(a)
The
following guidelines are intended to protect the personal and property
rights of our residents and businesses. The city manager reserves
the right to impose additional regulations in the interest of public
safety if deemed necessary.
(b)
These
guidelines cover requests for commercial use of city-owned property
(streets, right-of-ways, and public buildings), commercial use of
private property which may affect adjacent public or private property,
equipment and personnel in the filming of movies, TV shows, commercials,
and related activities.
(Ordinance 2711-450, ex. A, sec.
I, adopted 11/5/07)
(a)
The
city manager may authorize the use of any street, right-of-way, 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 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 or welfare.
(c)
The
applicant shall agree to allow the respective city departments (i.e.,
police, fire, building) to inspect all structures and/or devices and
equipment to be used in connection with the filming and taping if
required by the city manager.
(Ordinance 2711-450, ex. A, sec.
II, adopted 11/5/07)
(a)
Before
filing an application for filming, the office of the city manager
must be contacted to discuss the production’s specific filming
requirements and the feasibility of filming.
(b)
Any
commercial producer who desires to undertake a commercial film or
tape production is required to complete and return the application
for filming to the office of the city manager, for:
(Ordinance 2711-450, ex. A, sec.
III, adopted 11/5/07)
(a)
An
application processing fee as set by the city council and on file
in the office of the city secretary should accompany each application
for filming.
(b)
The
city manager may waive this fee for nonprofit organizations.
(Ordinance 2711-450, ex. A, sec.
IV, adopted 11/5/07; Ordinance
adopting 2020 Code)
(a)
The
applicant will agree to pay for the costs of any police, fire, public
works, or other city personnel assigned to the project (whether specifically
requested by the producer or not). Remuneration rates for the use
of any city equipment, including police squad cars and fire equipment,
will be established on a case-by-case basis. The applicant will agree
to pay in full, promptly upon receipt of an invoice, the charges incurred
or the city manager may require a deposit for proposed use of the
equipment in advance.
(b)
The
city manager has the authority to require additional police or fire
coverage if it is determined to be in the best interest for public
safety. Off-duty police officers or firefighters are to be paid one
and one-half times their hourly rate.
(Ordinance 2711-450, ex. A, sec.
V, adopted 11/5/07)
(a)
Authorization.
The city manager may authorize the use
of any street, right-of-way, public building, name, trademark or logo,
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
as specified on the application be met as a prerequisite to that use.
A security or damage deposit may be required based on production activity.
(b)
Fees.
Depending upon the extent of the use of city property,
the producer agrees to reimburse the city for inconveniences when
using public property. The rates are as set by the city council and
on file in the office of the city secretary.
(c)
Control by city.
The applicant agrees that the city
shall have full control over the use of the name, trademark and logo,
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 hazardous
to the public health, safety or welfare.
(Ordinance 2711-450, ex. A, sec.
VI, adopted 11/5/07; Ordinance
adopting 2020 Code)
The applicant shall provide a report listing the number of vehicles
and types of equipment to be used during the filming, including their
proposed hours of use and their 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. The use of exterior lighting, power generators,
or any other noise- or light-producing equipment requires on-site
approval of the city.
(Ordinance 2711-450, ex. A, sec.
VII, adopted 11/5/07)
Unless permission has been obtained from the city in advance
and affected property owners are 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 2711-450, ex. A, sec.
VIII, adopted 11/5/07)
The applicant shall provide a short written description, approved
by the city manager, of the schedule for the proposed production to
the owners and residents of each property in the affected neighborhood
(as defined by boundaries set by the city manager). The applicant,
or his designee, shall talk with owners and residents of all such
property and submit as part of this application a report noting any
owner’s or resident’s reaction along with the address
and phone numbers of all such property owners and residents and their
signatures.
(Ordinance 2711-450, ex. A, sec.
IX, adopted 11/5/07)
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 2711-450, ex. A, sec.
X, adopted 11/5/07)
The producer 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 Smithville,
and that I and my firm will indemnify and hold harmless the City of
Smithville for and from any loss, damage, expense, claims and costs
of every nature and kind arising out of or in connection with the
filming/taping pursuant to this permit.
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Signed: __________
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Title: ____________
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Date: ____________
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(Ordinance 2711-450, ex. A, sec.
XI, adopted 11/5/07)
The applicant agrees to pay in full, promptly upon 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 condition prior to the production.
(Ordinance 2711-450, ex. A, sec.
XII, adopted 11/5/07)
