In this article these words have the meaning indicated unless
a different meaning clearly appears from the context:
An area that is affected by film production, the boundaries
of which are determined by the city manager upon issuance of a film
production permit. Unless otherwise specified by the city manager,
the affected neighborhood shall consist of all property owners/occupants
within 200 feet of the property upon which the film production will
take place.
An owner, tenant or resident of property within an affected
neighborhood.
A person who has filed a formal written application with
the city for obtaining a film production permit.
The City of Plainview, Texas.
The creation or production of moving images, including but
not limited to, film, video and digital images, for use in movies,
television, commercials, game design, video and digital interactive
media, electronic media, and/or other media format, and related activities
that:
Are conducted primarily outdoors; and
Interfere with the normal flow or regulation of pedestrian or
vehicular traffic;
Require special city services, including but not limited to,
street closure, stages, special parking arrangements, special electrical
services, special police services or protection; or
Require the use of city buildings or property.
The written approval from the city manager for film production.
The filming or videotaping for the purpose of spontaneous,
unplanned television news broadcast by reporters, photographers or
camera persons.
The person to whom a film production permit is granted pursuant
to this article.
A person that has filed a written application for a film
production permit, or the designated representative of such producer.
May also be referred to as “permittee.”
Any public or private street, sidewalk, alley, right-of-way,
avenue, lane, boulevard, drive, public place or highway commonly used
for vehicular or pedestrian travel within the city.
(Ordinance 19-3693 adopted 6/25/19)
(a)
The
city manager shall have the authority to issue a permit for film production
when requirements of this article have been met. The city manager
or their designee shall administer and enforce the provisions of this
article and is authorized to establish additional protocols, policies
and guidelines consistent with the terms of this article.
(b)
The
city manager may authorize the use of any city street, right-of-way,
park, land, public building, the city name, trademarks or logos, and
city equipment or personnel for use for film production. The city
manager shall require that any or all of the conditions or remuneration
specified in the film production permit be met as a prerequisite to
such use and may also require a security deposit or surety bond be
provided by the producer in an amount as determined by the city manager.
(c)
Whenever
any film production work is being done contrary to the provisions
of this article, the city manager may order the work stopped by giving
written notice to the producer, designated representative of the film
production or on any persons engaged in doing or causing such work
to be done. Once a stop work order has been issued by the city manager
all film production activity must immediately cease until such time
as the contrary activity is corrected and the city manager lifts the
stop work order by providing written notice in the same manner as
described above.
(Ordinance 19-3693 adopted 6/25/19)
It shall be unlawful for any person to promote or conduct film
production without first having applied for and obtained a permit
from the city manager pursuant to the requirements outlined in this
article.
(Ordinance 19-3693 adopted 6/25/19)
(a)
An
application for a film production permit must be filed not less than
ten (10) business days before the film production is to begin. The
city manager may waive the 10 business day filing requirement if it
is determined that the application can be processed in less than 10
business days, taking into consideration the size of film production,
whether special accommodations must be made such as street closures,
and the number and types of additional permits or licenses required
to be issued for the film production.
(b)
The
application shall be filed with the city secretary. Upon receiving
the application, the city secretary shall forward the application
to the city manager for review. At the city manager’s discretion,
due to the nature of the film production being applied for, the city
manager may include any other staff members including the police chief,
fire chief and/or other appropriate official to assist the city manager
in reviewing the application.
(c)
The
application for film production shall contain, at a minimum, the following
information:
(1)
Complete contact information of the applicant address including,
as applicable, the name, resident address, e-mail address, telephone
number and mobile telephone number of the applicant.
(2)
Complete contact information including, as applicable, the name,
address, e-mail address and telephone number of any producer or other
person who will be located on site when the film production is taking
place and designated as being responsible for complying with this
article if someone other than or in addition to the applicant.
(3)
The name, address, e-mail address, and telephone number of the officer
of the film company who authorized the application for permit if someone
other than or in addition to the application.
(4)
A full and complete description of the dates and location and where
the film production is to take place. If a person intends to conduct
film production at more than one location or on more than one date,
all such locations and dates must be indicated in the application
for a film production permit and such permit shall apply only to the
dates and locations so indicated.
(5)
A general statement or synopsis of the character or nature of the
proposed film production.
(6)
Written permission showing the consent from the owner of the property
or their authorized representative for the use of the property. For
film production involving the use of property owned or controlled
by another governmental entity (i.e. the county, school district,
etc.), the applicant is required to obtain permission to use that
property from an authorized official of the respective entity. The
applicant is responsible for obtaining and providing proof of such
permission. Due to the location, size or proposed use of the governmental
entity’s property, the city manager may require the approval
of the governing body as well.
(7)
Any other information as may be required by the city manager or as
outlined on the application form for the film production permit.
(d)
Application fee.
An application-processing fee as set
forth in the master fee schedule shall be required for each application
for film production in the city. The city manager may waive this fee
for purely charitable, nonprofit or educational institutions or projects.
(Ordinance 19-3693 adopted 6/25/19; Ordinance
23-3746 adopted 5/23/2023)
Where the city manager determines that a proposed film production
could have an adverse impact on public safety through diminished access
to buildings, structures, fire hydrants and fire apparatus, access
roads or where such film production may adversely affect public safety
services of any kind, the city manager shall have the authority to
order the development and submittal of a public safety plan for the
provision of an appropriate level of public safety. The public safety
plan shall address:
(1)
Emergency
vehicle ingress and egress;
(2)
Fire
protection;
(3)
Emergency
medical services;
(4)
The
need for the presence of law enforcement at the event; and
(5)
The
need for the presence of fire and emergency medical services personnel
at the event.
(Ordinance 19-3693 adopted 6/25/19)
(a)
The
applicant shall obtain insurance or bonds as deemed necessary by the
city manager to protect the public, to ensure that the permit conditions
are complied with, or to ensure that the applicant will be able to
pay any claims which may arise out of the proposed activity. The city
manager may establish the types and amounts of coverage including,
but not limited to, public liability insurance, commercial general
liability insurance, workers compensation insurance, business automobile
liability insurance and/or umbrella coverage policies.
(b)
At
a minimum, all insurance coverage shall be in an amount not less than
$1,000,000.00 for 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.
(c)
The
producer shall attach to the application for a film production permit
a certificate of insurance in the amounts required by this section,
naming the city as an additional insured, prior to any film production
permit being issued.
(d)
Due
to the time, scope, size and/or minimal interference with public services
and property, the city manager may reduce or waive the insurance coverages
outlined in this article. Any such reduction or waiver granted by
the city manager must be in writing and signed by the city manager
on a form requesting a reduction or waiver of the insurance requirements.
(Ordinance 19-3693 adopted 6/25/19)
(a)
Cost of city personnel and equipment.
A producer shall
be responsible for paying for the costs of any police, fire, public
works, or other city personnel assigned to the film production, whether
specifically requested by the producer or as may be required by the
city manager. Remuneration rates for the use of any city equipment,
including but not limited to, police cars and fire equipment, shall
be established on a case-by-case basis as determined by the city manager.
The producer shall pay all invoices for such costs promptly upon receipt
of an invoice from the city. The city manager may require an advance
deposit for the use of city equipment.
(b)
Property fees.
Depending upon the extent of the use
of city property, the applicant agrees to reimburse the city for inconveniences
when using public property. The master fee schedule outlines the normal
and customary fees for the activities described. However, in addition
to the authority given the city manager elsewhere in this article,
depending on special circumstances including but not limited to the
size of the film production, the city manager has the authority to
increase or decrease the costs outlined in the master fee schedule
by as much as fifty percent (50%) without further action being taken
by the city council.
(c)
Condition of property/responsibility.
When the producer
uses city property, they acknowledge and represent that they have
inspected the property, know the conditions thereof, and assume full
responsibility for any injury to persons or damage to property by
reason of the use of the property under the film production permit.
(d)
Indemnification and hold harmless.
By submitting an
application, the applicant and producer (if different than the applicant)
agree to defend, release, indemnify and hold harmless the city from
all damages, costs, expenses and attorney fees for all claims and
suits, including claims and suits for death, personal injury, and
property damages arising out of, or connected with, the activities
associated in any way with the film production, whether or not caused
solely or contributed to by any act or omission, active or passive,
negligent or otherwise, of the city, or any officer, employee or agent
of the city.
(e)
Property restoration.
The producer shall promptly repair
or restore any and all public streets, rights-of-way or alleys, including
any and all landscaping and public and private fixtures, structures
and facilities lawfully located thereon, to as good as or better a
condition as before the start of film production. Upon request, the
city manager may require complete pre and post film production photographs
of the location of the film production. Any repair or restoration
that does not comply with the provisions of this article or of any
film production permit issued, as determined by the city manager or
his designee, shall be removed, and subsequently repaired and replaced
by the producer at the expense of the film production permit holder.
(Ordinance 19-3693 adopted 6/25/19; Ordinance
23-3746 adopted 5/23/2023)
(a)
Film production permit applicants may be required to provide security, crowd control and traffic control for the duration of the film production. The type and level of such security will be determined by the chief of police in accordance with the provisions outlined in subsection (b) below. The applicant will be responsible for the cost of the security. In the event the applicant desires to use private security officers, they shall be required to furnish written evidence from a state-certified security agency that arrangements have been made to furnish such security officers as required by the chief of police prior to issuance of a permit. Applicants may elect to use city police officers for such service upon concurrence of the chief of police and payment for such service prior to issuance of a permit.
(b)
In
determining the level of security required, the following nonexclusive
items may be considered by the chief of police:
(1)
If special needs in security, crowd control, or traffic control are
created by the size or nature of the film production or the location
of the film production;
(2)
The film production requires street closures or rerouting of vehicular
or pedestrian traffic; or
(3)
Other factors affecting the public health, safety and welfare the
chief of police may feel relevant.
(Ordinance 19-3693 adopted 6/25/19)
(a)
Notice to adjoining property owners.
Applicants are
responsible for notifying all property owners and occupants of the
neighborhood affected by the proposed film production. Film production
which will take place on public or private property adjacent to private
property shall provide proof to the city that a good faith effort
has been made to notify, in writing, and secure the cooperation of
the affected neighborhood, as determined by the city manager, prior
to a film production permit being issued by the city manager. Such
written notice shall include, at a minimum, a brief written description
of the nature of the film production, the schedule for the proposed
film production, the contact information for complaints or issues
which may arise during film production and contact information of
the city officials where complaints or protests may be lodged. Producers
shall rope off the lawn or other properties of owners or occupants
within the film production area for those who request such protection.
Such measures may not unreasonably impede access to or from the property.
Based upon community feedback, the city manager may grant or deny
the film production application.
(b)
Film production in right-of-way.
Film production that
only utilizes public rights-of-way for a limited period of time shall
not require individual notice to adjoining landowners, but the city
manager may require the posting of signage along the right(s)-of-way
in advance of the filming and may require additional conditions such
as a traffic-control plan.
(Ordinance 19-3693 adopted 6/25/19)
The following film production activities may be conducted within
the city without obtaining a film production permit:
(1)
News
media events including reporters, photographers or camera persons
in the employ of a newspaper, news service, or similar entity engaged
in on-the-spot broadcasting of news events concerning those persons,
scenes or occurrences which will be in the news and are of general
public interest.
(2)
The
filming or videotaping of motion pictures solely for private, noncommercial
personal or family use.
(3)
The
filming or videotaping of a commercial for retail business use that
is conducted entirely on site of the retail business, does not otherwise
interfere with the normal flow or regulation of pedestrian or vehicular
traffic and does not require any special city services.
(4)
Any
project sponsored by a private or public primary or secondary school
conducted entirely on such school’s property and not infringing
on any other person’s or entity’s property within 200
feet.
(5)
Any
project sponsored by an institution of higher education where such
film production is conducted entirely on the institution’s property
and not infringing on the public right-of-way.
(Ordinance 19-3693 adopted 6/25/19)
(a)
Upon
finding that all requirements of this article have been met, the city
manager shall issue the film production permit or issue the permit
with conditions. If the city manager finds that all requirements of
this article are not met or should be denied based on the provisions
of this article, the city manager shall deny the application until
proof of compliance with the terms of this article are provided.
(b)
The
city manager shall grant the permit, grant the permit with conditions,
or deny the permit within ten (10) business days after receipt of
a completed application. Such decision shall be in writing and delivered
to the applicant. The notice shall be delivered using the contact
information for the applicant as provided on the application.
(Ordinance 19-3693 adopted 6/25/19)
The city manager may deny or revoke an application for a film
production permit if:
(1)
The
proposed film production will conflict with another event that has
been previously granted a permit for the same time, site or location;
(2)
The
film production would severely hinder the delivery of normal or emergency
services that cannot be remedied through reasonable accommodations
as determined by the permit board;
(3)
The
time, place or manner of the proposed film production will disrupt
the orderly flow of traffic and no reasonable means of rerouting traffic
or otherwise meeting traffic needs is available;
(4)
The
applicant has been cited for violating this article previously or
has failed to comply with the terms of a previous film production
permit;
(5)
The
applicant makes a false or misleading statement or omission of material
fact on the application for a film production permit;
(6)
The
applicant fails to provide any required insurance or surety bonds
that may be required under this article; or
(7)
The
city manager determines, in his sole discretion, that the film production
would be detrimental to the health, safety and welfare of the citizens
of the city for any reason.
(Ordinance 19-3693 adopted 6/25/19)
An applicant for a permit under this article or the producer
may appeal to the city council the decision of the city manager to
deny issuing a permit or placing conditions on the issuance of the
permit. The applicant may appear for hearing before the city council
to present information concerning why the city council should reverse
the action of the city manager. The applicant or producer must file
a written notice of appeal with the city secretary within five (5)
business days from the finding or action of the city manager. Upon
the filing of such notice of appeal, the application for the permit
and all papers possessed by the city manager in connection with such
application and such permit shall be delivered to the city council
and such matters as may be in controversy shall be heard by the city
council at the next available council meeting. The city council shall
have the same powers and authority at such hearing on such appeal
as is vested in the city manager by this article. The city council
may add such conditions and additional requirements for granting a
permit as the council determines. The decision of the city council
on appeal is final. No further administrative procedures are provided
by the city.
(Ordinance 19-3693 adopted 6/25/19)
(a)
Any violation of this article by any person shall constitute a misdemeanor and shall be punishable by a fine in accordance with the general penalty provision found in section 1.01.009 of this code. This penalty provision shall be in addition to any other legal or equitable remedies available to the city to enforce this article, including the right to obtain an injunction.
(b)
A
person who promotes, sponsors, participates in a film production without
first obtaining a film production permit and with knowledge that no
permit has been issued shall be guilty of a misdemeanor and punishable
in accordance with the penalty provisions of this section.
(c)
The
city through its officials, employees, agents, and representatives
shall have the right at all reasonable times to enter upon the premises
of the film production for the purpose of inspecting and ensuring
compliance with the provisions of this article, and for the doing
of any act or thing which the city may be obligated to or have the
right to do under the permit, this article, or other applicable city
ordinance, rule or regulation.
(Ordinance 19-3693 adopted 6/25/19)
