final.
[Ord. No. 2014-016 §18, 4-17-2014]
The violation of any provision of this Ordinance shall result
in a fine up to one thousand dollars ($1,000.00) and or imprisonment
of up to ninety (90) days.