HomeMy WebLinkAboutOrdinance 2022-594ORDINANCE 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.
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
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 StFikethFGUgh.
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pictures, industrial motion pictures, commercials, advertisements, promotional content, music
videos, social media content, event photography, wedding photography, or print media, s
that involves g the erection and dismantling of production equipment associated
therewith, shall be permitted as a temporary use, subject to the fe4owi 4g 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 annuallv 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) Major 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
enloyment of City property.
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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 City 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 following:
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 DhotoeraDhv.
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 City 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.
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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 apoeal.
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 enjoyment of
surrounding residents and businesses, at anv 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 anv other legal or eauitable remedies available to the Citv, anv 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.
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Section 6. Effective Date. This Ordinance will become effective ten (10) days after adoption
at second reading.
PASSED AND ADOPTED on first reading this day of June 2022.
PASSED AND ADOPTED on second reading this j day A r X022.
ATTEST:
Mauri�io Betanc jr, CMC, City Clerk
First Reading
Motion: k *Y'6c
Dana Robin Goldman, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Edward A. Dion, City Attorney
Second Reading
Motion:i/��
Second:.M i Second: �� �'
Vote on First Reading:
Mayor Goldman
,AYes)
(No)
Vice Mayor Viscarra
Commissioner Joseph
3/ (Yes)
Yes)
(No)
(No)
Commissioner Lama(
Yes)
—5/(Yes)
(No)
Commissioner Stuyvesant
(No)
Vote on Second Reading:
Mayor Goldman
(Yes)
(No)
Vice Mayor Viscarra
_44� (Yes)
(No)
Commissioner Joseph
(Yes)
(No)
Commissioner Lama
(Yes)
—Y(Yes)
(No)
Commissioner Stuyvesant
(No)
138
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?t •FLO �S
�Tr ar sura r''
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
VIA: Stan Morris, City Manager
FROM: Susan Simpson, Deputy City Manager
DATE: September 15, 2022
RE: Establishing an Ordinance to Require Film Permits for Commercial Filming
RECOMMENDATION:
Staff recommends approval of this Ordinance.
REASONS:
In August of 1999, the City of Sunny Isles Beach entered into an Interlocal Agreement with Miami
Dade County to perform the function of the permitting process for commercial filming in Sunny Isles
Beach on behalf of the city. The initial term was for 5 years with a five year option to renew. In 2009,
the City entered into another Interlocal Agreement with Miami -Dade County to continue thesf
permitting services for an initial 5 year term with a five year option to renew.
Since the 2009 agreement expired, the City has not had any formal policy for permitting commercial
filming within our jurisdiction. As the city has transitioned to a more community based mission, where
quality of life is paramount, the City wishes to manage these permits at the local level rather than at
the county level.
The proposed ordinance formalizes the process and practices that city staff have been following for
the last 23 years through the relationship with Miami -Dade County. This ordinance will not impose
any greater restrictions on the commercial filming industry than has existed under the current
program.
ATTACHMENTS:
Ordinance (Added on 9/15/22)
Item Number: 9.1)
132
Item Number: 9.13
133