(a) 
The guidelines contained in this policy are intended to create a program for promoting economic development activity within the town and within the vicinity of the town, in accordance with chapter 380, Texas Local Government Code. The following guidelines are also intended to protect the personal and property rights of the town’s residents and businesses, and to promote the public health, safety and welfare. The town manager reserves the right to impose additional regulations in the interest of public health, safety and welfare, or if otherwise deemed appropriate by the town manager.
(b) 
These guidelines cover requests for commercial use of town-owned property (including but not limited to streets, rights-of-way, parks, and/or public buildings), commercial use of private property which may affect adjacent public or private property, and the use of town equipment and personnel in the filming of movies, television programs, commercials, training films and related activities.
(Ordinance 529 adopted 4/11/11; 2006 Code, sec. 4.401)
(a) 
The town manager may authorize the use of any street, right-of-way, park, or public building, equipment or personnel for commercial uses in the filming or taping of movies, television programs, commercials, or training films and related activities. In conjunction with these uses, the town manager may require that any or all of the conditions and/or remuneration herein and as specified on the application be met as a prerequisite to that use.
(b) 
The applicant agrees that the town shall have exclusive authority to grant the applicant the use of public streets, right-of-way, parks and public buildings of the town, as well as authority to regulate the hours of production and the general location of the production. The town reserves the full and absolute right to prohibit all filming or to order cessation of filming in order to promote the public health, safety or welfare.
(c) 
The applicant shall allow town departments (e.g., police, fire, building) to inspect all structures, property, devices and equipment to be used in connection with the filming and taping, as deemed appropriate by the town manager.
(Ordinance 529 adopted 4/11/11; 2006 Code, sec. 4.402)
(a) 
Before filing an application for filming in the town, the office of the town manager must be contacted to discuss the production’s specific filming requirements and the feasibility of filming in the town.
(b) 
Any commercial producer who desires to undertake a commercial production in the town is required to complete and return the application (supplied by the town) for filming to the office of the town manager, within the time frames below:
(1) 
Commercials or episodic television.
A minimum of two (2) business days prior to the commencement of filming or any substantial activity related to the project.
(2) 
Feature films.
A minimum of five (5) business days prior to the commencement of filming or any substantial activity related to the project.
(Ordinance 529 adopted 4/11/11; 2006 Code, sec. 4.403)
(a) 
An application processing fee as provided for in the fee schedule found in appendix A of this code should accompany each application for filming in the town.
(b) 
The town manager may waive this fee upon proof of an organization’s nonprofit status, or for any other reason deemed appropriate by the town manager.
(Ordinance 529 adopted 4/11/11; 2006 Code, sec. 4.404)
(a) 
The applicant shall pay for all costs of any police, fire, public works, or other town personnel assigned to the project (whether or not specifically requested by the production). Remuneration rates for the use of any town equipment, including police cars and fire equipment, will be established on a case-by-case basis as determined by the town manager. The applicant shall pay all costs in full within ten (10) days after receipt of an invoice for said costs. The town manager may, at his discretion, require an advance deposit for all costs related to town personnel and/or use of town equipment.
(b) 
The town manager, in consultation with the town’s chief of police and the town’s fire chief, shall have the authority to stipulate additional fire or police requirements and the level of staffing for same, at any time during a film project, if it is determined to be in the best interest of public health, safety and welfare, which cost shall be borne entirely by the applicant. Off-duty police and firefighters shall be paid by the production company at a rate no less than one and one-half times their hourly rate.
(Ordinance 529 adopted 4/11/11; 2006 Code, sec. 4.405; Ordinance adopting 2021 Code)
(a) 
The town manager may authorize the use of any street, right-of-way, park or public building, use of the town’s name, trademark or logo and/or use of town equipment and/or personnel for commercial uses in the production of movies, television programs, commercials, or training films and related activities. In conjunction with these uses, the town manager may require that any or all of the conditions and/or remuneration as specified herein and on the application be met as a prerequisite to that use. A security or damage deposit may be required within the discretion of the town manager.
(b) 
The applicant shall reimburse the town for inconveniences when using public property. The rate schedule is as provided for in the fee schedule found in appendix A of this code.
(c) 
The applicant acknowledges and agrees that the town possesses and retains exclusive authority to grant the applicant a revocable license for the use of its name, trademark, and logo, public streets, rights-of-way, parks and buildings of the town as well as control over the hours of production and the general location of the production. The town reserves the full and absolute right to prohibit all filming or to order cessation of filming activity in order to promote the public health, safety and/or welfare.
(Ordinance 529 adopted 4/11/11; 2006 Code, sec. 4.406)
The applicant shall provide a report listing the number of vehicles and types of equipment to be used during the filming, including proposed hours of use and proposed parking locations. Such location will need to be specifically approved by the town manager. On-street parking or use of public parking lots is subject to town approval. The use of exterior lighting, power generators or any other noise- or light-producing equipment requires on-site approval of the town manager.
(Ordinance 529 adopted 4/11/11; 2006 Code, sec. 4.407)
Unless express written permission has been obtained from the town manager in advance and affected property owners, tenants and residents have been notified, filming will be limited to the following hours: Monday through Friday, 7:00 a.m. to 9:00 p.m., and Saturday, Sunday and holidays, 8:00 a.m. to 8:00 p.m.
(Ordinance 529 adopted 4/11/11; 2006 Code, sec. 4.408)
The applicant shall provide a short written description, approved by the town manager, of the schedule for the proposed production to the owners, tenants and residents of each property in the affected neighborhood(s). The applicant, or his or her designee, shall use their best efforts to notify each owner, tenant and resident of all such property, and shall submit, as part of this application, a report noting each owner, tenant or resident’s comments, along with their signatures, addresses and phone numbers. Based on this community feedback, and other appropriate factors considered by the town manager, the town manager may grant or deny the filming application.
(Ordinance 529 adopted 4/11/11; 2006 Code, sec. 4.409)
The applicant shall attach a valid certificate of insurance, issued by a company authorized to conduct business in the state, naming the town and its agents, officers, elected officials, employees and assigns as additional insured, in an amount not less than $1,000,000.00 general liability including bodily injury and property damage, with a $5,000,000.00 umbrella, and automobile liability (if applicable) in an amount not less than $1,000,000.00 including bodily injury and property damage.
(Ordinance 529 adopted 4/11/11; 2006 Code, sec. 4.410)
The applicant shall pay in full, within ten (10) days of receipt of an invoice, the costs of repair for any and all damage to public or private property resulting from or in connection with the production, and restore the property to its original condition prior to the production, or to better than original condition.
(Ordinance 529 adopted 4/11/11; 2006 Code, sec. 4.411)
The applicant shall sign the following hold harmless agreement holding the town harmless from any claim that may arise from their use of designated public property, right-of-way, or equipment in conjunction with the permitted use:
I certify that I represent the firm which will be performing the filming/taping at the locations specified on the attached permit application. I further certify that I and my firm will perform in accordance with the directions and specifications of the Town of Sunnyvale, and that I and my firm will indemnify and hold harmless the Town of Sunnyvale, Texas and its elected officials, officers, servants, employees, successors, agents, departments and assigns from any and all losses, damages, expenses, costs and/or claims, of every nature and kind arising out of or in connection with the filming/taping and other related activities engaged in pursuant to this application.
I further certify that the information provided on this application is true and correct to the best of my knowledge, and that I possess the authority to sign this and other contracts and agreements with the Town of Sunnyvale, Texas on behalf of the firm.
Signed: __________
Title: __________
Date: __________
(Ordinance 529 adopted 4/11/11; 2006 Code, sec. 4.412)