(a)
The regulations contained in this article are intended to create
a program for promoting economic development activity within the city
and its vicinity. The following article is also intended to protect
the personal and property rights of the city's residents and
businesses, and to promote public health, safety, and welfare. The
city council or the city manager may impose additional regulations
in the interest of public health, safety, and welfare, or if otherwise
deemed appropriate.
(b)
This article covers requests for commercial use of city-owned
property (including but not limited to public 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, resources, and personnel in all types of motion
picture production (including, but not limited to, feature films,
television programs, commercials, music videos, documentaries, and
corporate films).
(Ordinance 2023-68 adopted 8/8/2023)
(a)
The city manager may authorize by permit the use of any street,
right-of-way, park, public building, equipment, or personnel for commercial
uses in the filming or taping of movies, television programs, documentaries,
commercials, training films, or other media, 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 city shall have exclusive authority to grant an applicant
the use of public streets, rights-of-way, parks, public buildings,
equipment, resources, and personnel of the city, as well as authority
to regulate the hours of production and the general location of the
production. The city council reserves the full and absolute right,
and authorizes the city manager, to prohibit all filming or to order
cessation of filming when necessary to promote public health, safety,
and welfare.
(c)
Any 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.
(d)
A permit under this article does not constitute a grant of any
ownership, leasehold, easement, or other property interest or estate
in any city property or other property.
(Ordinance 2023-68 adopted 8/8/2023)
(a)
Before filing an application for filming in the city, city staff
should be contacted to discuss the production's specific filming
requirements and the feasibility of filming in the city, and to coordinate
other logistics and/or questions. Any commercial producer who desires
to undertake a commercial production in the city is required to complete
and return the application for filming to city staff, within the time
frames below:
(b)
For any production requesting closure of city property, the
city shall require an application no later than three (3) months before
the requested closure.
(c)
The applicant shall obtain and maintain any and all licenses,
permits, copyrights, permissions, or other requirements necessary
to comply with state and federal laws governing the project.
(Ordinance 2023-68 adopted 8/8/2023)
An application processing fee, as set forth in the city's
comprehensive fee schedule, shall accompany each application for filming
in the city. The applicant shall reimburse the city for costs and
inconveniences of using public property, personnel, facilities, and/or
other resources, as described in this article. The master fee chart
shall outline the fee rate schedule.
(Ordinance 2023-68 adopted 8/8/2023)
(a)
The applicant shall pay for all costs of any police, fire, public
works, parks and recreation, 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 police
or fire requirements and level of staffing, at any time during a project
if it is determined to be in the best interest of public health, safety,
and welfare. Such costs shall be borne entirely by the applicant.
Any off-duty police officers or firefighters used shall be paid directly
by the applicant at by the production company at a rate no less than
one and one-half their city hourly rate, or the city's official
public safety off-duty rate, whichever is higher.
(Ordinance 2023-68 adopted 8/8/2023)
(a)
The city manager may authorize the use of any street, right-of-way,
park, or public building, use of city's name, trademark, or logo
and/or use of city equipment and/or personnel for commercial uses
in the project. 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. The applicant shall not use, and applicant shall
prohibit its employees and contractors from using, city property for
any activities not expressly permitted by the city, which may include,
but is not limited to, construction of structures, changing, modifying,
or damaging property, or causing hazardous material to be brought
onto the property. Any right of use granted to the applicant for use
of city property shall be subject and subordinate to the city's
necessary uses for municipal purposes. The city retains the right
to all other persons to use the city property at the time that applicant
is using the city property in a manner that does not unreasonably
interfere with applicant's permitted activities.
(b)
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, 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 welfare, or convenience, or to protect
the personal or property rights of city residents or businesses.
(c)
In order to leave city-owned property in as good condition as
when received, the applicant is responsible for and must provide professional
cleaning, street sweeping, and/or sanitation services upon completion
of work, if the city requests such 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 such services (which
will not be unreasonably withheld). The city may require such approval
before use of the city-owned property before production activity begins.
(Ordinance 2023-68 adopted 8/8/2023)
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 manager approval.
The use of exterior lighting, power generators, or any other noise-
or light-producing equipment requires approval of the city manager.
(Ordinance 2023-68 adopted 8/8/2023)
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 city-recognized holidays: 8:00 a.m. to
10:00 p.m.
(Ordinance 2023-68 adopted 8/8/2023)
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) or areas where filming is to occur. The applicant,
or his or her designee, shall notify each owner, tenant, and resident
of all such property of the impacts to such property during the production
(including but not limited to public property or street closures),
and shall submit, as part of the application, a report noting any
owners', tenants' and/or residents' comments and associated
contact information. 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 2023-68 adopted 8/8/2023)
The applicant shall attach a valid certificate of insurance,
issued by a company authorized to conduct business in the state for
a policy with insurance amounts and requirements as stated on the
application for permit.
(Ordinance 2023-68 adopted 8/8/2023)
The applicant shall restore any property used in accordance
with this article to its original condition prior to the production,
or to better than original condition, and 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.
(Ordinance 2023-68 adopted 8/8/2023)
The applicant shall sign a hold harmless agreement with the
city.
(Ordinance 2023-68 adopted 8/8/2023)
Any person, firm, or corporation who intentionally, knowingly
or recklessly violates any provision of this article, as amended,
shall be subject to a fine not to exceed the sum of five hundred dollars
($500.00) for each offense, and each and every day any such offense
shall continue shall be deemed to constitute a separate offense, provided,
however, that in all cases involving an intentional, knowing, reckless,
or criminally negligent violation of any provision of this article,
as amended, governing public health shall be subject to a fine not
to exceed the sum of two thousand dollars ($2,000.00) for each offense,
and each and every day any such offense shall continue shall be deemed
to constitute a separate offense.
(Ordinance 2023-68 adopted 8/8/2023)
