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.
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)