The use of public and private property in the city for commercial motion picture and television film productions, both for feature programming and the production of commercials, has been found to have a significant impact on the residents of this community. Therefore, the city council has determined that filming regulations are necessary to provide a balance between the needs of the citizens of the city and the needs of the filming industry.
(1996 Code, sec. 4.1101)
Charitable films.
Commercials, motion pictures, television, videotapes, or still photography produced by a nonprofit organization which qualifies under section 501(c)(3) through (14) of the Internal Revenue Code as a charitable organization. No person, directly or indirectly, shall receive a profit from the marketing of the film or from showing the films, tapes or photos.
Film coordinator.
The person(s) designated by the city manager to coordinate and facilitate the city’s film permit application and monitoring process.
Large production.
Motion picture, television, and still photography which includes all activity required for staging and shooting commercial motion pictures, television shows or photographs, and commercials, and requires four or more vehicles on location, including equipment vehicles, trailers, and personal vehicles of production personnel.
News media.
The filming or videotaping for the purpose of spontaneous, unplanned television news broadcast by reporters, photographers or camera persons.
Small production.
Motion picture, television, and still photography which includes all activity required for staging and shooting commercial motion pictures, television shows or photographs, and commercials, and requires no more than three vehicles on location, including equipment vehicles, trailers, and personal vehicles of production personnel.
(1996 Code, sec. 4.1102)
Any person, firm or corporation violating any of the provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the city, shall be subject to a fine in accordance with the general penalty provision found in section 1.01.009 of this code.
(1996 Code, sec. 4.1108)
(a) 
Permit required.
No person shall use any public or private property, facility or residence for the purpose of motion picture, television or still photography without first applying for and receiving a film permit from the film coordinator.
(b) 
Exemptions.
(1) 
The provisions of these regulations shall not apply to or affect 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 noncommercial family use.
(3) 
Charitable films will be exempt from all fees, but must comply with all permit requirements and other regulations hereof.
(4) 
Any project sponsored by Highland Park Independent School District performed entirely on HPISD property and not infringing on any other person’s or entity’s property within 200 feet.
(5) 
Any project sponsored by Southern Methodist University filmed entirely on SMU property or in the city areas zoned UC-1 or UC-2 and not infringing on the public right-of-way.
(1996 Code, sec. 4.1103)
(a) 
Change of date.
Upon the request of the applicant, the film coordinator shall have the power, upon a showing of good cause, to change the date for which the permit has been issued, provided established limitations are complied with in respect to time and location and availability of required city personnel.
(b) 
Application requirements.
The film coordinator shall maintain and enforce a permit application process requiring the following at a minimum:
(1) 
The name of the owner and the address and telephone number of the place at which the activity will be conducted.
(2) 
The specific location at such address or place.
(3) 
The inclusive hours and dates such activity will occur.
(4) 
A general statement or synopsis of the character or nature of the proposed filming.
(5) 
The name, address, and telephone number of the film company and person(s) in charge of the filming activity.
(6) 
The exact number of personnel to be involved.
(7) 
A list of animals to be used in the filming.
(8) 
The exact amount/type of vehicles/equipment to be used.
(9) 
The name, address and telephone number of the officer of the film company who authorized the application for permit.
(10) 
The name, address, and telephone number of the film company’s designated agent for service of process.
(11) 
The application shall be signed under penalty of perjury under the laws of the state.
(12) 
The application shall be filed not less than three (3) working days before the filming is to begin for small productions and no less than ten (10) working days before the filming is to begin for large productions.
(13) 
If the applicant requests the use of city property, the filming company shall provide a written indemnification and hold harmless, signed by an authorized agent, officer or employee of the film company or entity, in substantially the form set out in section 4.09.007(l) of this article.
(c) 
Review of application; notification of residents; conditions.
(1) 
Review of application.
Upon receipt of the properly completed application, the film coordinator will forward a copy of the application to all department directors to determine if any part of the proposed filming affects an area of city operations for which the respective departments are responsible. Each department director shall review the application and return it with any written comments to the film coordinator within two (2) working days of receipt thereof.
(2) 
Notification of residents and business owners.
All residents and business owners within a 300-foot radius of the large production filming project, as well as any residents or business owners whose property is adjacent to parking areas being requested, must be notified of the project in writing. Residents and business owners noted above must be provided with a copy of the filming permit neighborhood impact notification form during the notification process. Filming company representatives must fully answer any questions an individual might have regarding the filming activity, including use of supplemental business contracts between the impacted residents and businesses and the filming company. Proof of notification must be submitted with the application for permit.
(3) 
Prohibited activities.
The use of pyrotechnics, car crashes, gunfire and/or other dangerous stunts and displays is prohibited.
(4) 
Hours for filming.
The hours for filming are between 7:00 a.m. and 10:00 p.m. Special filming hours may be approved at the discretion of the film coordinator. Requests for special filming hours must be made in writing to the film coordinator at the time of the application.
(5) 
Duration of project.
A filming project is not to exceed three (3) consecutive days in duration unless special permission is granted by the film coordinator.
(d) 
Application fee.
The city council shall establish and maintain by resolution a film permit application fee system in accordance with the requirements of the city’s fee resolution.
(e) 
Use fee.
The city reserves the right to charge a daily use fee for use of its buildings, facilities, or equipment in addition to the required permit fee.
(f) 
Reimbursement for costs of city personnel.
The applicant shall reimburse the city for any personnel costs plus overhead (i.e., police, fire, traffic, etc.) directly related to providing assistance to the filming activity. The film coordinator may require a cash deposit at the time of the application to ensure partial or full payment of personnel costs.
(1996 Code, sec. 4.1104)
(a) 
Liability insurance.
Before a permit is issued, a certificate of insurance must be provided for a minimum of $1,000,000.00 which names the city and the officers and employees of the city as additional insured. Included in the liability insurance shall be contractual indemnity coverage. The certificate of insurance shall not be subject to cancellation or modification until after thirty (30) days’ written notice to the city’s film coordinator. A copy of the certificate shall remain on file with the film coordinator. These requirements may be waived or reduced for small productions at the discretion of the film coordinator.
(b) 
Workers’ compensation insurance.
An applicant shall conform to all applicable federal and state requirements for workers’ compensation insurance for all persons operating under the film permit. The applicant shall provide proof of coverage. These requirements may be waived for small productions at the discretion of the film coordinator, unless the entity undertaking the production is required by law to maintain such coverage.
(c) 
Indemnity and hold harmless agreement.
An applicant shall execute an agreement indemnifying and holding the city harmless prior to the issuance of a permit under these regulations. The agreement shall be substantially in the wording set out in section 4.09.007(l) of this article.
(d) 
Faithful performance bond.
To ensure cleanup and restoration of the site, an applicant may be required to post a refundable faithful performance bond in an amount not to exceed $25,000.00 at the time an application is submitted. Upon completion, the bond or balance of the bond will be returned to the applicant.
(1996 Code, sec. 4.1105)
(a) 
Changes to permit.
Any change to the initial permit requires completion of a filming permit revision form and appropriate application revision fee. All changes require 24 hours’ notice, and exceptions may be granted at the sole discretion of the film coordinator.
(b) 
Rights granted by permit.
The permit is issued to the applicant by the city for the purpose of filming a commercial motion picture, television, film or still photograph within the city.
(c) 
Possession of permit; compliance with parking and traffic regulations.
The permit must be in the possession of the applicant at all times while on location. Posted parking regulations and/or vehicle code regulations shall be enforced unless otherwise noted.
(d) 
Transfer of permit.
The permit shall not be assigned by the applicant without the prior written consent of the film coordinator.
(e) 
Authority of city representative; revocation of permit.
The applicant shall be subject to the city’s control and instructions of the city representative assigned for the purpose of monitoring film activities in the city. The film coordinator may suspend or revoke a permit in the following circumstances:
(1) 
Where there has been material misrepresentation in the permit application.
(2) 
Where the filming activity, as conducted, has become a hazard to persons or property, or caused a hardship or become disruptive to neighboring businesses or residents.
(3) 
Any violation of this article or the permit, or any other applicable law.
No person shall conduct, or continue to conduct, filming activity after suspension or revocation of a filming permit.
(f) 
Change of date.
Upon the request of the applicant, the film coordinator may, upon showing of good cause, change the date for which the permit has been issued, provided established limitations are complied with in respect to time and location.
(g) 
Temporary suspension of activity.
The film coordinator may temporarily suspend filming activity when police, fire or other city personnel assigned to the location are required to respond to an emergency elsewhere in the city.
(h) 
Liability insurance.
The applicant must provide a certificate of insurance indicating proof of an insurance policy as required by section 4.09.006(a). The policy must state “The City of University Park, its officers, agents and employees are hereby named as additional insured.” This insurance is primary to the coverage of the city and shall provide contractual indemnity coverage. This requirement may be waived or reduced for small productions at the discretion of the film coordinator.
(i) 
Workers’ compensation insurance.
The applicant must present proof of workers’ compensation insurance. This requirement may be waived for small productions at the discretion of the film coordinator.
(j) 
Other conditions.
The applicant/permittee agrees to abide by any other terms and conditions imposed by the city which are attached to the permit.
(k) 
Removal of structures, rubbish, etc.
On or before the date of expiration of this permit, the permittee shall remove from said properties all location sets, structures, rubbish and unsightly matter placed on the property by the applicant. In the event the applicant fails to do so, the city may cause same to be done, and the applicant agrees to pay the city for all costs incurred therefor.
(l) 
Use of city property; indemnification of city.
When the permittee uses city property, the permittee acknowledges and represents that it has inspected the property, knows the condition thereof, and assumes full responsibility for any injury to persons or damage to property by reason of the use of said property under this permit, and undertakes and agrees to release and hold harmless and indemnify the city and all its officers and employees from and against all actions, claims, loss, demands, expense, damage or liability of any nature whatsoever, for death or injury to any person or damages to any property in any matter arising by reason of or incident to the exercise or enjoyment of the premises herein given, 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.
(m) 
Use fee.
The applicant will pay the city a use fee for use of city facilities as locations or use of equipment in filming activities, in addition to other costs and fees required.
(n) 
Termination of permit; payment of fees; return of deposit.
The permit may be terminated at any time by either the city or the permittee, and until so terminated the permittee agrees to abide by all the terms and conditions thereof, and to pay all fees and charges herein provided. In the event the applicant has made a deposit for costs and filming is terminated or if costs equal to the deposit are not incurred, a pro rata amount of such deposit shall be returned to the applicant by the film coordinator.
(1996 Code, sec. 4.1106)
The permittee, and makers of charitable films, shall at all times:
(1) 
Make sure all catering, craft services, construction, strike and personal trash is removed from the location.
(2) 
When filming in a neighborhood or commercial business area, make sure proper notification is provided to each business or resident within a 300-foot radius of the actual location as well as any residents or businesses whose property is adjacent to requested parking areas. The filming notice shall include:
(A) 
Name of company;
(B) 
Name of production;
(C) 
Kind of production (e.g., feature film);
(D) 
Duration of activity, to include days and hours of filming; and
(E) 
Company contact (1st AD, UPM, location manager).
(3) 
Confine cast and crew meals to the area designated in the location agreement or permit. Individuals shall eat within the designated meal area during scheduled crew meals.
(4) 
Prohibit removal, trimming and/or cutting of vegetation or trees unless approved by the film coordinator or property owner.
(5) 
Remove or replace all signs erected or removed for filming purposes upon completion of the day’s filming, unless otherwise stipulated by the location agreement or permit.
(6) 
Keep noise levels as low as possible.
(7) 
Require production vehicles arriving on location in or near a residential neighborhood to enter the area at a time no earlier than stipulated by the location agreement or permit.
(8) 
Prohibit the removal, moving, or towing of a private vehicle without the express permission of the film coordinator or the owner of the vehicle.
(9) 
Not park production vehicles in or block driveways without the express permission of the film coordinator or driveway owner.
(10) 
Insure that all members of the cast and crew behave in a courteous manner.
(11) 
Insure that articles of clothing which display vulgarities are not worn by any person involved in the filming activity.
(12) 
Not interfere with the normal activities of the neighborhood, unless specified in the location agreement or permit.
(13) 
Not allow cast or crew to bring personal animals (pets) to the location.
(1996 Code, sec. 4.1107)