[HISTORY: Adopted by the Board of Trustees
of the Village of Atlantic Beach 3-12-1990; amended in its entirety 10-19-2020 by L.L. No.
4-2020. Subsequent amendments noted where applicable.]
Filming, as defined herein, of any kind is prohibited within
the Village unless a permit therefor shall have been issued by the
Board of Trustees to avoid any potential disruptive or adverse impacts
on the peace and tranquility of the Village. The application for a
permit shall be made on forms provided by the Village Clerk; nonrefundable
permit fees therefor shall be established by resolution of the Board.
As used in this chapter, the following terms shall have the
meanings indicated:
The recording for commercial or business use on film, video
or other media of motion pictures, commercials, documentaries, shows,
performances, athletic or sports events, or the like, excluding still
photography, on public or private property and the use of persons,
vehicles, props, cameras or any other items, equipment or materials
in connection therewith. The filming of home movies or videos by residents
intended for noncommercial uses is exempt therefrom and is not included
within the definition hereof.
A.
An application for a permit hereunder shall be made on forms provided
by the Village Clerk no less than five business days prior to the
date upon which the filming is to commence.
B.
An application for a permit hereunder shall include the following:
(1)
Name, address, email address, and telephone number of the applicant
and of a contact person for the filming;
(2)
Name, address, email address, and telephone number of an owner of
each property to be used in or for the filming;
(3)
Purpose of the filming;
(4)
The dates and times of day that the film is proposed to be made;
(5)
Signed consent of an owner for each property to be used in or for
the filming; and
(6)
Such other information as the Board of Trustees shall require.
The applicant shall pay, in addition to any application fee
herein, the actual cost of the incidental use of any Village personnel,
services, or equipment in connection with the filming.
The Board of Trustees may waive application fees in connection
with filming for charitable, educational, public service or other
similar nonprofit purposes. Nothing herein contained shall require
the waiver of such fees.
The Village Clerk or other Village official shall have the authority
to grant or deny any application for a permit or may grant the permit
with such restrictions and conditions as he may determine to be necessary
to avoid creating within the Village a dangerous condition, an unreasonable
interference with the use of Village streets or public places, or
a nuisance.
A.
Every permit shall set forth the dates and specific hours during
which the filming shall be permitted.
B.
No filming nor the use of equipment shall be permitted between the
hours of 8:00 p.m. and 8:00 a.m. unless otherwise specifically authorized
in the permit.
C.
No filming shall be permitted prior to 9:00 a.m. on Saturdays, Sundays
or holidays.
D.
Nothing herein contained shall prohibit the imposition of such other
reasonable limitations or conditions as the Board of Trustee may determine
shall be necessary.
A permit holder shall be responsible for any damage to public
property or facilities that may result from the permit holder's
activities. No alterations are to be made at the locations of principal
photography, including, without limitation, cutting trees, trimming
bushes, painting or modifying any portion of the boardwalk, or removing
or relocating sand from the beach, without the express authorization
of the Board of Trustees.
No permit shall be issued until the applicant shall have deposited
with the Village Clerk a certificate or policy of general liability
insurance, including personal injury and property damage liability.
Such insurance shall name the Village and its officers, employees,
and representatives as additional insured. The applicant shall indemnify
the Village and its officers, employees, and representatives from
and against any claim, loss, or damage resulting from the filming
for which the permit has been issued.
A.
The Village Clerk or such other Village official, as designated in
the permit, may suspend or revoke a filming permit for any of the
following reasons:
B.
The suspension or revocation of a permit may be appealed to the Board
of Trustees, the decision of which shall be final.
C.
Upon the suspension or revocation of a permit, the fee paid therefor
shall be forfeit and shall not be refunded.
Every person convicted of a violation of any of the provisions
of this chapter shall be punished by and subject to a fine of not
more than $2,000 or imprisonment.