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HomeMy WebLinkAbout19-3693 ord249 ORDINANCE NO. 19-3693 AN ORDINANCE AMENDING THE CITY OF PLAINVIEW, TEXAS CODE OF ORDINANCES BY AMENDING CHAPTER 4, "BUSINESS REGULATIONS" BY ADDING ARTICLE 4.12 ENTITLED "FILM PRODUCTION — GUIDELINES AND PERMIT" ESTABLISHING A PERMITTING PROCESS AND REGULATING FILM PRODUCTION AND FILMING WITHIN THE CITY AND ON PUBLIC PROPERTY; PROVIDING FOR A PENALTY NOT TO EXCEED $500.00 PER DAY AND INJUNCTIVE RELIEF FOR FAILING TO OBTAIN A PERMIT; PROVIDING AN EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALER AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council for the City of Plainview, Texas pursuant to the constitution and laws of the State of Texas including, but not limited to, Article 11, Section 5 of the Texas Constitution as a home rule city, has the authority to set forth ordinances and regulations and exercise its police powers for the public health, safety, morals, or general welfare of the citizens of the City of Plainview; and WHEREAS, the City Council believes that film production and filming events can contribute to the unique character and vitality of the city and serve to stimulate economic growth and promote tourism thus significantly benefitting the city; and WHEREAS, film production and filming events can have an impact on public safety by impeding or affecting the flow of vehicular and pedestrian traffic as well as having an impact on the peaceable enjoyment of the rights of adjacent private property owners; and WHEREAS, in enacting this ordinance, the City Council desires to facilitate film production and filming events with appropriate regulations that are narrowly tailored to achieve such significant governmental interests as protecting the public safety and welfare; and WHEREAS, the City Council of the City of Plainview, finds the following addition to the Code of Ordinances for the City of Plainview establishing film production and filming event guidelines, regulations and related permitting process will enable the City to plan, prepare and respond to issues affecting the public safety, public property and the rights of adjacent private property owners and are reasonable and beneficial for the public health, safety and general welfare of the citizens of Plainview and a proper exercise of its police power; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PLAINVIEW HEREBY ORDAINS THAT: Film Production Ordinance - Article 4.12 Page 1 of 13 250 SECTION 1. The recitals set forth above are hereby found to be true and correct and are incorporated into the body of this Ordinance for all purposes as if fully set forth herein. SECTION 2. The Code of Ordinances, City of Plainview Texas, is hereby amended by adding Article 4.12 to read as follows: Article 4.12 FILM PRODUCTION — GUIDELINES AND PERMIT Sec.4.12.001 Definitions In this article these words have the meaning indicated unless a different meaning clearly appears from the context: Affected neighborhood. An area that is affected by film production, the boundaries of which are determined by the city manager upon issuance of a film production permit. Unless otherwise specified by the city manager, the affected neighborhood shall consist of all property owners/occupants within 200 feet of the property upon which the film production will take place. Affected resident. An owner, tenant or resident of property within an affected neighborhood. Applicant. A person who has filed a formal written application with the city for obtaining a film production permit. Chi. The City of Plainview, Texas. Film production. The creation or production of moving images, including but not limited to, film, video and digital images, for use in movies, television, commercials, game design, video and digital interactive media, electronic media, and/or other media format, and related activities that: (1) Are conducted primarily outdoors; and (2) Interfere with the normal flow or regulation of pedestrian or vehicular traffic; (3) Require special city services, including but not limited to, street closure, stages, special parking arrangements, special electrical services, special police services or protection, or (4) Require the use of city buildings or property. Film Production Ordinance — Article 4.12 Page 2 of 13 0 251 Film production permit. The written approval from the city manager for film production. News media. The filming or videotaping for the purpose of spontaneous, unplanned television news broadcast by reporters, photographers or camera persons. Permit holder. The person to whom a film production permit is granted pursuant to this article. Producer. A person that has filed a written application for a film production permit, or the designated representative of such producer. May also be referred to as "permitee". Street. Any public or private street, sidewalk, alley, right-of-way, avenue, lane, boulevard, drive, public place or highway commonly used for vehicular or pedestrian travel within the city. Sec. 4.12.002 Authority of the city manager (a) The city manager shall have the authority to issue a permit for film production when requirements of this article have been met. The city manager or their designee shall administer and enforce the provisions of this article and is authorized to establish additional protocols, policies and guidelines consistent with the terms of this article. (b) The city manager may authorize the use of any city street, right-of-way, park, land, public building, the Plainview, Texas name, trademarks or logos, and city equipment or personnel for use for film production. The city manager shall require that any or all of the conditions or remuneration specified in the film production permit be met as a prerequisite to such use and may also require a security deposit or surety bond be provided by the producer in an amount as determined by the city manager. (c) Whenever any film production work is being done contrary to the provisions of this article, the city manager may order the work stopped by giving written notice to the producer, designated representative of the film production or on any persons engaged in doing or causing such work to be done. Once a stop work order has been issued by the city manager all film production activity must immediately cease until such time as the contrary activity is corrected and the city manager lifts the Film Production Ordinance - Article 4.12 Page 3 of 13 252 stop work order by providing written notice in the same manner as described above. 11 Sec. 4.12.003 Permit Required It shall be unlawful for any person to promote or conduct film production without first having applied for and obtained a permit from the city manager pursuant to the requirements outlined in this article. Sec. 4.12.004 Application Procedure (a) An application for a film production permit must be filed not less than ten business (10) days before the film production is to begin. The city manager may waive the 10 business day filing requirement if it is determined that the application can be processed in less than 10 business days, taking into consideration the size of film production, whether special accommodations must be made such as street closures, and the number and types of additional permits or licenses required to be issued to for the film production. (b) The application shall be filed with the city secretary. Upon receiving the application, the city secretary shall forward the application to the city manager for review. At the city manager's discretion, due to the nature of the film production being applied for, the city manager may include any other staff members including the police chief, fire chief and/or other appropriate official to assist the city manager in reviewing the application. (c) The application for film production shall contain, at a minimum, the following information: (1) Complete contact information of the applicant address including, as applicable, the name, resident address, e-mail address, telephone number and mobile telephone number of the applicant. (2) Complete contact information including, as applicable, the name, address, e-mail address and telephone number of any producer or other person who will be located on -site when the film production is taking place and designated as being responsible for complying with this article if someone other than or in addition to the applicant. (3) The name, address, e-mail address, and telephone number of the officer of the film company who authorized the application for permit if someone other than or in addition to the application. Film Production Ordinance Article 4.12 Page 4 of 13 0 253 (4) A full and complete description of the dates and location and where the film production is to take place. If a person intends to conduct film production at more than one location or on more than one date, all such locations and dates must be indicated in the application for a film production permit and such permit shall apply only to the dates and locations so indicated. (5) A general statement or synopsis of the character or nature of the proposed film production. (6) Written permission showing the consent from the owner of the property or their authorized representative for the use of the property. For film production involving the use of property owned or controlled by another governmental entity (i.e. the county, school district, etc.), the applicant is required to obtain permission to use that property from an authorized official of the respective entity. The applicant is responsible for obtaining and providing proof of such permission. Due to the location, size or proposed use of the governmental entity's property, the city manager may require the approval of the governing body as well. (7) Any other information as may be required by the city manager or as outlined on the application form for the film production permit. (d) Application Fee.An application -processing fee of $25.00 shall be required for each application for film production in the city. The city manager may waive this fee for purely charitable, non-profit or educational institutions or projects. Sec. 4.12.005 Public Safety Review Where the city manager determines that a proposed film production could have an adverse impact on public safety through diminished access to buildings, structures, fire hydrants and fire apparatus, access roads or where such film production may adversely affect public safety services of any kind, the city manager shall have the authority to order the development and submittal of a public safety plan for the provision of an appropriate level of public safety. The public safety plan shall address: (1) Emergency vehicle ingress and egress; (2) Fire protection; (3) Emergency medical services; (4) The need for the presence of law enforcement at the event; and Film Production Ordinance - Article 4.12 Page 5 of 13 254 (5) The need for the presence of fire and emergency medical services personnel at the event. Sec. 4.12.006 Insurance (a) The applicant shall obtain insurance or bonds as deemed necessary by the city manager to protect the public, to ensure that the permit conditions are complied with, or to ensure that the applicant will be able to pay any claims which may arise out of the proposed activity. The city manager may establish the types and amounts of coverage including, but not limited to, public liability insurance, commercial general liability insurance, workers compensation insurance, business automobile liability insurance and/or umbrella coverage policies. (b) At a minimum, all insurance coverage shall be in an amount not less than $1,000,000.00 for 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. (c) The producer shall attach to the application for a film production permit a certificate of insurance in the amounts required by this section, naming the city as an additional insured, prior to any film production permit being issued. (d) Due to the time, scope, size and/or minimal interference with public services and property, the city manager may reduce or waive the insurance coverages outlined in this article. Any such reduction or waiver granted by the city manager must be in writing and signed by the city manager on a form requesting a reduction or waiver of the insurance requirements. Sec. 4.12.007 Use of City Personnel, Equipment, Property and Indemnification (a) Cost of City Personnel and Equipment. A producer shall be responsible for paying for the costs of any police, fire, public works, or other city personnel assigned to the film production, whether specifically requested by the producer or as may be required by the city manager. Remuneration rates for the use of any city equipment, including but not limited to, police cars and fire equipment, shall be established on a case -by -case basis as determined by the city manager. The producer shall pay all invoices for such costs promptly upon receipt of an invoice from the city. The city manager may require an advance deposit for the use of city equipment. (b) Property Fees. Depending upon the extent of the use of city property, the applicant agrees to reimburse the city for inconveniences when using Film Production Ordinance — Article 4.12 Page 6 of 13 255 public property. The table below outlines the normal and customary fees for the activities described. However, in addition to the authority given the city manager elsewhere in this article, depending on special circumstances including but not limited to the size of the film production, the city manager has the authority to increase or decrease the costs outlined in the table below by as much as fifty percent (50%) without further action being taken by the city council. Activity Cost per calendar day Total or disruptive use (regular operating hours) $500 of a public building, park, right-of-way, or public area Partial, non -disruptive use of a public building, $250 park, right-of-way, or public area Total closure or obstruction of public street or $50 right-of-way, including parking lots and on - street parking Partial closure or obstruction of public street or $25 right-of-way, including parking lots and on - street parking Use of City parking lots, parking areas, and City $50 streets (for the purpose of parking film trailers, buses, catering trucks, and other large vehicles) (c) Condition of Property/Responsibility. When the producer uses city property, they acknowledge and represent that they have inspected the property, know the conditions thereof, and assume full responsibility for any injuryto persons or damage to property by reason of the use of the property under this film production permit. (d) Indemnification and Hold Harmless. By submitting an application, the applicant and producer (if different than the applicant) agree to defend, release, indemnify and hold harmless the city from all damages, costs, expenses and attorney fees for all claims and suits, including claims and suits for death, personal injury, and property damages arising out of, or connected with, the activities associated in any way with the film production, whether or not caused solely or Film Production Ordinance - Article 4.12 Page 7 of 13 256 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. (e) Property Restoration. The producer shall promptly repair or restore any and all public streets, rights -of -way or alleys, including any and all landscaping and public and private fixtures, structures and facilities lawfully located thereon, to as good as or better a condition as before the start of film production. Upon request, the city manager may require complete pre and post film production photographs of the location of the film production. Any repair or restoration that does not comply with the provisions of this article or of any film production permit issued, as determined by the city manager or his designee, shall be removed, and subsequently repaired and replaced by the producer at the expense of the film production permit holder. Sec. 4.12.008 Security (a) Film production permit applicants may be required to provide security, crowd control and traffic control for the duration of the film production. The type and level of such security will be determined by the chief of police in accordance with the provisions outlined in subsection (b) below. The applicant will be responsible for the cost of the security. In the event the applicant desires to use private security officers, they shall be required to furnish written evidence from a state -certified security agency that arrangements have been made to furnish such security officers as required by the chief of police prior to issuance of a permit. Applicants may elect to use city police officers for such service upon concurrence of the chief of police and payment for such service prior to issuance of a permit. (b) In determining the level of security required, the following non-exclusive items may be considered by the chief of police: (1) If special needs in security, crowd control, or traffic control are created by the size or nature of the film production or the location of the film production; (2) The film production requires street closures or rerouting of vehicular or pedestrian traffic; or (3) Other factors affecting the public health, safety and welfare the chief of police may feel relevant. Film Production Ordinance — Article 4.12 Page 8 of 13 257 Sec. 4.12.009 Special Notice Requirements (a) Notice to Adjoining Property Owners. Applicants are responsible for notifying all property owners and occupants of the neighborhood affected by the proposed film production. Film production which will take place on public or private property adjacent to private property shall provide proof to the city that a good faith effort has been made to notify, in writing, and secure the cooperation of the affected neighborhood, as determined by the city manager, prior to a film production permit being issued by the city manager. Such written notice shall include, at a minimum, a brief written description of the nature of the film production, the schedule for the proposed film production, the contact information for complaints or issues which may arise during film production and contact information of the city officials where complaints or protests may be lodged. Producers shall rope off the lawn or other properties of owners or occupants within the film production area for those who request such protection. Such measures may not unreasonably impede access to or from the property. Based upon community feedback, the city manager may grant or deny the film production application. (b) Film Production in Right -of -Way. Film production that only utilizes public rights -of -way for a limited period of time shall not require individual notice to adjoining landowners, but the city manager may require the posting of signage along the right(s)-of-way in advance of the filming and may require additional conditions such as a traffic -control plan. Sec. 4.12.010 Exemptions The following film production activities may be conducted within the city without obtaining a film production permit. (1) News media events including 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 private, noncommercial personal or family use. (3) The filming or videotaping of a commercial for retail business use that is conducted entirely on -site of the retail business, does not otherwise interfere Film Production Ordinance - Article 4.12 Page 9 of 13 258 with the normal flow or regulation of pedestrian or vehicular traffic and does not require any special city services. (4) Any project sponsored by a private or public primary or secondary school conducted entirely on such school's property and not infringing on any other person's or entity's property within 200 feet. (5) Any project sponsored by an institution of higher education where such film production is conducted entirely on the institution's property and not infringing on the public right-of-way. Sec. 4.12.011 Permit Application Review and Issuance (a) Upon finding that all requirements of this article have been met, the city manager shall issue the film production permit or issue the permit with conditions. If the city manager finds that all requirements of this article are not met or should be denied based on the provisions of this article, the city manager shall deny the application until proof of compliance with the terms of this article are provided. (b) The city manager shall grant the permit, grant the permit with conditions, or deny the permit within ten business (10) days after receipt of a completed application. Such decision shall be in writing and delivered to the applicant. The notice shall be delivered using the contact information for the applicant as provided on the application. Sec. 4.12.012 Denial or revocation (a) The city manager may deny or revoke an application for a film production permit if: (1) The proposed film production will conflict with another event that has been previously granted a permit for the same time, site or location; (2) The film production would severely hinder the delivery of normal or emergency services that cannot be remedied through reasonable accommodations as determined by the permit board; (3) The time, place or manner of the proposed film production will disrupt the orderly flow of traffic and no reasonable means of rerouting traffic or otherwise meeting traffic needs is available; Film Production Ordinance - Article 4.12 Page 10 of 13 259 (4) The applicant has been cited for violating this article previously or has failed to comply with the terms of a previous film production permit; (5) The applicant makes a false or misleading statement or omission of material fact on the application for a film production permit; (6) The applicant fails to provide any required insurance or surety bonds that may be required under this article; or (7) The city manager determines, in his sole discretion, that the film production would be detrimental to the health, safety and welfare of the citizens of Plainview, Texas for any reason. Sec. 4.12.013 Appeal An applicant for a permit under this article or the producer may appeal to the city council the decision of the city manager to deny issuing a permit or placing conditions on the issuance of the permit. The applicant may appear for hearing before the city council to present information concerning why the city council should reverse the action of the city manager. The applicant or producer must file a written notice of appeal with the city secretary within five business (5) days from the finding or action of the city manager. Upon the filing of such notice of appeal, the application for the permit and all papers possessed by the city manager in connection with such application and such permit shall be delivered to the city council and such matters as may be in controversy shall be heard by the city council at the next available council meeting. The city council shall have the same powers and authority at such hearing on such appeal as is vested in the city manager by this article. The city council may add such conditions and additional requirements for granting a permit as the council determines. The decision of the city council on appeal is final. No further administrative procedures are provided by the city. Sec. 4.1211 Penalty; Enforcement; Right of Entry (a) Any violation of this article by any person shall constitute a misdemeanor and shall be punishable by a fine in accordance with the general penalty provision found in Section 1.106 of this code. This penalty provision shall be in addition to any other legal or equitable remedies available to the City to enforce this article, including the right to obtain an injunction. Film Production Ordinance — Article 4.12 Page 11 of 13 260 (b) A person who promotes, sponsors, participates in a film production without first obtaining a film production permit and with knowledge that no permit has been issued shall be guilty of a misdemeanor and punishable in accordance with the penalty provisions of this section. (c) The city through its officials, employees, agents, and representatives shall have the right at all reasonable times to enter upon the premises of the film production for the purpose of inspecting and ensuring compliance with the provisions of this article, and for the doing of any act or thing which the city may be obligated to or have the right to do under the permit, this article, or other applicable city ordinance, rule or regulation. SECTION 3. Penalty. A violation of any provision of this Ordinance shall be deemed a misdemeanor punishable in accordance with Section 1.01.009 of the Code of Ordinances, City of Plainview, Texas. SECTION 4. Effective Date. This ordinance shall take effect immediately from and after its passage and publication as may be required by governing law. SECTION 5. Repealed. All other terms and provisions of the Code of Ordinances, City of Plainview, Texas not in conflict herewith and not hereby amended shall remain in full force and effect. SECTION 6. Severability. If any provision, section, subsection, sentence, clause or the application of same to any person or set of circumstances for any reason is held to be unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining portions of this ordinance or the application thereby shall remain in effect, it being the intent of the City Council of the City of Plainview, Texas in adopting this ordinance, that no portion thereof or provision contained herein shall become inoperative or fail by any reasons of unconstitutionality of any other portion or provision. SECTION 7. Publication. The City Secretary of the City of Plainview is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. Passed and approved on first reading this 28th day of May, 2019. Passed and approved on second reading this 25th day of June, 2019. Film Production Ordinance — Article 4.12 _ZZ Wendell Dunlap, Mayor Page 12 of 13 0 261 ATTEST: &d k-l-< Belinda Hinojosa, C Secretary APPROVED AS TO CONTENT: C k Jeffrey ny e- ity Manager APPROVED AS TO FORM: Ma ew L. Wade, City Attorney Film Production Ordinance - Article 4.12 Page 13 of 13