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HomeMy WebLinkAboutOrdinance 2022-589ORDINANCE 2022 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, CREATING CHAPTER 232 OF THE CITY OF SUNNY ISLES BEACH CODE OF ORDINANCES, TO BE TITLED "COMMERCIAL PHOTOGRAPHY", TO PROVIDE FOR THE REGULATION AND PERMITTING OF COMMERCIAL PHOTOGRAPHY ON PRIVATE AND PUBLIC PROPERTY; PROVIDING FOR EXEMPTIONS; PROVIDING FOR PENALTIES; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach ("City") has become very popular as a setting for commercial photography; and WHEREAS, unregulated commercial photography on public property has been to the detriment of general park users, while placing a disproportionate and uncompensated burden on the City; and WHEREAS, unregulated commercial photography on private property also adversely impacts residential neighborhoods, as large scale productions often involve outdoor lighting, excessive noise, and multiple vehicles and trucks, which obstruct local roads and result in illegal parking; and WHEREAS, this ordinance provides the basis for the rules and regulations governing the issuance of permits for commercial photography on public and private property; and WHEREAS, the Mayor and City Commission believe it is in the best interest of the safety, health and general welfare for the City to regulate commercial photography activity in the City, and that said regulations are necessary to protect the public and address quality of life concerns for residents and businesses alike. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:' Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2. Creating Chapter 232 of the Code of Ordinances. Chapter 232 of the City Code is hereby created to read as follows: CHAPTER 232. Commercial photography. 232.1 Commercial Photography Regulations. 1 Additions to existing text are shown by underline, changes to existing text on second reading are shown by double underline, and deletions are shown as StFik g". Commercial photography, which includes still photography, live, commercial, videos or major motion picture filming or video, whether made on or by film, electronic tape, or any other electronic device used to produce theatrical motion pictures, television entertainment motion pictures, industrial motion pictures, commercials, advertisements, promotional content, music videos, social media content, event photography, wedding photography, or print media, er that involves 4+yo44pg the erection and dismantling of production equipment associated therewith, shall be permitted as a temporary use, subject to the f^ ew44R conditions and restrictions set forth in this section. As used herein, the term "production equipment" shall mean props, sets, lights, electric and grip equipment, dolly tracks, screens, microphone devices, scaffolding, temporary structures, and any and all similar production related items. The term "production equipment" does not include hand-held cameras or a single camera on a tripod.: A. No commercial photography shall be conducted on private or public property without a film permit. B. For commercial photography conducted on private property: 1. The owner or lessee of the property upon which the commercial photography is being conducted or a representative of the production company, with the owner's written approval, may obtain such permit. The film permit shall be available for inspection at the site on which the commercial photography is to occur. Upon the request of any police officer or code enforcement officer of the City, the owner, lessee or representative of the production company shall exhibit such permit. 2. The following limitations on the number and type of film permits for residential districts issued annually shall be enforced: a) Large still photography shoots that are not entirely contained within the structure and commercials or corporate/industrial filming recorded on video or motion picture film shall be limited to twelve (12) film permits per year for the same Property, with a maximum of three (3) consecutive days allowed per permit. b) Magor motion pictures, television programs, or music videos, recorded on video or motion picture film shall be limited to three (3) film permits per year for the same property and only one (1) film permit shall be issued during any thirty (30) day period. Each film permit shall be issued for a maximum of fourteen (14) consecutive days, with a maximum of twenty-eight (28) permitted days allowed Per year for the same property. c) Upon written request by the permittee, permitted days which are canceled due to circumstances beyond the control of the production company, such as bad weather days or retakes, may extend the number of permitted days by the number so canceled, without penalty. Whether an extension is permitted under this Chapter shall be in the discretion of the City Manager or designee. C. Commercial Photography on City Property: 1. The issuance of a film permit for commercial photography on City property shall be in the sole discretion of the City Manager or designee, and may be denied if the City Manager or designee finds that the proposed commercial photography: a) Unduly impedes governmental business or public access; or b) Conflicts with previously scheduled activities; or c) Imperils public safety; or d) Negatively impacts the surrounding area or use of the facilities, including but not limited to, traffic, environment, noise, or the public's peaceful enioyment of City property. 2. No film permit for commercial photography to be conducted on City property shall be issued unless the applicant has provided the City Manager or designee with an executed hold harmless agreement in favor of the City in a form acceptable to the City Attorney; 3. The applicant shall be required to provide evidence of public liability insurance in the minimum amount of $1,000,000.00 or as otherwise established by the City. All insurance policies shall name the Citv as additional insured. 4. The film permit application shall include a parking plan for automobiles, trucks and other vehicles connected with the commercial photography. 5. The applicant may be required to post a $5,000.00 cash bond to be held by the City to be used, if necessary, to repair damage to public property caused by the commercial Photography. 6. The film permit shall be available for inspection at the site on which the commercial photography is to occur. Upon the request of any police officer or code enforcement officer of the City, the owner, lessee or representative of the production company shall exhibit such permit. D. It is the intention of this Chapter to protect the City from undue intrusions associated with commercial photography. The City Manager or designee may approve, disapprove, or approve with appropriate conditions, any film permit applied for under this Chapter. Conditions imposed as terms under which a film permit is issued may include. but are not limited to. the followine: 1. Forty-eight (48) hours prior to commencing any permitted commercial photography, the permittee shall notify in writing all property owners within 300 feet of the commercial photography location. At a minimum, the notice to owners shall include, the location, date, and hours of the commercial photography. 2. Hiring of off-duty police officers to supervise traffic and other matters when the public right-of-way is utilized for film purposes. 3. Hiring of off-duty police officers to provide security and control of shoots on private or public property. 4. Limitations on number and location of vehicles or trailers parked on the street or swale area or adjacent or contiguous properties used in the shoot. 5. Limitations on the daily hours or specific times when commercial photography is to take place when such limitations are necessary to limit disruption to the neighborhood. 6. Similar conditions or limitations which are necessary to protect the immediate area from undue intrusions. 7. Compliance with applicable noise provisions, unless otherwise conditionally approved by the City Manager or designee. 8. Commercial parking fees for use of any public parking area if approved. 9. Compliance with all Building Codes and Citv regulations as may be applicable. E. The City Manager or designee may immediately revoke any film permit for violation of any part of this Chapter or any permit condition. F. The City Manager or designee may refuse to issue any film permit applied for if there has been evidence that previous photography at the same location created a disruptive situation in the neighborhood. G. The City Manager or designee may refuse to issue any film permit applied for if, on previous occasions, the company or individuals engaged in the commercial photography has violated conditions or restrictions of film permits issued under this Chapter. H. The City Manager or designee may issue administrative variances to these conditions to accommodate unusual circumstances. The decision of the City Manager or designee on whether to allow an administrative variance shall be final and not subiect to appeal. I. The City Manager or designee may impose additional reasonable regulations and conditions to a specific film permit to ensure the public health, safety and welfare, and peaceful enioyment of surrounding residents and businesses, at any time. J. Permit fees. The permit fee shall be in the amount of one hundred dollars ($100.00), which amount may be adjusted administratively by the City Manager. Permit fees are non-refundable. Upon receipt of a completed permit application, the permit will be reviewed to determine what, if any, City services will be required. Requirements may vary for each production. The City Manager in his/her discretion, may require additional City services and/or monetary deposits not specifically listed or codified. Additionally, film permit applicants may still be responsible for additional fees for use of City facilities or property, as may be applicable. K. Exemptions. The following shall be exempt from the provisions of this Chapter: 1. Small scale still photography shoots that are entirely contained inside a private structure; and 2. Filming by individuals for personal or educational use, and "professional journalists" collecting, photographing, recording, or reporting "news," as such terms are defined in F.S. §90.5015. L. Penalties. In addition to any other legal or equitable remedies available to the City, any person who violates the provisions of this Chapter shall be subiect to the following penalties: 1. First offense within a 12 -month period shall be a fine of $250.00 per day per violation; 2. Second offense within a 12 -month period shall be a fine of $500.00 per day per violation; 3. Third offense and subsequent offenses within a 12 -month period shall be a fine of $1,000.00 per day per violation. Section 3. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the same, are hereby repealed. Section 4. Severability. If any section, subsection, clause or provision of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by such invalidity. Section 5. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of Ordinances of the City of Sunny Isles Beach; that the sections of this Ordinance may be renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word, as required. Section 6. Effective Date. This Ordinance will become effective ten (10) days after adoption at second reading. PASSED and ADOPTED on first reading this ILK day of June, 2022. PASSED and ADOPTED on second reading this st day of July, 2022. ATTEST: I"- Mauricio Betancur, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SU F CIE CY: Edward A. Dion, City Attorney ooe__�� - Dana Robin Goldman, Mayor Moved by: r Second by: (&4AS6WIA6P, VOTE: Mayor Goldman ✓(Yes) (No) Vice Mayor Viscarra J%(Yes) (No) Commissioner Joseph ��- Yes) (No) Commissioner Lama (Yes) (No) Commissioner Stuyvesant (Yes) (No)