HomeMy WebLinkAboutOrdinance 90-05
ORDINANCE NO. 90-05
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AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO
MOTION PHOTOGRAPHY PRODUCTION; ADOPTING CHAPTER 14.7 OF
THE CITY CODE TO BE KNOWN AS THE MOTION PICTURE
PHOTOGRAPHY PRODUCTION ORDINANCE; PROVIDING PROCEDURES
FOR THE PERMITTING OF MOTION PHOTOGRAPHY PRODUCTIONS;
PROVIDING PURPOSES; PROVIDING DEFINITIONS; PROVIDING FOR
THE BUILDING DEPARTMENT TO RECEIVE AND PROCESS
APPLICATIONS FOR PRODUCTION PERMITS; 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; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Motion Picture and Television Industry, including
the making of commercials, contributed over $57 million, to the
Central Florida economy in 1989; and
WHEREAS, the Motion Picture and Television Industry had a $206
million economic impact to Central Florida communities in 1989; and
WHEREAS, the Florida Department of Commerce recognizes a
turnover ratio of 3.57 on motion picture and television
expenditures, thereby producing the economic impact; and
WHEREAS, the Motion Picture and Television Industry is an
environmentally desirable industry for the City of Ocoee and
Central Florida 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 Central Florida area; and
WHEREAS, the emergence of the Motion Picture and Television
Industry in Central Florida will also create additional emploYment
opportunities and serve to broaden the economic base of our
community; and
WHEREAS, the creation of a "one-stop" permitting process will
enhance the community effort to attract film and television
endeavors to our area;
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION ONE:
SHORT TITLE AND AUTHORITY
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A.
This Chapter may be known and cited as the city of Ocoee
Motion Photography Production Permit Ordinance.
B. The city Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article
VIII of the Constitution of the State of Florida and
Chapter 163 and 166, Florida Statutes.
SECTION TWO:
The following Chapter 14.7 of the Code of Ordinances of the
City of Ocoee is hereby created to read as follows:
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section 14.7-1 Intent and Purpose
The purposes of this Chapter are to establ ish a one-stop
permi tting process for motion photography production endeavors
on public property owned or controlled by or under the
jurisdiction of the city of Ocoee, 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.
section 14.7-2 Definitions
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The following words, terms and phrases, when used in this
Chapter, shall have the meanings respectively ascribed to them
in this section, except where the context clearly requires
otherwise:
(1) CITY EQUIPMENT is any tangible property, other than real
property owned or controlled by the City and utilized in
the normal scope of providing governmental service by the
City of Ocoee.
(2) CITY FACILITY is any public street, sidewalk, place or
building owned or controlled by or under the jurisdiction
of the city of Ocoee including, but not be limited to,
city parks and recreation facilities and City Hall.
(3) MOTION PHOTOGRAPHY is the commercial taking or making of
a motion picture, television, videotape, or film
production utilizing City Equipment or utilizing City
Facilities. 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.
This term shall not include the shooting of such film at
studios constructed for such purpose where no City
Equipment or city facilities are involved and shall not
include any news, news feature, or documentary
production.
(4) PRODUCTION PERMIT (also referred to herein as PERMIT) is
the permit required by this Chapter.
section 14.7-3 Aqent for the city
The Building Official is hereby authorized to act as the agent
for the City in the receipt and processing of applications for
production permits. After review and approval by the City,
the Building Official shall issue the permit. with regard to
motion photography production, no other City permits shall be
required.
section 14.7-4
violation
Permit Required: Suspension. and/or Revocation:
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(1) No person shall advertise, engage in, participate in, or
start any Motion Photography production unless a
Production Permit shall first have been obtained from the
Building Official, in accordance with the provisions of
this Chapter. violation of this section shall be
punishable as provided in section 1.8 of Chapter 1 of the
City Code.
(2) 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
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suspension order. continued failure to comply with the
terms and conditions of the Production Permit may result
in revocation of the permi t. continuation of the
production in violation of the suspension and/or
revocation shall be punishable as provided in section 1.8
of Chapter 1 of the City Code.
section 14.7-5 Application for permit
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(1) Any person seeking the issuance of a Production Permit
shall file an application with, and on forms provided by,
the Building Department. Said application shall be filed
not more than one hundred-eighty (180) days before, and
not less than five (5) working days before the
commencement of production. The application shall be
signed, under oath, by an authorized representative of
the applicant.
(2) The application shall contain the following information:
a. Location(s) of the production
b. Duration and type of production
c. Satisfactoy proof of general liability insurance
coverage in the amount of at least one million
($1,000,000.00) dollars with the city named as an
additional insured.
d. In the event that special effects are to be
utilized, including but not limited to incendiary
or explosive devices, then the general liability
insurance referenced above shall be in the amount
of five million dollars ($5,000,000.00). In
addition, the application shall list the person in
charge (pyrotechnician) of such special effects,
together with his qualifications and licensure by
the applicable federal and/or state agencies.
e. Proposed utilization of City Equipment, if any.
f. Necessity for closures of public streets or
sidewalks and for what duration
g. A written summary or explanation of the portion of
the production to be shot within the City of Ocoee
h. Number and type of vehicles and/or equipment and
number of personnel to be on location with the
production
i. An agreement to pay for extraordinary services
provided by the City, if any.
section 14.7-6 Exemptions from other city Code Reauirements
Once a Production Permit has been issued, and not withstanding
any other provisions of the City Code to the contrary, no
other city permits or approvals shall be required for any of
the activities forming a part of the production which are
authorized by the Production Permit.
section 14.7-7 Costs for Extraordinary Services
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The city shall recover direct costs 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. Based on the
information contained in the permit application, an estimate
of these costs will be provided to the applicant prior to the
issuance of a Permit. The City may require pre-payment of all
or a portion of these estimated costs prior to issuance of the
Permit. At the conclusion of the production, actual costs
below or in excess of the estimates will be refunded by the
City or paid by the applicant, respectively.
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SECTION THREE: SEVERABILITY
If any section, subsection, sentence, clause, phrase, or
portion of this Ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of
the remaining portion hereto.
SECTION FOUR: EFFECTIVE DATE
This Ordinance shall become effective immediately upon its
passage and adoption.
PASSED AND ADOPTED this 20th day of February , 1990.
Advertised February 10 , 1990
Read First TimeFebruarv 6 , 1990
Read Second Time and adopted
February 20 , 1990.
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD ON
Februarv 20 , 1990 UNDER
AGENDA ITEM NO. V A
ATTEST:
CITY OF OCOEE, FLORIDA
By:
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, APPROVED
AS~TO~FORM AND LEGALITY, this
D -day of feb(\J....y, 1990.
FOLEY & LARDNER, VAN DEN BERG,
By: GAID~ t;;jIN
City Attorney
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