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2010-10-C • CITY OF CLERMONT ORDINANCE NO. 2010-10-C AN ORDINANCE OF THE CITY OF CLERMONT AMENDING CHAPTER 54, "STREETS, SIDEWALKS AND OTHER PUBLIC PLACES ", BY CREATING NEW ARTICLE III "MOTION PHOTOGRAPHY PERMITTING ", CREATING NEW SECTIONS 54.90 ET. SEQ. PROVIDING FOR DEFINITIONS, PROVIDING PERMIT REQUIREMENTS, PROVIDING FOR A PERMIT APPLICATION, PROVIDING STANDARDS FOR ISSUING OF PERMITS, PROVIDING FOR THE RECOVERY OF COSTS FOR EXTRAORDINARY SERVICES, PROVIDING FOR EXEMPTIONS FROM ZONING REQUIREMENTS; PROVIDING FOR PENALTIES AND PROVIDING FOR SEVERABILITY, CONFLICT, CODIFICATION AND EFFECTIVE DATE. WHEREAS, the City Council of the City of Clermont pursuant to the home rule authority of the City has the authority to adopt regulations and restrictions with regard to the use of City property and City streets, sidewalks and other public places; and WHEREAS, the City Council of the City of Clermont, Florida finds it in the best interest of the citizens of Clermont to establish a motion photography permitting process and requirement for the lawful, regulated and restricted use of the City's facilities, equipment, property, streets, sidewalks and other public places. NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Clermont, Florida, as follows: SECTION 1. Chapter 54, Article II1, "Motion Photography Permitting ", Sections 54 -90, Et. Seq. of the City Code are created to read as follows: Sec. 54 -90 Definitions. The following terms, when used in this article, shall have the meanings respectively assigned to them in this section. City equipment is any tangible property, other than real property, purchased or leased by public funds and utilized in the normal course and scope of providing governmental service by city. City facility is any public street, sidewalk, place or building owned, leased or controlled by or under the jurisdiction of city. 1 CITY OF CLERMONT ° ORDINANCE NO. 2010-10-C • - City manager means the City Manager of the City of Clermont; and other employees of city who are so designated by the city manager to execute his /her authority as granted herein. Motion photography is the commercial, regardless of whether for profit, taking or making of a motion picture, television, videotape, or film production utilizing city equipment or utilizing city facilities, including any site alteration necessary for such production. This term shall include, and a production permit shall be required for, such productions on private property not at a studio: (1) Involving the erection of tents or other temporary structures; (2) Involving the uses of pyrotechnics, explosives, or other incendiary devices; (3) Emitting noise sufficient to violate the noise ordinance of city. This term shall not include the shooting of such film at studios constructed for such purpose where no city equipment or city facilities are involved and shall not include any news, news feature, or documentary production. Motion photography production permit (also referred to herein as "production permit" or "permit') is the permit required herein. Sec. 54 -91. Permit required. All persons engaging in motion photography shall obtain a production permit from the city manager prior to beginning any motion photography within the city or utilizing city facilities. Sec. 54 -92. Application for permit. (a) Filing of application. Any person seeking the issuance of a .production permit shall file an application with, and forms provided by, the city. Said application shall be filed not more than one hundred eighty (180) days before, and not less than ten (10) working days before the commencement of production. The application shall be signed by an authorized representative of the applicant. i .. (b) Information required. The application shall contain the following information: 2 CITY OF CLERMONT ORDINANCE NO. 2010-10-C (1) Location(s) of the production. (2) Duration, hours and type of the production. • (3) Proof of general liability insurance coverage in the amount of at least one million dollars ($1,000,000.00) with the city named as an additional insured. (4) Special effects to be utilized, including but not limited to, incendiary or explosive devices, with proof of five million dollars ($5,000,000.00) liability insurance therefore. In addition, the application shall list the person in charge (pyrotechnician or other person) of such special effects together with his /her qualification and licensing by the applicable federal and /or state agencies. (5) Proposed utilization of city equipment. • (6) Necessity for closures or interruption of public streets, sidewalks or other city facilities and for what duration. (7) A written summary or explanation of the production. (8) Number and type of vehicles and /or equipment and number of personnel to be on location with the production. (9) An agreement to pay for extraordinary services provided by the city. (10) Certificate to the city manager that all affected private property owners and tenants have been notified of the filming and that arrangements have been made to cause the least disruption for the property owners and tenants as possible. (11) Written consent of any private property owners of any property where equipment, cast or crew will enter on said private property. (c) Fee for application. The City Council shall provide by resolution a fee for the submission and review of the permit application. The fee shall be paid at the time of submission of the application and shall be non - refundable. 3 • CITY OF CLERMONT ORDINANCE NO. 2010-10-C Sec. 54 -93. - Standards for issuance of permits; rules and procedures. The city manager shall issue a permit for motion photography production as provided herein if, from a consideration of the application and from other information as may otherwise be obtained, it appears that: (a) The production activity to be permitted will not unduly interrupt the safe and orderly movements of pedestrian or vehicular traffic in or contiguous to the location of the production activity. (b) The conduct of the production activity will not require the diversion of police officers, fire and emergency services personnel or other city employees so as to interfere with the provision of normal police and fire protection and other services required be furnished to other parts of city. (c) The concentration of persons, animals and/or vehicles and /or the intrinsic nature of the production activity will not interfere unduly with the fire, police, and other emergency services and protection to areas contiguous to the production activity area and other areas of the city. (d) The conduct of the production activity is not reasonably likely to cause injury to persons or property or to provoke disorderly conduct as defined in F.S. § 877.03 or other, applicable law. (e) Adequate sanitary and other required health facilities are or will be made available, in or adjacent to, the production activity area. (f) The conduct of the production activity will not result in noise of a level inappropriate for the areas surrounding the assembly. (g) Neither the conduct of the production activity or the inherent nature of the production activity present a threat or an undue hampering or risk to the public health, welfare and safety of the city, the general public or the property and /or personnel of city. In issuing the permit, the city manager may attach conditions regarding the location, type, duration and hours of the production. 4 CITY OF CLERMONT ORDINANCE NO. 2010-10-C Sec. 54 -94. - Costs of extraordinary services. The city shall recover reasonably estimated expenses for extraordinary services rendered in connection with a production. Such costs shall include, but not be limited to, charges for personnel and /or equipment committed in support of the productions which are outside the normal scope of governmental services. Based on the information contained in the permit application and such consultations as may be required between the applicant and appropriate city officials, an estimate of these costs will be provided to the applicant and submitted by the applicant with his/her application for the permit when such is filed with the city manager. The city manager may require pre - payment of all or a portion of these estimated costs prior to issuance of the permit. At the conclusion of the production, expenses below or in excess of the estimates will be refunded by the city or paid by the applicant, respectively. Sec. 54.95. - Exemptions from other county ordinances or zoning resolution requirements. Once a production permit has been issued, and notwithstanding any other provisions of the Clermont City Code, Land Development Regulations or other regulatory requirements of city to the contrary, no other city permits shall be required for any of the activities forming a part of the permitted motion photography production. However, the production must obtain any necessary state or federal permits and must adhere to the terms and conditions contained in the production permit. Provision of the rules and regulations of any city department, may be suspended by the city manager in connection with the conduct of a permitted motion photography production activity pursuant to this section. Sec. 54 -95. - Penalties. (a) Violation of this article shall be punishable pursuant to general law. (b) Failure to comply with the terms and conditions of the production permit once issued shall be grounds for immediate suspension of the production by the city manager until such time as the non - compliance is remedied. The suspension shall be initially communicated orally, followed by a written suspension order. Continued failure to comply with the terms and conditions of the production permit may result in revocation of the permit. Continuation of the production in violation of the suspension and /or revocation shall be punishable pursuant to general law. 5 CITY OF CLERMONT ORDINANCE NO. 2010-10-C (c) It shall be unlawful for any person in charge of or responsible for, any motion photography production for which a permit is required to knowingly fail to comply with any condition of the permit and such failure to comply shall be punishable pursuant to general law. (d) In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this article shall be deemed a public nuisance and may be abated by the city as provided by law, and each day that such condition continues shall be regarded as a new and separate offense. SECTION 2. Severability. It is declared to be the intent of the City Council that, if any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof. SECTION 3. Conflict. Any portion of the Code of Ordinances, City of Clermont, Florida or any ordinance or part thereof in conflict with this ordinance is hereby repealed to the extent of such conflict. SECTION 4. Codification. The provisions of Section 1 of this Ordinance shall be codified as and become and be made a part of the Code of Ordinances of the City of Clermont. The Sections of this Ordinance may be renumbered or relettered to accomplish such intention and the word "Ordinance ", or similar words, may be changed to "Section," "Article ", or other appropriate word. The Code codifier is granted liberal authority to codify the provisions of this Ordinance. SECTION 5. Effective Date. This ordinance shall be published as provided by law and shall take effect immediately upon its Second Reading and Final Passage. 6 CITY OF CLERMONT ORDINANCE NO. 2010-10-C PASSED AND ADOPTED the City Council of the City of Clermont, Lake County, Florida on this 14 day of September 2010. CITY OF CLERMONT ,1d S. Turville, Jr., Mayor ATTEST:: A Ai Tracy Ackroyd, City Clerk 7