HomeMy WebLinkAboutOrdinance No. 36-1994ORDINANCE NO. 36-94
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING CHAPTER 16, BUSINESSES, OF THE
CITY OF CAPE CANAVERAL CODE OF ORDINANCES TO CREATE A
NEW ARTICLE III, ENTITLED "MOTION AND STILL PHOTOGRAPHY
PRODUCTION PERMITS ", PROVIDING A TITLE; PROVIDING
PURPOSES; PROVIDING DEFINITIONS; PROVIDING FOR THE CITY
MANAGER TO RECEIVE AND PROCESS APPLICATIONS FOR
PERMITS; PROVIDING FOR THE PERMIT REQUIREMENT;
PROVIDING FOR PERMIT APPLICATIONS; PROVIDING FOR
EXEMPTION FROM OTHER CITY CODE REQUIREMENTS;
PROVIDING FOR RECOVERY OF COSTS FOR EXTRAORDINARY
SERVICES PROVIDED BY THE CITY; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Motion Picture and Television Industry contributed over $376 million,
statewide, to the Florida Economy in 1993; and
WHEREAS, the Florida Department of Commerce recognizes a turnover ratio of 3.57
on such expenditures thereby producing a quadrupling economic impact; and
WHEREAS, the Motion Picture and Television Industry is an environmentally desirable
industry for Cape Canaveral without requiring community investment for infrastructure
improvements; and
WHEREAS, the Motion Picture and Television Industry is a service industry requiring
only the cooperation of the communities in which it chooses to work; and
WHEREAS, the climate, diversity of locations and local talent, both behind the cameras
and in front, lend themselves to film and television production in the Fast Central Florida coastal
area; and
WHEREAS, the emergence of the Motion Picture and Television Industry in East
Central Florida will also create additional employment opportunities and serve to broaden the
economic base of our community; and
WHEREAS, the creation of a central coordination agency with standard permit format
City of Cape Canaveral, Florida
Ordinance No. 36 -94
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and a "ONE- STOP" permitting process will enhance the community effort to attract film and
television endeavors to our area.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, as follows:
SECTION 1. That the Code of Ordinances, City of Cape Canaveral, Florida, is hereby
amended by adding an Article to be numbered as follows: Article III of Chapter 16, Businesses,
which said article shall read as follows:
ARTICLE III
MOTION AND STILL PHOTOGRAPHY PRODUCTION PERMITS
Sec. 16-60. Title.
This Article shall be known and cited as the "Cape Canaveral Motion and Still
Photography Production Permit Ordinance".
Sec. 16-61. Purposes.
The purposes of this Article are to establish a ONE -STOP permitting process for motion
picture and still photography on public property owned or controlled by or under the
jurisdiction of Cape Canaveral, to provide a means whereby acts otherwise prohibited by
this Code may be allowed during such productions, and to provide for an exemption from
other City Code permit requirements in recognition of the economic impact of the motion
picture and television industry.
Sec. 16-63. Definitions.
The following words, terms and phrases, when used in this Article, shall have the
meanings respectively ascribed to them in this section, except where the context clearly
requires otherwise:
(a) CITY EQUIPMENT is any tangible property, other than real property,
purchased by public funds and utilized in the normal course and scope of
providing governmental service by the City of Cape Canaveral.
(b)
CITY FACILITY is any public street, sidewalk, place or building owned or
controlled by or under the jurisdiction of the City of Cape Canaveral to include,
but not be limited to, City park and recreation facilities.
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Ordinance No. 36-94
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(c) PRODUCTION is the commercial taking or making of a motion picture,
television, videotape, or still photographic production. This term shall include,
and a production permit shall be required for, such productions on private
property not at a studio involving the erection of tents or other temporary
structures or involving the use of pyrotechnics, explosives, or other incendiary
devices.
(d) PRODUCTION PERMIT (also referred to herein as PERMIT) is the permit
required by this Article.
Sec. 16 -64. City Manager.
The City Manager is hereby authorized to act as the agent for the City of Cape Canaveral
in the receipt; and processing of applications for productions permits. After review and
approval by the applicable City department and final approval by the City Manager, the
permit will be issued.
Sec. 16 -65. Permit required; suspension and/or revocation; violation.
(a) No person shall advertise, engage in, participate in, and /or start any motion and
still photography production on or upon any City facility or utilizing City
equipment unless a production permit shall first have been obtained from the City
Manager. Violation of this section shall be punishable as provided for by 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 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 at the discretion of the City Manager. Continuation of
the production in violation of the suspension and /or revocation shall be punishable
as provided by law.
Sec. 16 -66. Application for permit.
(a) Any person seeking the issuance of a production permit shall file an application
with, and on forms provided by, the City Manager prior to commencement of
production. The application shall be signed by an authorized representative of the
applicant.
(b) The application shall contain the following information:
(1) Location(s) of the production.
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Ordinance No. 36 -94
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(2) Duration and type of the production.
(3) Proof of liability insurance coverage with the City named as an additional
insured as commensurate with the scope of the production.
(4) Special effects to be utilized, especially incendiary or explosive devices.
In addition, the application shall list the person in charge (pyrotechnician)
of such special effects together with his /her qualifications and licensure by
the applicable federal and /or state agencies.
(5) Proposed utilization of City equipment.
(6) Necessity for closures of public streets or sidewalks and duration therefor.
(7) A written summary or explanation of the portion of the production to be
shot within unincorporated areas of the City.
(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) A hold harmless /indemnification agreement for the benefit of the City and
any participating municipality.
(11) The applicant for a motion and still photography production permit shall,
at the time of making application, furnish proof that the applicant carries
worker's compensation insurance for applicant's employees as provided
by the laws of the state. The applicant shall file with the city manager a
certificate of insurance evidencing the carrying of public liability insurance
in an amount not less than $1,000,000.00 per occurrence and
$3,000,000.00 aggregate issued by an insurance carrier authorized to
transact business in the state for the benefit of the City as an additional
insured, as evidence of the ability to respond for damages which may
result from or be attributable to the motion and/or still photography
production. The insurance policy shall be approved by the city manager.
Sec. 16 -67. Non - exemption from other City Code requirements.
Nothing herein contained shall be construed to exempt any holder of a production permit
from any other required licenses, permits, or other required authority or from any other
provision of the City's Code of Ordinances.
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Ordinance No. 36-94
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Sec. 16 -68. Cost for extraordinary services.
The City shall recover its cost 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 production which are outside the normal scope
of government services, and an allocable share of the City's overhead costs will be
applied to the direct charges for personnel, equipment and other direct costs incurred by
the City. Based on the information contained in the permit application, an estimate of
these costs shall be provided to the applicant prior to the issuance of the permit. The
applicant agrees to pay the City in advance for any services provided by the City. The
City Manager's Office will provide coordination and advise the applicant of estimated
costs.
SECTION 2. Severability. If any section, paragraph, phrase, or word of this Ordinance
is held to be unconstitutional or invalid, such portion shall not affect the remaining portions
hereof and it shall be construed to have been a legislative intent to pass this Ordinance without
such unconstitutional or invalid part.
SECTION 3. Conflicting Provisions. Any ordinance, or parts of an ordinance, in
conflict herewith are hereby repealed.
SECTION 4. Effective Date. This ordinance shall take effect immediately upon its
adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 20thday
of September , 1994.
CC:
9rsF Reading; 9/6/94
orted /7/94
Adverts s 9/9/94
d .Rea y 9/20/94
9/21/94 - Jim Morgan, Bldg. Dept.
Bonnie King
Municipal Code Corporation