ARTICLE 4.1300 FILMING REGULATIONS

 

  Sec. 4.1301     Purpose

 

(a)     The guidelines contained in this article are intended to create a program for promoting economic development activity within the city and the vicinity of the city, in accordance with Chapter 380, Texas Local Government Code. The following guidelines are also intended to protect the personal and property rights of city residents and businesses, and to promote the public health, safety and welfare. The city manager reserves the right to impose additional regulations in the interest of public health, safety, and welfare, or if otherwise deemed appropriate by the city manager.

 

(b)     These guidelines cover requests for commercial use of city-owned property (including but not limited to streets, rights-of-way, parks, and/or public buildings), commercial use of private property which may affect adjacent public or private property, and the use of city equipment and personnel in the filming of movies, television programs, commercials, training films, and related activities.

 

  Sec. 4.1302     City Control/City Manager Authority

 

(a)     The city manager may authorize the use of any street, right-of-way, park, or public building, equipment or personnel for commercial uses in the filming or taping of movies, television programs, commercials, or training films and related activities. In conjunction with these uses, the city manager may require that any or all of the conditions and/or remuneration herein and as specified on the application be met as a prerequisite to that use.

 

(b)     The applicant agrees that the city shall have exclusive authority to grant the applicant the use of public streets, rights-of-way, parks and public buildings of the city, as well as authority to regulate the hours of production and the general location of the production. The city reserves the full and absolute right to prohibit all filming or to order cessation of filming in order to promote the public health, safety or welfare.

 

(c)     The applicant shall allow city departments (e.g., police, fire, building) to inspect all structures, property, devices and equipment to be used in connection with the filming and taping, as deemed appropriate by the city manager.

 

  Sec. 4.1303     Permit Requirements

 

(a)     Before filing an application for filming in the city, the office of the city manager must be contacted to discuss the production’s specific filming requirements and the feasibility of filming in the city.

 

(b)     Any commercial producer who desires to undertake a commercial production in the city is required to complete and return the application for filming, attached to Ordinance O2010-07-06, to the office of the city manager, within the time frames below:

 

(1)     Commercials or Episodic Television. A minimum of two (2) business days prior to the commencement of filming or any substantial activity related to the project.

 

(2)     Feature Films. A minimum of five (5) business days prior to the commencement of filming or any substantial activity related to the project.

 

  Sec. 4.1304     Fees

 

(a)     An application processing fee, shall be as found in Section 1.2002 of this code and should accompany each application for filming in the city.

 

(b)     The city manager may waive this fee upon proof of an organization’s nonprofit status, or for any other reason deemed appropriate by the city manager.

 

  Sec. 4.1305     Use of City Equipment and Personnel

 

(a)     The applicant shall pay for all costs of any police, fire, public works, or other city personnel assigned to the project (whether or not specifically requested by the production). Remuneration rates for the use of any city equipment, including police cars and fire equipment, will be established on a case-by-case basis as determined by the city manager. The applicant shall pay all costs in full within ten (10) days after receipt of an invoice for said costs. The city manager may, at his/her discretion, require an advance deposit for all costs related to city personnel and/or the use of city equipment.

 

(b)     The city manager, in consultation with the chief of public safety, shall have the authority to stipulate additional fire or police requirements and level of staffing for same, at any time during a film project if it is determined to be in the best interest of public health, safety and welfare, which cost shall be borne entirely by the applicant. Off-duty police officers and firefighters shall be paid by the production company at a rate no less than one and one-half times their hourly rate.

 

  Sec. 4.1306     Use of City Property

 

(a)     The city manager may authorize the use of any street, right-of-way, park or public building, use of city name, trademark or logo and/or use of city equipment and/or personnel for commercial uses in the production of movies, television programs, commercials, or training films and related activities. In conjunction with these uses, the city manager may require that any or all of the conditions and/or remuneration as specified herein and on the application be met as a prerequisite to that use. A security or damage deposit may be required within the discretion of the city manager.

 

(b)     The applicant shall reimburse the city for inconveniences when using public property following the rate schedule found in Section 1.2002 of this code.

 

(c)     The applicant acknowledges and agrees that the city possesses and retains exclusive authority to grant the applicant a revocable license for the use of this name, trademark, and logo, public streets, rights-of-way, parks and buildings of the city as well as control over the hours of production and general location of the production. The city reserves the full and absolute right to prohibit all filming or to order cessation of filming activity in order to promote the public health, safety and/or welfare.

 

  Sec. 4.1307     Special Equipment and Vehicles

 

The applicant shall provide a report listing the number of vehicles and types of equipment to be used during the filming, including proposed hours of use and proposed parking locations. Such locations will need to be specifically approved by the city manager. On-street parking or use of public parking lots is subject to city approval. The use of exterior lighting, power generators or any other noise- or light- producing equipment requires on-site approval of the city manager.

 

  Sec. 4.1308     Hours of Filming

 

Unless express written permission has been obtained from the city manager in advance and affected property owners, tenants and residents have been notified, filming will be limited to the following hours: Monday through Friday, 7:00 a.m. to 9:00 p.m., and Saturday, Sunday and holidays, 8:00 a.m. to 8:00 p.m.

 

  Sec. 4.1309     Notification of Neighbors

 

The applicant shall provide a short written description, approved by the city manager, of the schedule for the proposed production to the owners, tenants and residents of each property in the affected neighborhood(s). The applicant, or his designee, shall use their best efforts to notify each owner, tenant and resident of all such property, and shall submit, as part of the application, a report noting each owner, tenant or resident’s comments, along with their signatures, addresses and phone numbers. Based upon this community feedback, and other appropriate factors considered by the city manager, the city manager may grant or deny the filming application.

 

  Sec. 4.1310     Certificate of Insurance

 

The applicant shall attach a valid certificate of insurance, issued by a company authorized to conduct business in the state, naming the city and its agents, officers, elected officials, employees and assigns, as additional insured, in an amount of not less than $1,000,000 general liability, including bodily injury and property damage with a $5,000,000 umbrella; and automobile liability (if applicable) in an amount not less than $1,000,000 including bodily injury and property damage.

 

  Sec. 4.1311     Damage to Public or Private Property

 

The applicant shall pay in full, within ten (10) days of receipt of an invoice, the costs of repair for any and all damage to public or private property, resulting from or in connection with, the production, and restore the property to its original condition prior to the production, or to better than original condition.

 

  Sec. 4.1312     Hold Harmless Agreement

 

The applicant shall sign the hold harmless agreement, on file in the office of the city secretary, holding the city harmless from any claim that may arise from their use of designated public property, right-of-way, or equipment in conjunction with the permitted use.

 

(Ordinance O2010-07-06 adopted 7/6/10)