Sec. 11-1. - Film and print production permits
Except in the H-30 districts including H-30A, H-30B, and those portions of the H-30C District located west of Harding Avenue, the town manager or the manager's designee, shall have the authority within the town to issue, modify or revoke permits for film and print productions in accordance with criteria set forth in this section and the film and print regulations approved by separate resolution of the town commission. Print productions conducted within private property located in the H-30 districts including H-30A H-30B, and those portions of the H-30C district located west of Harding Avenue are permitted in accordance with criteria set forth in this section.
(1) Unlawful without permit. Except for 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, it shall be unlawful to engage in film and print production activities on public property, residentially zoned (private) property, or in film and print activities that require any town services, without a film and print permit.
(2) Additional regulations and conditions may be imposed. The town manager or the manager's designee may impose additional reasonable regulations and conditions to a specific permit to ensure the public health, safety and welfare, and peaceful enjoyment of surrounding residents and businesses, at any time.
(3) Application needed. Individuals or businesses wishing to conduct film, television, video and/or photography projects on public property, private residential property, or any location that impacts or requires town services, must apply in advance to the town, providing a completed application, including proof of insurance and indemnification, as required by the film and print regulations, and receive a permit, before any film or print production activity may commence;
(4) Town services. Upon receipt of a completed permit application, the permit will be reviewed to determine what, if any, town services will be required. Requirements may vary for each production. The town manager or the manager's designee, in their discretion, may require additional town services and/or monetary deposits not specifically listed or codified.
(5) Film and print regulations. The mayor and town commission may adopt by resolution film and print regulations and the town manager or the manager's designee will administer the regulations as they pertain to film and print productions working within the town. The manager may authorize amendments to the regulations proposed by the administration, and shall present such amendments to the town commission for approval, by resolution.
(6) Code of conduct. The town code of conduct for film and print productions shall be distributed with all notification and/or signature forms. Copies are available in the office of arts, culture and entertainment.
(7) Parking. All productions requiring prearranged parking must receive prior approval from both the police department and the town manager or the manager's designee before a permit may be issued. Unless prior approval is received for specific requests, all production vehicles must park legally at all times.
(8) Moratoria. The town manager or the manager's designee, in his sole discretion, is authorized to place a temporary moratorium on the issuance of film and print production permits for locations and/or neighborhoods which have experienced overuse as a result of high volume and/or heavy impact filming. The moratorium shall remain in effect for a maximum period of six months, but may be renewed for additional six-month periods if in the discretion of the manager, the impact of the prior filming activities in the area warrants extension.
(9) Conflict with noise provisions. The town manager or the manager's designee, may issue a permit that authorizes filming in conflict with Chapter 54, Article III, of this Town Code, or other applicable noise ordinance, only where the applicant has met all of the town's requirements for obtaining a permit as prescribed in this division and the film and print regulations, and the filming cannot be performed in compliance with the applicable noise ordinance. Such a permit must specify the precise manner by which the noise ordinance may be exceeded, by what duration, and at what locations. Such permit authorization may be modified or revoked if in the discretion of the manager, or designee, the authorization excessively negatively impacts the surrounding neighborhood. Having a permit shall not relieve the permit holder from compliance with all
other applicable local, county, state or federal laws.
a. Permits shall be maintained at the site on which the photography or filming occurs. Upon the request of any police officer or code compliance officer of the town, the owner, lessee of the property or representative of the production company, shall produce such penult for inspection.
b. Persons engaged in film and print activities without a permit, or otherwise in violation of a permit, this section or the film and print regulations provided for herein, shall be subject to enforcement by town police or code compliance officers, through the issuance of immediate cease and desist orders, the violation of which may subject the offender to arrest, and/or enforcement as provided for in section 1-8 of this Code, and/or notices of violation referred to special masters, who have authority to issue fines or enforce compliance, as provided for herein. As an alternate and supplemental remedy, the town may enforce this section by injunctive relief in any court of competent jurisdiction, and in such circumstance the town shall be entitled to recover its reasonable attorneys' fees and costs. For repeat offenders, the manager or
designee may decline to issue permits to such person or entity for one year, or such other period as the manager deems appropriate.
(Ord. No. 1575, § 2, 6-14-11)