(a) The
guidelines contained in this policy are intended to create a program
for promoting economic development activity within the city and the
vicinity of the city. The following guidelines are also intended to
protect the personal and property rights of city residents and businesses,
and to promote the public health, safety and welfare. The mayor reserves
the right to impose additional regulations in the interest of public
health, safety and welfare, or if otherwise deemed appropriate by
the mayor or their designee.
(b) These
guidelines cover requests for commercial use of city-owned property
(including but not limited to streets, rights-of-way, parks, and/or
public buildings), commercial use of private property which may affect
adjacent public or private property, and the use of city equipment
and personnel in all types of motion picture production, including,
but not limited to, feature films, television programs, commercials,
music videos and corporate films.
(Ordinance 2016-08-03, sec. 1(1),
adopted 8/2/16)
Any person violating any provision(s) of this article shall be fined in a sum in accordance with the general penalty provided in section
1.01.009 of this code and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
(Ordinance 2016-08-03, sec. 4, adopted 8/2/16; Ordinance adopting 2018 Code)
(a) The
mayor or their designee may authorize the use of any street, right-of-way,
park, 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 mayor or their designee may require that any or all of the
conditions and/or remuneration herein and as specified on the application
be met as a prerequisite to that use.
(b) The
applicant agrees that the city shall have exclusive authority to grant
the applicant the use of public streets, rights-of-way, parks and
public buildings of the city, as well as authority to regulate 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 in order to promote the public health,
safety or welfare.
(c) The
applicant shall allow city departments (e.g., police, fire, building)
to inspect all structures, property, devices and equipment to be used
in connection with the filming and taping, as deemed appropriate by
the mayor or their designee.
(Ordinance 2016-08-03, sec. 1(2),
adopted 8/2/16)
(a) Before
filing an application for filming in the city, the office of the mayor
or their designee must be contacted to discuss the production’s
specific filming requirements and the feasibility of filming in the
city.
(b) Any
commercial producer who desires to undertake a commercial production
in the city is required to complete and return an application for
filming to the office of the mayor or their designee, within the time
frames below:
(1) Commercials or episodic television: A minimum of two (2) business
days prior to the commencement of filming or any substantial activity
related to the project.
(2) Feature films: A minimum of five (5) business days prior to the commencement
of filming or any substantial activity related to the project.
(Ordinance 2016-08-03, sec. 1(3),
adopted 8/2/16)
(a) An application processing fee as established in the fee schedule in appendix
A of this code should accompany each application for filming in the city.
(b) The
mayor or their designee may waive this fee upon proof of an organization’s
nonprofit status or for any other reason deemed appropriate by the
mayor or their designee.
(Ordinance 2016-08-03, sec. 1(4),
adopted 8/2/16)
(a) The
applicant shall pay for all costs of any police, fire, public works,
or other city personnel assigned to the project (whether or not specifically
requested by the production). Remuneration rates for the use of any
city equipment, including police cars and fire equipment, will be
established on a case-by-case basis as determined by the mayor or
their designee. The applicant shall pay all costs in full within ten
(10) days after receipt of an invoice for said costs. The mayor or
their designee may, at his/her discretion, require an advance deposit
for all costs related to city personnel and/or the use of city equipment.
(b) The
mayor or their designee, in consultation with the chief of police
and/or fire chief, shall have the authority to stipulate additional
fire or police requirements and level of staffing for same, at any
time during a film project, if it is determined to be in the best
interest of public health, safety and welfare, which cost shall be
borne entirely by the applicant.
(c) Off-duty
police officers and firefighters shall be paid by the production company
at a rate no less than one and one-half times their hourly rate.
(Ordinance 2016-08-03, sec. 1(5),
adopted 8/2/16)
(a) The
mayor or their designee may authorize the use of any street, right-of-way,
park or public building, use of the city name, trademark or logo and/or
use of city equipment and/or personnel for commercial uses in motion
picture production. In conjunction with these uses, the mayor or their
designee may require that any or all of the conditions and/or remuneration
as specified herein and on the application be met as a prerequisite
to that use. A security or damage deposit may be required within the
discretion of the mayor or their designee.
(b) The
applicant shall reimburse the city for inconveniences when using public
property in accordance with the adopted fee schedule of the city.
(c) The
applicant acknowledges and agrees that the city possesses and retains
exclusive authority to grant the applicant a revocable license for
the use of its name, trademark, and logo, public streets, rights-of-way,
parks and buildings of the city 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 activity in order to promote the public
health, safety and/or welfare.
(Ordinance 2016-08-03, sec. 1(6),
adopted 8/2/16)
(a) The
applicant shall provide a report listing the number of vehicles and
types of equipment to be used during the filming, including proposed
hours of use and proposed parking locations. Such locations will need
to be specifically approved by the mayor or their designee. On-street
parking or use of public parking lots is subject to city approval.
(b) The
use of exterior lighting, power generators, or any other noise-or
light-producing equipment requires on-site approval of the mayor or
their designee.
(Ordinance 2016-08-03, sec. 1(7),
adopted 8/2/16)
Unless express written permission has been obtained from the
mayor or their designee in advance, and affected property owners,
tenants and residents have been notified, filming will be 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.
(Ordinance 2016-08-03, sec. 1(8),
adopted 8/2/16)
The applicant shall provide a short written description, approved
by the mayor or their designee, of the schedule for the proposed production
to the owners, tenants and residents of each property in the affected
neighborhood(s). The applicant, or his or her designee, shall make
a good faith effort to notify each owner, tenant and resident of all
such property, and shall submit, as part of this application, a report
noting owners’, tenants’ and/or residents’ comments,
along with their signatures, addresses and phone numbers. Based upon
this community feedback, and other appropriate factors considered
by the mayor or their designee, the mayor or their designee may grant
or deny the filming application.
(Ordinance 2016-08-03, sec. 1(9),
adopted 8/2/16)
The applicant shall attach a valid certificate of insurance,
issued by a company authorized to conduct business in the state, naming
the city and its agents, officers, elected officials, employees and
assigns, as 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 2016-08-03, sec. 1(10),
adopted 8/2/16)
The applicant shall pay in full, within ten (10) days of 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 original condition prior to the production,
or to better than original condition.
(Ordinance 2016-08-03, sec. 1(11),
adopted 8/2/16)
The applicant 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:
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 Lavon,
Texas, and that I and my firm will indemnify and hold harmless the
City of Lavon, Texas and its elected officials, officers, servants,
employees, successors, agents, departments and assigns from any and
all losses, damages, expenses, costs and/or claims of every nature
and kind arising out of or in connection with the filming/taping and
other related activities engaged in pursuant to this Application.
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I further certify that the information provided on this Application
is true and correct to the best of my knowledge, and that I possess
the authority to sign this and other contracts and agreements with
the City of Lavon, Texas on behalf of the firm.
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Signed: ___________________
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Title: _____________________
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Date: _____________________
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(Ordinance 2016-08-03, sec. 1(12),
adopted 8/2/16)