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G. The City Manager or designee may refuse to issue any film permit applied for if, on previous <br />occasions, the company or individuals engaged in the commercial photography has violated <br />conditions or restrictions of film permits issued under this Chapter. <br />H. The City Manager or designee may issue administrative variances to these conditions to <br />accommodate unusual circumstances. The decision of the City Manager or designee on whether <br />to allow an administrative variance shall be final and not subiect to apoeal. <br />I. The City Manager or designee may impose additional reasonable regulations and conditions to <br />a specific film permit to ensure the public health, safety and welfare, and peaceful enjoyment of <br />surrounding residents and businesses, at anv time. <br />J. Permit fees. The permit fee shall be in the amount of one hundred dollars ($100.00), which <br />amount may be adjusted administratively by the City Manager. Permit fees are non-refundable. <br />Upon receipt of a completed permit application, the permit will be reviewed to determine what, <br />if any, City services will be required. Requirements may vary for each production. The City <br />Manager in his/her discretion, may require additional City services and/or monetary deposits not <br />specifically listed or codified. Additionally, film permit applicants may still be responsible for <br />additional fees for use of City facilities or property, as may be applicable. <br />K. Exemptions. The following shall be exempt from the provisions of this Chapter: <br />1. Small scale still photography shoots that are entirely contained inside a private <br />structure; and <br />2. Filming by individuals for personal or educational use, and "professional journalists" <br />collecting, photographing, recording, or reporting "news," as such terms are defined in <br />F.S. §90.5015. <br />L. Penalties. In addition to anv other legal or eauitable remedies available to the Citv, anv person <br />who violates the provisions of this Chapter shall be subiect to the following penalties: <br />1. First offense within a 12 -month period shall be a fine of $250.00 per day per violation; <br />2. Second offense within a 12 -month period shall be a fine of $500.00 per day per violation; <br />3. Third offense and subsequent offenses within a 12 -month period shall be a fine of $1,000.00 per <br />day per violation. <br />Section 3. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the <br />same, are hereby repealed. <br />Section 4. Severability. If any section, subsection, clause or provision of this Ordinance is <br />declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not <br />be affected by such invalidity. <br />Section 5. Inclusion in the Code. It is the intention of the City Commission, and it is hereby <br />ordained that the provisions of this Ordinance shall become and made a part of the Code of <br />Ordinances of the City of Sunny Isles Beach; that the sections of this Ordinance may be <br />renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall <br />be changed to "Section" or other appropriate word, as required. <br />137 <br />