The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Affected neighborhood.
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.
Affected resident.
An owner, tenant or resident of property within an affected neighborhood.
Film production.
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:
(1) 
Are conducted primarily outdoors; and
(2) 
Interfere with the normal flow or regulation of pedestrian or vehicular traffic; or
(3) 
Require special city services, including but not limited to, street closure, stages, special parking arrangements, special electrical services, special police services or protection, or use of city buildings or property.
Film production permit.
The written approval from the city manager for film production.
Producer.
A person that has filed a written application for a film production permit, or the designated representative of such producer.
(Ordinance 2018-17 adopted 7/3/18)
(a) 
The city manager may authorize the use of any city street, right-of-way, park, land, public building, the Buda, Texas 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 shall require a security deposit in an amount as determined by the city manager.
(b) 
The city manager may prohibit, or order the cessation of, all film production if such activities are detrimental to the public health, safety and welfare.
(c) 
City personnel may inspect all structures, devices and equipment to be used in connection with film production at all times, as directed by the city manager.
(Ordinance 2018-17 adopted 7/3/18)
(a) 
Prior to filing an application for a film production permit, the person seeking such permit must contact the city manager to discuss the specific requirements for such film production.
(b) 
A person seeking a film production permit shall file an application with the city manager upon forms provided by the city and shall pay a nonrefundable application fee in an amount specified in a schedule of fees adopted by the city council. Such application must be submitted within the following time frames:
(1) 
An application for a feature film shall be filed not less than ten days before the commencement of filming or any substantial activity related to the film production.
(2) 
An application for commercials, episodic television or other media must be submitted not less than five days before the commencement of filming or any substantial activity related to the film production.
(3) 
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.
(4) 
The city manager shall ensure that other licenses and permits, restrictions, regulations, fees for the city services, safeguards or other conditions deemed necessary by individual city departments for the safe and orderly conduct of a film production be requested, submitted and approved before the film production permit is granted; e.g., health permits, police personnel permits, street closure permits, park facility use permits; fire permits, or electrical permits.
(Ordinance 2018-17 adopted 7/3/18)
(a) 
A producer shall 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 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) 
The city manager shall have the authority to stipulate additional fire or police requirements, and level of staffing for same, at any time during a film production if it is determined to be in the best interest of public safety, health and welfare, which cost shall be borne by the producer. Off-duty police officers and firefighters shall be paid by the producer consistent with established off-duty rates, as amended.
(Ordinance 2018-17 adopted 7/3/18)
(a) 
The producer shall reimburse the city for use of city property, including but not limited to parks and public buildings in such amounts specified in a fee schedule adopted by city council.
(b) 
The producer shall reimburse the city for use of streets, rights-of-way or other public property for which usage costs are not specified in a fee schedule, as determined by the city manager.
(c) 
The city shall have full control over city property used for film production, as well as full control over the hours and general location of film production.
(Ordinance 2018-17 adopted 7/3/18)
(a) 
The producer shall provide, in the application for a film production permit, the number and types of vehicles and equipment to be used during film production, including proposed hours of use and proposed parking locations. All such use and parking, including but not limited to, on-street parking or use of public parking lots, must be approved before issuance of a film production permit.
(b) 
The use of exterior lighting, power generators, or any other equipment that produces noise or light must be approved by the city manager.
(Ordinance 2018-17 adopted 7/3/18)
(a) 
Film production is 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.
(b) 
Hours of film production may vary from those above only if the producer has obtained written permission of the city manager for different hours and has provided notice of such hours to the affected residents.
(Ordinance 2018-17 adopted 7/3/18)
(a) 
The producer shall provide a written description and a schedule of the film production to the affected residents.
(b) 
The producer shall make a good faith effort to identify residents who reasonably appear to be affected by the film production activities and shall make reasonable attempts to contact them regarding the film production activities and shall submit a report noting the comments of such affected residents as part of the application. Such report should include statements of consent by any residents consenting to the activities and the physical and email addresses and telephone numbers of all residents contacted and attempted to be contacted, if no contact was made.
(Ordinance 2018-17 adopted 7/3/18)
(a) 
The producer shall attach to the application for a film production permit 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.
(b) 
The producer shall 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 film production, and restore the property to its original condition prior to the production, or to better than original condition.
(c) 
The producer shall indemnify and hold harmless the city, its officers, employees, agents, and representatives against all claims of liability and causes of action resulting from injury or damage to persons or property arising out of the film production.
(Ordinance 2018-17 adopted 7/3/18)
If a film production requires the use of any city property, equipment or personnel, the producer shall comply with any terms set forth by the city manager regarding such use and any other matters pertaining to the film production.
(Ordinance 2018-17 adopted 7/3/18)
The city manager may deny an application for a film production permit if:
(1) 
The film production will conflict in time and location with another film production, special event, block party or parade for which a permit has already been granted;
(2) 
The applicant fails to comply with, or the film production will violate, an ordinance of the city or any other applicable law;
(3) 
The applicant makes or permits the making of a false or misleading statement or omission of material fact on an application for a film production permit;
(4) 
The applicant has been convicted of violating this article, has had a film production, special event or block party permit revoked within the preceding 12 months, or has failed to pay any additional costs assessed by the city for a previous film production, special event or block party within the previous two years;
(5) 
The applicant fails to provide proof of a license or permit required by this article or another city ordinance or by state law;
(6) 
The film production would unduly hinder or compromise the delivery or performance of normal services, including previously scheduled construction or maintenance services, or emergency services, or constitutes a public threat;
(7) 
The applicant fails to provide any required insurance or surety bonds that may be required under this article;
(8) 
The applicant fails to pay any additional costs as may be required by the city manager;
(9) 
The applicant fails to submit a complete application or fails to provide any additional information requested by the city manager;
(10) 
The proposed date or time for the film production or the location of the film production or parking for such film production would unduly interfere or disrupt the educational activities of a school when such school is in session; or
(11) 
The city manager determines, in his/her sole discretion, that the film production would be detrimental to the health, safety and welfare of the citizens of Buda, Texas for any reason.
(Ordinance 2018-17 adopted 7/3/18)
A film production permit shall be revoked upon any of the following conditions:
(1) 
In the event that the chief of police, fire chief, director of utilities, other city officials or their designated representatives find that any of the provisions of this article, another city ordinance, or state law is being violated, they shall immediately notify the city manager, and the film production permit issued hereunder shall be revoked;
(2) 
When, in the judgment of the above-named officials, a violation exists which requires immediate abatement, they shall have authority to temporarily revoke a film production permit in the absence or unavailability of the city manager and notice the city manager of same; after review of the revocation of the circumstances leading to the temporary revocation, the city manager shall reverse or affirm the temporary revocation; or
(3) 
The applicant made or permitted to be made a false or misleading statement or omission of material fact on an application for a film production permit.
(Ordinance 2018-17 adopted 7/3/18)
(a) 
A person commits an offense if he/she commences or conducts film production without a film production permit or with a film production permit that has expired or been revoked.
(b) 
A culpable mental state is not required for the commission of an offense under this section; therefore, it shall be subject to the penalty as provided for in section 1.01.009(a) of this code.
(c) 
It is hereby determined that this section governs fire safety and public health and, therefore, any person violating or failing to comply with any of the provisions of this section, and, if it is shown at the time of trial that the conduct was intentional, it shall be subject to the penalty as provided for in section 1.01.009(b) of this code.
(Ordinance 2018-17 adopted 7/3/18)