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HomeMy WebLinkAboutO-1538ORDINANCE NO. 1538 AN ORDINANCE TO PROTECT THE PUBLIC SAFETY, HEALTH AND WELFARE BY PRESCRIBING REGULATIONS FOR FILMING WITHIN FAIRHOPE CORPORATE LIMITS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS: SECTION I: PERMIT REQUIRED WHEN FILMING INSIDE CITY LIMITS A permit application is required for any filming activity taking place within Fairhope's City limits, whether on public or private property. For filming entirely contained on private property this is merely a formality, but notification using the City's approved permit application form is nonetheless required. Prior to the application process, a pre -production meeting is required between the City of Fairhope representative and the Location Manager. The Production Manager and a representative of the Fairhope Police Department may also be included in this meeting. A complete listing of all anticipated locations with tentative dates is requested at this time, as the City representative may know of possible conflicts with City services, local events and festivals, or other filming activities of which the Location Manager may not be aware of. An insurance certificate is also required at this time. All productions are required to maintain public liability insurance policies for filming on location within the City. The following policy amounts are required: General Liability Insurance $1,000,000 Automobile Liability $1,000,000 Worker's Comp & Employer's Liability $1,000,000 No permits will be issued to any production company until this meeting has taken place. An application must be submitted on the City's standard form and presented to the City for review a minimum of 14 working days before the filming activity takes place. Earlier application is recommended and may be required depending on the size of the production, as all permits are issued on a first -come, first -served basis, and time may be needed to work out any difficulties, City services, or lettering associated with the planned activities. Exceptions may be granted due to weather constraints or other emergencies. Notification of affected residents and/or businesses should take place following the City's review of application, and no less than five (5) days prior to the planned activity. One application per location per day is requested; multiple locations listed on the same application, or illegible applications will not be accepted. Incomplete applications will also not be accepted. No more than one filming permit will be issued within any neighborhood or business district for any given time or date. Exceptions may be made for low impact filming only. The Production Company shall limit the activities at each location to those outlined in the permit, within the time frame specified in the permit. Failure of the Production Company to comply with the guidelines and conditions set forth for each permit or the use of any location not specified in the permit shall give the City grounds to revoke the permit or take other restrictive actions as necessary. SECTION II: NOTIFICATION OF AFFECTED BUSINESSES AND RESIDENTS The Production Company is responsible for notifying all businesses and residents affected by the filming activity. Sign -off sheets may be required in places where planned activities may have a significant impact on normal activities of the area; for instance: activities affecting parking or traffic in the Central Business District or in residential neighborhoods, or base camps in residential neighborhoods. Exceptions may be made for low impact filming. The area to be covered by notification may vary depending on the impact of the Ordinance No. 1538 Page-2- proposed activity, but will be a minimum of one to two blocks in each direction of the activity, including parking areas for equipment and base camps, if necessary. SECTION III: TRAFFIC CONTROL AND STREET CLOSURE Approval must be obtained a minimum of 14 business days prior to any film activity which would disrupt the normal flow of traffic. Traffic control, if needed, must be handled by off - duty police officers hired by the Production Company through the Fairhope Police Department. The City retains the right to determine the number of officers needed. All signage required will be at the expense of the production company. No holding of traffic is permitted from 10:00 a.m. to 5:00 p.m. in the Central Business District. Each case will be evaluated individually by the City Film Liaison and the Police Department representative. Interruption of traffic on State maintained streets requires additional approval from the Alabama Department of Transportation. SECTION IV: SPECIAL EFFECTS, EXPLOSIVES AND SIMILAR DEVICES No film activity, which involves the use of explosives, pyrotechnics, fire, smoke making machines or other special effects of this kind, may be undertaken unless specifically approved and permitted by Fairhope Police Department and the Fairhope Volunteer Fire Department. SECTION V: REMOVAL OF VEGETATION Removal or alteration of vegetation or flowers in the public right-of-way or on City owned lands is prohibited. SECTION VI: RESIDENTIAL AREAS The City has certain expectations regarding the presence of Production Companies in our residential neighborhoods. Production Companies should remember at all times that they are guests whose continued presence in these neighborhoods relies solely on the goodwill of the affected residents. Filming in residential neighborhoods may be defined as either low or high impact. In general, low impact residential filming is defined as any filming activity which has a minimal impact on the activities of the neighborhood in question, has a minimal impact on traffic and pedestrian flow and parking, and takes place between the hours of 8:00 a.m. to 8:00 p.m. High impact filming activities may be defined as those which involve extenuating circumstances including, but not limited to, extended hours, displacement of more than 50% of residential on -street parking in neighborhoods where on -street parking is customary and essential to residents, special effects, period shots, extensive set dressing, extensive nighttime lighting, loud noises, gunshots, street closures, and larger than average base camps and/ or larger than average working trucks parked on residential streets. This determination will be made by the City representative in consultation with the location manager on a case - by -case basis. Affected residents within a one -block radius minimum (including equipment trucks and base camps) must be notified by letter no less than three working days in advance. Notification shall include a copy of the Application for Filming Permit accompanied by a cover letter from the Production Company, and should include information concerning the location and duration of the filming activity in question, as well as specifics regarding lights, noise, traffic, and parking where applicable, and contact phone numbers. The Property Owners Ordinance No. 1538 Page -3- Association, if applicable, should also be notified no less than 10 working days in advance of filming. Residents shall have a three day call -in period in which to ask any questions or express concerns or objections, which will be addressed by the City in consultation with the location manager, and at the end of the waiting period, the permit may be issued. If the permit differs substantially from the original application, the location manager shall distribute new copies of the permit to the affected residents; otherwise, no further notification is required. In case of inclement weather or emergency situations, exceptions to the time frame may be considered. Additional guidelines for residential areas are as follows: A. All equipment or support vehicles not in immediate use shall be parked so as not to cause any interference to pedestrians or vehicular traffic. B. Production vehicles must not block fire hydrants, driveways, or other access ramps unless authorized by the City and/or property owner. Ten feet of clearance should be left on either side of affected driveways, unless otherwise authorized. C. Production vehicles must be parked in such a way as to not impede safe lines of vision at intersections, and be in accordance with all City ordinances regarding on street parking. D. Lighting for filming, both during the day and at night, should be oriented away from neighboring residences wherever possible, and should not interfere with the safe movement of traffic. E. Production Companies are responsible for vacating locations used with a minimum amount of noise and disruption at the end of each shooting day. Exceptions may be made for "period" shots or shots that are more than one day in duration. The City Noise Ordinance shall be enforced unless special variance is granted. F. Production Companies blocking or holding traffic on streets scheduled for trash/recycling pickup must allow trucks to access those areas for normal pickup. G. Residents may not charge Production Companies for the use of public right-of-ways in front of their homes, nor prohibit their use without justifiable cause. H. Production Companies are responsible for returning any public right-of-ways used for filming, base camp, or equipment purposes to their original condition in a timely manner, and for repairing damage to foliage, grass, or public property. I. Wherever possible, base camps and dressing room trailers shall be parked away from neighboring residences, and/or take steps to control noise from generators, slamming doors, engines, etc., in accordance with the noise ordinance. J. Base camps and equipment trucks moving into residential areas shall not do so before 6:00 a.m. or after 11:00 p.m. without prior written approval from the City Film Services Office. K. Any filming activity involving holding, delaying or re-routing of traffic in residential areas must be accompanied by at least one off duty police officer. L. The City and the Fairhope Police Department reserves the right to require the presence of a police officer at any filming activity taking place at public parks, or utilizing public property and/or right-of-ways for base camps. M. No parking of equipment of any kind in alleys, including generators, shall be utilized without written permission from the Fairhope Police Department and the City representative and the written consent of affected residents. SECTION VII: DOWNTOWN BUSINESS DISTRICTS Where residential areas exist within the boundaries of the Downtown Business District, the same rules that apply to residential filming must be followed. This determination will be made on a case by case basis. Permitting and Notification Procedure for Filming in the Downtown Business Districts 1. A completed Application for Film Permit shall be submitted to the City Film Ordinance No. 1538 Page 4- Representative for review as far in advance as possible, 21 to 30 days is recommended. Incomplete applications will not be considered or accepted. The City representative shall notify the Location Manager as soon as possible if there are conflicts or concerns regarding the application. Generally, the City representative will issue an official Permit Application on City letterhead for distribution 14 business days before the proposed filming date or earlier where filming activities will have a significant effect. A cover letter from the Production Company, maps, etc., must be distributed along with the official Application, but the official Application is the minimum requirement. 2. The Production Company shall distribute copies of the application to all businesses and residents within a minimum 300 ft. radius of the planned activity; more may be required where traffic flow and parking are heavily impacted, usually no less than 14 business days prior to the planned activity. The Production Company is responsible for seeing that business tenants and residents on upper floors receive the same notification and consideration as street -level tenants. The Production Company shall have each recipient initial for receipt of the Application on the City's approved sign - off form to the City. Incomplete sign -off sheets will not be accepted by the City, and may be grounds for denying permits. 3. Businesses shall have five (5) business days in which to notify the City of any concerns or objections in reference to the proposed film activities. 4. The City shall attempt to resolve concerns or objections reported in consultation with the business and Production Company. 5. If the permit is altered significantly from the original application, the Production Company shall notify all businesses and residents of the finalized plans in writing, including a copy of the permit. 6. In case of inclement weather or emergency situations, exceptions to these time frames may be considered. SECTION VIII: RESTRICTIONS A. The City of Fairhope generally discourages filming in the Downtown Business Districts and will not be permitted during the first Friday of each month and during any special events. Even low impact permits may be denied near merchants whose businesses are highly dependent on sales during these times. B. Because the holiday shopping season is crucial to the survival of downtown businesses, the City of Fairhope generally prohibits filming in the downtown business district during the period between Thanksgiving Day and December 31". Any filming downtown during this period must be low impact, occur after normal business hours, and have approval from affected businesses. Even low impact applications may be denied during this time. C. No more than one film permit shall be issued within any downtown business district or residential neighborhood for any given date. Exceptions may be made for low impact filming. D. The City reserves the right to restrict high impact filming in streets, neighborhoods, parks, or districts which have experienced undue stress due to seasonal festivals and events, heavy filming, natural disasters, etc. The City will notify all known location managers and Production Companies if and when such restrictions are necessary. For this reason, Production Companies are urged to check in with the City Film Services Office before location scouting begins. E. In the event of natural or civil disasters, the City reserves the right to cancel all outstanding film permits on both public and private properties within City limits. Should evacuation of a street, neighborhood, or district be deemed necessary by fire, police, or other emergency authorities, all outstanding permits for that area are null and void. Permits will be re -granted as soon as possible after the State of Emergency proclamation has been lifted, following a safety evaluation conducted by City, Production Company, and Utility Company representatives. F. The City reserves the right to change, modify, update, or waive provisions of these guidelines where necessary for the public's safety and convenience. G. The City reserves the rights to cancel filming permits and/or take further restrictive actions where necessary to assure adherence to these guidelines. Ordinance No. 1538 Page -5- SECTION IX: FEES There are charges associated with the use of certain City services or facilities. Where set fees are established, production companies are charged the same fee as other for -profit ventures for the service or facility used. Services for which a fee has not been established will be charged at the discretion of the City on the basis of time, equipment, and materials. All fees are subject to change. Prior to the granting of any filming permits, the City will require Production Companies to pay the $1,000.00 Film Permit. Additional fees are as follows: Police Police Officers: $30 per hour (three (3) hour minimum) Police Vehicles: $25 per hour Charge for services rendered on late request: There will be an additional $250 charge (first incident) for city services rendered as a result of requests made with less than five (5) working days' notice. SECTION IX: EXEMPTIONS Filming or recording for use in a school project by schools located along the Eastern Shore of Mobile Bay. SECTION X: SEVERABILITY The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by a court of competent jurisdiction, then such ruling shall not affect any other paragraphs and sections, since the same would have been enacted by the municipality council without the incorporation of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION XI: EFFECTIVE DATE This ordinance shall take effect immediately upon its due adoption and publication as required by law. ADOPTED THIS I ITH DAY OF MAY, 2015 ATTEST: i Lisa A. anks, MMC City Clerk