(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 and businesses,
and to promote the public health, safety and welfare. The city manager
or designee reserves the right to impose additional regulations in
the interest of public health, safety and welfare, or if otherwise
deemed appropriate by the city manager or 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 23-071 adopted 9/19/2023)
(a)
The city manager or 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 city manager or 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 city manager or designee.
(Ordinance 23-071 adopted 9/19/2023)
(a)
Before filing an application for filming in the city, the special
events coordination team 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 attached
application to Ordinance 23-071 for filming to the special events
coordination team, within the time frames below:
(1)
Commercials or episodic television. A
minimum of fifteen (15) business days prior to the commencement of
filming or any substantial activity related to the project.
(2)
Feature films.
A minimum of fifteen (15) business
days prior to the commencement of filming or any substantial activity
related to the project.
(3)
Road closure.
A minimum of ten (10) business days
prior to the commencement of filming or any substantial activity related
to the project that requires public street closures.
(4)
Law enforcement personnel.
A minimum of fifteen
(15) business days prior to the commencement of filming or any substantial
activity related to the project that includes law enforcement personnel.
(5)
City equipment.
A minimum of ten (10) business
days prior to the commencement of filming or any substantial activity
related to the project that includes city equipment.
(Ordinance 23-071 adopted 9/19/2023)
(a)
An application processing fee of $25.00 should accompany each
application for filming in the city.
(b)
The city manager or designee may waive this fee upon proof of
an organization's nonprofit status or for any other reason deemed
appropriate by the city manager or designee.
(Ordinance 23-071 adopted 9/19/2023)
(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 or designee. All permit and facility fees require
advance payment upon receipt of approval confirmation. The city manager
or designee may, at his/her discretion, require an advance deposit
for all costs related city personnel and/or the use of city equipment.
(b)
The city manager or designee, in consultation with the chief
of police and/or fire chief, shall have the authority to stipulate
fire or police requirements and level of staffing, at any time during
a film project if it is determined to be in the best interest of public
health, safety and/or welfare, which cost shall be borne entirely
by the applicant.
(c)
The city shall be reimbursed the full cost of police officers,
firefighters, and any other personnel.
(Ordinance 23-071 adopted 9/19/2023)
(a)
The city manager or 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 city manager or 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 city manager or designee.
(b)
The applicant shall reimburse the city for inconveniences when
using public property. Following is the rate schedule:
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Activity
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Cost per calendar day:
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Total or disruptive use (regular operating hours) of a public
building, park, right-of-way, or public area.
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$500.00
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Partial, nondisruptive use of a public building, park, right-of-way,
or public area.
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$250.00
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Total closure or obstruction of public street or right-of-way,
including parking lots and on-street parking.
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$50.00
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Partial closure or obstruction of public street or right-of-way,
including parking lots and on-street parking.
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$25.00
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Use of city parking lots, parking areas, and city streets (for
the purpose of parking film trailers, buses, catering trucks, and
other large vehicles).
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$50.00
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(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.
(d)
In order to leave the city-owned property in as good condition
as when received, the applicant is responsible for and must provide
professional cleaning and/or sanitation services upon completion of
work, if the city requests such cleaning and/or sanitation services
at any time. Upon such a request by the city, the applicant must obtain
approval from the city of the applicant's arrangements for cleaning
and/or sanitation services (which will not be unreasonably withheld.)
The city may require such approval before use of the city-owned property
for production activity begins.
(Ordinance 23-071 adopted 9/19/2023)
(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 or 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
city manager or designee.
(c)
The use of drones is subject to the applicant being in compliance
with current FAA regulations governing their use.
(Ordinance 23-071 adopted 9/19/2023)
Unless express written permission has been obtained from the
city manager or 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 23-071 adopted 9/19/2023)
The applicant shall provide a short, written description, approved
by the city manager or 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
city manager or designee, the city manager or designee may grant or
deny the filming application.
(Ordinance 23-071 adopted 9/19/2023)
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 23-071 adopted 9/19/2023)
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 23-071 adopted 9/19/2023)
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:
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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 Beaumont,
Texas, and that I and my firm will indemnify and hold harmless the
City of Beaumont, Texas and its elected and appointed officials, officers,
servants, employees, legal representatives, successors, agents, departments
and assigns from any and all losses, damages, expenses, costs, liability,
delays, injury 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 Beaumont, Texas on behalf of the firm.
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Signature
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Date
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Printed Name
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Title
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(Ordinance 23-071 adopted 9/19/2023)
