(a)
The
guidelines contained in this policy are intended to create a program
for promoting economic development activity within the city, and the
vicinity of the city. The following guidelines are also intended to
protect the personal and property rights of the city, residents and
businesses, and to promote the public health, safety and welfare.
The city manager reserves the right to impose additional regulations
in the interest of public health, safety and welfare, or if otherwise
deemed appropriate by the city manager.
(b)
These
guidelines cover requests for commercial use of city-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 city equipment
and personnel in all types of motion-picture production, including,
but not limited to, feature films, television programs, commercials,
music videos and corporate films.
(Ordinance 18-013 adopted 3/27/18)
(a)
The
city manager may authorize the use of any city 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 city 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 city shall have full control over the use
of public streets and buildings of the city while being used, as well
as control over the hours of production and the general location of
the production. The city reserves the full and absolute right to prohibit
all filming or to order cessation of filming if determined to be detrimental
to the public health, safety and welfare.
(c)
The
applicant shall agree to allow city 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 city manager.
(Ordinance 18-013 adopted 3/27/18)
(a)
Before
filing an application for filming in the city, the city manager or
his/her designee must be contacted to discuss the production’s
specific filming requirements and the feasibility of filming in the
city. An issuance of a permit is subject to final approval by the
city manager and chief of police.
(b)
Any
commercial producer who desires to undertake a commercial production
in the city is required to complete and return an application for
filming to the city manager or his/her designee, 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.
(d)
After
issuance of a permit, a pre-filming meeting is required between at
least one representative of the filming crew and all applicable city
personnel, including, but not limited to the chief of police, city
manager, office of the mayor, community development office, fire department,
main street office, and convention and visitors bureau office. Any
special effect including pyrotechnics or explosions is required to
meet explicitly with the chief of police and fire marshal to demonstrate
licensing and scheduling.
(Ordinance 18-013 adopted 3/27/18)
(a)
An application processing fee found in appendix A of this code should accompany each application for filming in the city.
(b)
The
city manager may waive this fee upon proof of an organization’s
nonprofit status or for any other reason deemed appropriate by the
city manager.
(Ordinance 18-013 adopted 3/27/18)
(a)
The
applicant will agree to pay for all costs of any police, fire, public
works, or other city personnel assigned to the project (whether specifically
requested by the production or not). Remuneration rates for the use
of any city equipment, including police cars and fire equipment, will
be established on a case-by-case basis as determined by the city manager.
The applicant will agree to pay all costs in full, within ten (10)
days after receipt of an invoice for said costs. The city requires
an advance deposit for the use of city personnel and/or city equipment.
Any or all of this deposit will be refunded upon receipt of full payment
for personnel and/or equipment.
(b)
The
city manager, in consultation with the chief of police and/or fire
chief, shall have the authority to stipulate additional fire or police
requirements and 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.
(Ordinance 18-013 adopted 3/27/18)
(a)
The
city manager may authorize the use of any city street, right-of-way,
park or public building, use of city name, trademark or logo and/or
use of city equipment and/or personnel for commercial uses in motion-picture
production. In conjunction with these uses, the city 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 city manager. No city equipment or facility will be approved
for use until all insurance requirements are met.
(b)
Any
scheduling or location changes impacting a city street, building,
right-of-way or park needs to be submitted to the city within three
(3) business days of use. For example, a street closure request.
(c)
Some
streets located in the city are state-operated and maintained. Requests
to use state-operated and maintained streets must be filed with the
Texas Department of Transportation.
(d)
Depending upon the extent of the use of city property, the applicant agrees to reimburse the city for inconveniences when using public property. The rate schedule shall be as set forth in the fee schedule in appendix A of this code.
(e)
The
applicant agrees that the city shall have full control over the use
of its name, trademark, logo, public streets and buildings of the
city, while any are being used, as well as control the hours of production
and the general location of the production. The city reserves the
full and absolute right to prohibit all filming or to order cessation
of filming activity if it is determined to be hazardous to the public
health, safety and welfare.
(Ordinance 18-013 adopted 3/27/18)
(a)
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 locations will need
to be specifically approved by the city so as to maintain traffic
safety. On-street parking or use of public parking lots is subject
to city approval.
(b)
The
use of exterior lighting, power generators, or any other noise- or
light-producing equipment requires on-site approval of the city manager
or his/her designee. Any catering service or food preparation is subject
to city inspection and approval.
(Ordinance 18-013 adopted 3/27/18)
Unless express written permission has been obtained from the
city manager in advance, and affected property owners, tenants and
residents have been notified, filming will be limited to the following
hours:
(1)
Monday
through Friday: 7:00 a.m. to 9:00 p.m.
(2)
Saturday,
Sunday and holidays: 8:00 a.m. to 8:00 p.m.
(Ordinance 18-013 adopted 3/27/18)
The applicant shall provide a short-written description, approved
by the city manager, of the schedule for the proposed production to
the owners, tenants and residents of each property in the affected
neighborhood (as defined by boundaries set by the city manager). The
applicant, or his or her designee, shall make a good faith effort
to notify each owner, tenant and resident of all such property, and
shall submit, as part of this application, a report noting owners,
tenants and/or residents’ comments, along with their signatures,
addresses and phone numbers. Based upon this community feedback, and
other appropriate factors considered by the city manager, the city
manager may grant or deny the filming application.
(Ordinance 18-013 adopted 3/27/18)
All filming locations on private property (not city owned) will
require an approval letter of that property owner. A copy of that
letter should be submitted to the city and a copy kept with the filming
crew on that site.
(Ordinance 18-013 adopted 3/27/18)
The producer shall attach a certificate of insurance, naming
the city as an 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 18-013 adopted 3/27/18)
(a)
Permit
holders are personally and financially responsible for any damages
connected with their activities on the requested public property including
but not limited to; damage to utilities, structures such as gazebos,
the grounds such as creating ruts or tracks, streets such as creating
stains or physical damage. All damage assessed by the city will be
the responsibility of the applicant. Damages not paid within 30 days
of assessment of damages will be filed against the applicant’s
insurance policy by the city.
(b)
Permit
holders are responsible for cleanup of all debris connected with their
activities including but not limited to; booths, tents, electrical
cords, portable toilets, and trash or anything else related to filming.
Failure to comply and properly cleanup will result in additional charges
to cover the full cleanup cost and will be documented, which could
result in immediate denial of future application request.
(Ordinance 18-013 adopted 3/27/18)
The applicant agrees to 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 18-013 adopted 3/27/18)
The applicant shall sign the following hold harmless agreement
holding the city 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:
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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 City of Greenville,
Texas, and that I and my firm will indemnify and hold harmless the
City of Greenville, 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.
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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 City of Greenville, Texas on behalf of the firm.
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Signed: __________
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Title: __________
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Date: __________
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(Ordinance 18-013 adopted 3/27/18)
