Any person violating any of the provisions of this article shall be fined in a sum not to exceed two thousand dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
(Ordinance 1160-03-18, sec. 4.07.017, adopted 3/12/18)
The regulations contained in this article are intended to create a program for promoting economic development activity within Hondo and the vicinity of the city. The regulations are also intended to protect the personal and property rights of the city, its residents and businesses, and to promote the public health, safety and welfare. These regulations 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 1160-03-18, sec. 4.07.001, adopted 3/12/18)
The fees for use of city property in connection with a city-authorized film project are as set forth in the fee schedule in appendix A of this code, unless modified or waived for any such project by a majority vote of city council.
(Ordinance 1160-03-18, sec. 4.07.002, adopted 3/12/18; Ordinance adopting 2019 Code)
Before filming all or any portion of a movie, television show, commercial, or other film project in the city, the operating executive in charge of the film project, or its authorized agent, must contact the office of the city manager to discuss the project’s specific filming requirements and the feasibility of filming in the city.
(Ordinance 1160-03-18, sec. 4.07.003, adopted 3/12/18)
(a) 
The city manager 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 city manager 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 city manager.
(Ordinance 1160-03-18, sec. 4.07.004, adopted 3/12/18)
(a) 
Before filing an application for filming in the city, the office of the city manager 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 the approved application for filming to the office of the city manager, 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 1160-03-18, sec. 4.07.005, adopted 3/12/18)
(a) 
An applicant that wants to use city-owned property in connection with a film project must complete and submit to the office of the city manager an application for commercial filming.
(b) 
The application must be submitted to the office of the city manager. along with a processing fee in the amount set forth in the fee schedule in appendix A of this code, on the following schedule:
(1) 
For commercials or episodic television, no fewer than two (2) business days prior to the commencement of filming or any substantial activity related to the project;
(2) 
For feature films and all other projects, no fewer than five (5) business days prior to the commencement of filming or any substantial activity related to the project.
The city manager may waive this fee upon proof of an organization’s nonprofit status or for any other reason deemed appropriate by the city manager.
(Ordinance 1160-03-18, sec. 4.07.006, adopted 3/12/18)
If an application is approved, the applicant must complete, sign and return to the office of the city manager (i) the Guidelines for Filming in Hondo, Texas, and (ii) the location agreement, both prior to any production activity commencing on any city-owned property. A film project for which an application has been submitted and approved, and for which guidelines and a location agreement have been fully executed and submitted to the city, is a city-authorized film project for purposes of this code.
(Ordinance 1160-03-18, sec. 4.07.007, adopted 3/12/18)
(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 city manager. The applicant shall pay all costs in full within ten (10) days after receipt of an invoice for said costs. The city manager 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 city manager, 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 who provide police and fire services shall be paid by the production company at a rate no less than one and one-half times their hourly rate.
(Ordinance 1160-03-18, sec. 4.07.008, adopted 3/12/18)
(a) 
The city manager 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 city manager 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 city manager.
(b) 
The applicant shall reimburse the city for inconveniences when using public property. The rate schedule is as set forth in the fee schedule in appendix A of this code.
(Ordinance 1160-03-18, sec. 4.07.009, adopted 3/12/18; Ordinance adopting 2019 Code)
(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 city manager. 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 city manager.
(Ordinance 1160-03-18, sec. 4.07.010, adopted 3/12/18)
Unless express written permission has been obtained from the city manager 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 1160-03-18, sec. 4.07.011, adopted 3/12/18)
The applicant shall provide a short written description, approved by the city manager, 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 city manager, the city manager may grant or deny the filming application.
(Ordinance 1160-03-18, sec. 4.07.012, adopted 3/12/18)
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. Depending on the production, the city manager, at his/her sole discretion, may increase minimum insurance amounts.
(Ordinance 1160-03-18, sec. 4.07.013, adopted 3/12/18)
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 1160-03-18, sec. 4.07.014, adopted 3/12/18)
The city shall have full control over the use of its name, trademark, logo, public streets and buildings while any are being used, as well as control over the hours of production and the general location of the production. If an applicant will be undertaking any filming on city-owned property, and in order for the city to protect the context in which its name, trademark, logo, public streets and buildings are depicted, the applicant must submit the script to the city for general review prior to the city being asked to execute a location agreement. The city reserves the full and absolute right to prohibit all filming or to order cessation of filming activity if it is determined to be hazardous to the public health, safety and welfare.
(Ordinance 1160-03-18, sec. 4.07.015, adopted 3/12/18)
The applicant shall sign a city attorney approved hold harmless agreement holding the city, its officials, employees and representatives 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.
(Ordinance 1160-03-18, sec. 4.07.016, adopted 3/12/18)