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HomeMy WebLinkAbout1996-03 Requiring The Issuance of Permits For Use of Public or Private Property For FilmingOrdin An Ordinance Ameding the City the Use of Publitor Private Pr. Commercials, or other Video Pr THE CITY COUNCIL OF THE CITY OF Section 1 The City Code is amended SECTION 1350- MOTION PICTURES No. 1996-3 e to Require the Issuance of Permit for ty for the Filming of Motion Pictur s, tions or for Comme cial Photograp by DINA ORDAINS: adding a new Section 1350 as follow COMMERCIAL P OTOGRAP 1350.01 Purpose and Ob ectives. The purpo of this Section is to the health, safety and the gei ieral welfare of the I ublic from the undes the filming of motion pictui es and other comm cial filming or phot le effects to protect iated with 1350.02 Definitions. The term "commercia photography" as us in this Sectio means all activities associated with the production of moti n photography or still photography for which a fee is charged for the use, reproduction or showing the product of the ph tography inclu ing: motion pictures, commercials, advertisements, videos other similar products. 1350.03 Permit Required; Exception. No p,-rson shall engage in commercial p ography on any privately owned property, publicly owned p perry, or public rights of way unless permit has been procured therefor. Provided, however, no permit shall be required for the follo ng: A. Commercial photography taking place on non-residential property or public provided that publicly wned property or p iblic rights of way are not used for si or parking vehicles or equipment. B Commercial pho graphy intended o ly for the use and enjoyment of tho whose person or prop rty are being filme and for which there i no commerc as family portraiture d wedding photo aphy. C. Commercial photographers lawfully to Section 850 of this (Code. 1350.04 Application. The provisions of this Section 160 of this Code. Any person or pi photography shall make application therefor on set forth the name, address, telephone number, the obligations of the applicant, the location of take place; whether the co ercial photograph} the time and duration of the filming and related used; a description of theypes and numbers proposed parking areas, street and sidewalk close proposed use of City equipir tent and personnel; as a customari home Subsection are in addition to the req rsons desiring a pe it to conduct i form provided by th Clerk. The al id date of birth of the person respons the place where the c mmercial phot involves still photography or motion activities; whether or not artificial lig :)f equipment that will be used; al d res, and outdoor stagig areas; a desc rid an estimate of pers nnel and equip of way storage individuals value such pursuant of icant shall .e to fulfill raphv will g will be iption of .on of the it needed for the purpose of crowd cobtrol, security, traffi 1350.05 Fee. The fee for la permit required b Section 185 of this Code. The City may also estal property for commercial photography. In additio. and expenses incurred by the City in connection expenses shall include, but not be limited to, char; and other public property. used upon the infi applicant shall deposit with th'p Clerk a prepayme the conclusion of the commercial photography, a be refunded by the City or paid by the applicant control and other public safety this Section shall b in the amount et forth in ish and charge a fee r the rental of ity owned to the permit fee, the pplicant shall p y all costs th the commercial ph tography. Su costs and s for personnel, equi men and dama to streets rnation contained in he permit appli ation, the t of the City's estima ed costs and ex enses. At ual costs below or in xcess of the es 'mate will p the case may be. 1350.06 Review and Approval Process. Thep visions of Section 1 0 of this Codes all apply to all permits required by this Section and to the h lders of such permits. f Applications r permits to allow commercial photography sessions shall b reviewed and appro ed as follows: Subd. 1 Manager IssuaOce. The Manager s ; A Commercial photography that doe provided that no outdoor filming or outd or after 10:00 P.M. B. Commercial photography where all storage and staging needs are accommo( Such permits shall not exceed 10 days in issue or deny not exceed three c, )r artificial lighting C. Commercial photography taking pla outdoor filming or outdoor artificial light P.M. No permit shall be issued unless the Manager i 1. The commercial photography will not general welfare. for the ,utive days in duration place before 7100 A.M. filming takes place ndoors and all arking, ited on the property ubject to the th permit. luration. (-, only on City park p operty providethat no ng take place before :00 A.M. or aftir 10:00 2. The commercial photography will noj parking shortages 3. The commercial photography will not c to parks, streets, rights of way or other pub 4. No commercial photography permit ha. for a location within 500 feet of the local however, the Manager may waive this requii finds that the purpose and objectives of this the new permit. The Ma ager may require t I' the public cause undue traffic ate an excessive property, and been issued during tf.. )n described in the ment and issue a new >ection will be further e applicant to submit safety, mokals, or or or result in preceding 18q days mit if the Mahager by the issue of dence satisf tory to the Manager that demonstrates th properties located in the vicinity of 1he location proposed for commercial photograph will not be adversel effected by the issuance of a new permit. application. P ovided, however, the Council {may waive this requ rement and issue a ne Subd.2 Council Issuance. The Council all issue or deny pe it applications hich may not be issued by the Manager under Subd. 1 of this Subsection. ollowing the r eipt of an application for such a' permit, the Counc 1 shall conduct a pu lic hearing re ding the application. A notice of the date, time, place d purpose of the he 'ng shall be in ed at least ten days before the hearing to each owner o roperty situated who ly or partly wit n 500 feet of the lot or tract to which the application lates so far as the n es and addres s of such owners can reasonably be determined by th Clerk from records aintained by thAssessor or from other appropriate records. After h aring the oral or writ en views of all interested persons, the Council shall make its decisi at the same meeti or at a speci ed future meeting. The Council shall not grant a pe it unless it finds: 1. The commercial photography will t endanger the publi health, safety, orals, or general welfare, 2. The commercial photography willof cause undue traff�c hazards, congestion or parking shortages 3. The commercial', photography will nlb,,create an excessive b den or result i damage to parks, streets, righ�s of way or other pc property, and . The 4. No commercial photography permit as been issued durin the preceding 80 days for a location within' 500 feet of the loc tion described in th application. P ovided, however, the Council {may waive this requ rement and issue a ne permit if the ouncil finds that the purpose t�nnd objectives of th Section will be I t ered by the iss ance of the new permit. The Council may requir the applicant to sub it evidence! factory to the Council that darnonstrates that pr erties located in the vicinity of the 1 cation proposed for commercial photography wi 1 not be adversely eff cted by the iss ce of a new permit. e the 1350.07 Conditions. The Manager or the Council, the case may be, in impose conditi ns and restrictions upon the permit holder as deemed necess for the protection o the public inter st and properties located in the vicinity aI<id to ensure compli ce with the require ents of this Co . The Manager or the Council, as the case may be, may req ire that the applicant ubmit evidenc that a notice describing the proposed commercial photogra by including the pro osed dates ther f has been mailed to all effected property owners as determi d by the Manager. If o required, this otice shall be mailed following the issuamce of the permit b not less than five da s prior to the d to the commercial photography will begin. 1350.08 Insurance; Indemnity. The Manager or the Council, as the case in y be, may requ e the applicant to file with the Clerk a public liability in urance certificate, is ued by an ins ance company authorized to do businesslin the State. The p icy shall insure the plicant and n e the City as an insured in the sum of n t less than $1,000,0 0. The applicant sha 1 also indemni and I I I hold the City and the City's officials harmless fr any loss, cost, dam ge and expens arising out of the use of any premises far commercial phot aphy. 1 1350.09 Bond or Letter of Credit. The Mana er or the Council, as t e case may be, ay require the applicant to post a bond", or letter of credit s a condition to the i suance of a pe it. If so required, the applicant shall foe with the Clerk a ety bond that is vali and in force a d effect in a sum as determined by the Manager or the Co cil and which compli s with the requi ements of Section 160 of this code. At the option of the appl cant, a letter of credit r cash deposit y be used in lieu of the bond. The letter4 credit shall be i vocable and uncondi ional, issued b a national or state bank with its main offipe located in the mi eapolis-St.Paul metr politan area, an otherwise shall be on terms approved by' the Manager. The and or letter of credit shall be conditi ned upon compliance by the applicant with this Section an other provisions of t e City Code an payment to the City of all fees, expenses, fines and penaltie required by this Code or State Law an payment to the City of any damage the City may sustain b reason of such co ercial photogra hy. 1350.10 Duties of Permit Holder. Every p A. Use only designated streets and par B. Promptly restore all public property, condition or better. C. Comply with all conditions and restricti holder under this S areas. ts, sidewalks and rij ns of the permit. D. Promptly undertake and complete all fil Section 2. This ordinance shall be in full force an First Reading: November 1$, 1996 Second Reading: December 16, 1996 Published: Edina Sun Current December 23 ATTEST: City Clerk and related effect upon passage we It shall: of way to publication. q. original Mayor ST#E OF MINNESOTA) COUNTY OF HENNEPIN) `Denis L. Minak the blisher or authorized gei Sun -Curren whic are stated below. (A) T e newspaper has copli4 qualif d newspaper, as prov ec laws, amended. OF being d ly sworn on an oasays that he/she ie and employee of th publisher of thejewspaper known as and has fullkwledae of the facts J with all of the requ �1A.02,331A.0 ements constitutiInd qualification as a by Minnesota Statue7, other applicable (B) The printed 0 d i n a n c e No. 1996-3 which �is attached was cut frothe columns of said ne once ach week, for tone s on ednesdav the 25 dayof Decem printed and published on eve the day f i the lotr case alphabet from to Z, both inclusive, whicl size and kind of type used in t e composition and public aWefghjjklmnopgrstuvwzyz BY: TITLE: Ackno+dged before me on t 26 day of December 1g 9 Ili I RATE INFORMAI (1) Lowe t classified rate paid commercial users for comparable space (2) Maxi um rate allowed by la for the above matter (3) Rate ctually charged for the bove matter iy I paper, and was pi nted and published cessive weeks; it was first published i e r '1096 , and was thereafter to and including 9 • and prints below is a copy of is hereby acknowl dged as being the tion of the notice: Pub Iishe Cft of WN Ordinanod0 31 An Ordinance Amending the City Code to Require the Issuanoe of Permits for the Use of Public or Private Property for the Film- ing of Motion Pictures, Commercials, or other Video Productions or for Commercial Photographyy THE. CITY COUNCEL OF THE CITY OF RDINA OR- DAINSx Section I The City Code is amended by adding a new Section 1350 as follows: SUCTION 1350- MOTION PICTURES AND COM- MERCIAL PHOTOGRAPHY 1350.01 Purpose and Objectives. The purpose of this Section is to establish standards to protect the health, safety and the general welfare of the public from the un- desirable effects associated with the filming of motion pic- tures and other commercial filming or photography. 150.03 Definitions. The term "commercial photogra- phy" as used in this Section means all activities associat- ed with the production of motion photography or still pho- tography for which a fee is charged for the use, reproduc- tion or showing of the product of the photography includ- ing motion pictures, commercials, advertisements, videos or other similar products. IM03 Permit Required; Exception. No person shall engage in commercial photography on any privately owned property, publicly owned property, or public rights of way unless a permit has been procured therefor. Pro- vided, however, no permit shall be required for the follow- rng:A. Commercial photography taking place on non- residential y or public rights of way provided that publicly:rnropexty or public rights of way ere not used for staging, storms or parking yehicles or equipment. B. Commercial photography intended only for the use and enjoyment of those, individuals whose person or property are being filmed and for which there is no com- mercial value such as family portraiture and weddingpho- tography C. Commercial photographers lawfully operating as a customary home occupation pursuant to Section 850 of this Code. 1350.04 Application. The provisions of this Subsection are in addition to the requirements of Section 160 of this Code. Any person or persons desiring a permit to conduct commercial photography shall make application therefor on a form provided by the Clerk. The applicant shall set forth the name, address, telephone number and date of birth of the person responsible to fulfill the obligations of the applicant, the location of the place where the commer- cial photography will take place; whether the commercial photography involves still photography or motion photog- raphy; the time and duration of the filming and related ac- tivities; whether or not artificial lighting will be used; a de- scription of the types and numbers of equipment that will be used; a description' of proposed parking areas, street and sidewalk closures, and outdoor staging areas; a de- scription of the proposed use of City equipment and per- sonnel; and an estimate of personnel and equipment need- ed for the purpose of crowd control, security, traffic control aridother public safety needs. 1350.05 Fee. The fee for a permit required by this Section shall be in the amount set forth in Section 185 of this Code. The City may also establish and charge a fee for the rental of City owned property for commercial photography. In ad- dition to the permit fee, the applicant shall pay all cods and expenses incurred by the City in connection with the commercial photography. Such costs and expenses shall include, but not be limited to, charges for personnel, equip- ment and damage to streets and other public property. Based upon the information contained in the permit ap- plication, the applicant shall deposit with the Clerk a pre- payment ofthe City s estimated costs and expenses. At the conclusion 06 the commercial photography, actual costs belay or in excess of the estimate will be refunded by the City or paid by the applicant as the case may be. 1350.06 Review and Approval Process. The provi- sions of Section 160 of this Code shall apply to all permits required by this Section and to the holders ofsuch permits. Applications for permits to allow commercial photography sessions shall be reviewed and approved as follows: Subd. l Manager Issuance. The Manager shall issue or deny applications for the following: A. Commercial photography that does not ex- ceed three consecutive days in duration provided that no outdoor filming or outdoor artificial lighting take place be- fore 7:00 A.M. or after 10:00 P.M. B. Commercial Photography where all filming takes place indoors and all parking, storage and staging needs are accommodated on the property subject to the permit. Such permits shall not exceed 10 days in duration. C. Commercial photography taking place only on City park proper!y provided that no outdoor filming or outdoor artificial lighting take place before 7:00 A.M. or after 10:00 P.M. No permit shall be issued unless the Manager finds: 1. The Commercial photography will not en- danger the public health, safety, morals, or general wel- fare. is 1 int snstratess t4 the oration pro is ersely effecter 1.07 ditions. T be, may impoe holder as dei e c interest ani to ore complian �. Managerortb ire t the applice ribi the proposed Ire dates i d owners aqui notice ce the permit but until, the case ' : with a Clerk a Led an insuran Led te. The pi me th City as an ,000, The appli. ty and a City s c mage d expense for co ercial ph a Isarn as a will be fiuthered b; equir sas�to t Coon to the Coon as located in the vidni al photography new permit usncebbff a new permit or the Council, as th i and restrictions upo for the protectio. as located in the vicinit the requirements of thi a 1, as the cam may be, me t evidence that a node I 'al photography inciter f been mailed to all e nod by the Manager mailed following the y as an five days prior to th nwill n. . The Manager or tt a require the applicant I i ity insurance certitieat ly uthorized to do busine I ure the applicant ar, in a sum of not lees the indemnify and hold tt less from any loos, cog tet f the use of any premi na or J wren or Uri the case may ma; or letter oCcre�iI ss s if so required, the cop sty bond that i s valid allwmined by �he Me )lice with therequir I the option o>} the al osit may be used in b all be irrevocable an( L state bank th its a -St. Paul mntropol terms approv by t 't. The Manager or ti require the applicant edition to the issuan- ce shall file with ti d in force and effect ager or the Council ar nts of Section 160 licent, a letter of creel of the bond. The lett conditional, issued 1 in office located m tl area, and otherwi Manager. The bond upon comnliance by U e and ayment to the Cify o penal 'es required by {his C )t to City of any d>j<rrrage :on of ch cwmmerciallpho 0.10 ties of Permit Hol er this ection shall: A. U only deaignat�d stre B. raptly restore All pub! ks and 'ghts of way to their C. Coniply with all conditions nit. D. Pro ptly undertake and o teda 'ties. This ordinance aha upon p asage and pub cation ,t Readi ir. November 10,1996 and Rea ling: Decemberl16, 19 liahed: dina Sun Current De ft. ST. DEBRA A. City Clerk ( 25,1996A I fees, expenses, fin or State Law and ps a City may sustain 1 phy. r. Every permit hold : and parking areas. property, streets, sic ¢incl condition or bi restrictions of t )plete all filming a be in full force and 27, 1996 S. RICHARI Mat k Ord 1996-3 2. The commercial photography will not muse undue traffic hazards, eotnn gesti parking will net shortages. este 8. The commercial photography an excessive burden or result in damage to parks, streets, rights of way or other public Peppy, and rt has 4. No Commercial photography perm bean issued during the preceding 180 days for a location, within 500 feet of the location described in the application. Provided, however, the Manages may waive this require - went and issue a new permit if the Manager fords that the purpose and objectives of this Section will be furthered by the issuance of the new permit. The Manager may require the applicant to submit evidence satisfactory to the Man- ager that demonstrates that properties located in the vicinity of the location proposed for commercial photogra- phy will not be adversely effected by the issuance of a new permit. SSubd.2 Council Issuance. The Council shall issue or deny permit applications which may not be issued by the Manager under Subd. 1 of this Subsection. Following the receipt of an application for such a permit, Coun- cil shall conduct a public hearing regarding the applica- tion, A notice of the date, time, place and purpose of the hearing shall be mailed at least ten days before the hear- ing to each owner of property situated wholly or partly within 500 feet of the lot or tract to which the application relates so far as the names and addresses of such owners can reasonably be determined by the Clerk from records maintained by the Assessor or from other appropriate records. Atter hearing the oral or written views of all in- terested persons, the Council shall make its decision at the same meeting or at a specified future meeting. The Coun- cil shall not grant a permit unless it finds: 1. The commercial photography will not en- danger the public health, safety, morals, or general wel- fare, 2. The commercial photography will not cause undue traffic hazards, congestion or parking shortages 3. The commercial photography will not create an excessive burden or result in damage to parks, streets, Tights of way or other public property, and 4. No commercial photography permit has been issued during the preceding 180 days for a location within 500 feet of the location described in the application. Provided, however, the Council may waive this require- ment and issue a new permit if the Council finds that the