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1994-195j:\wpdocs\ord\movie2.ord ORDINANCE NO. ~-/~'~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS CREATING ARTICLE VI OF CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, ESTABLISHING REQUIREMENTS FOR MOVIE PERMITS; AND ESTABLISHING SECTIONS 16-180, 16-181, 16-182, 16-183, 16-184, 16-185, 16-186 AND 16-187 THEREIN CONTAINED; ADDING DEFINITIONS AND PERMITTING REQUIREMENTS APPLICABLE TO FILMING IN A PUBLIC PLACE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $500.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE, AND DECLARING AN EFFECTIVE DATE. WHEREAS, it is the desire of the Council of the City of Denton, Texas to promote economic development within the city limits by encouraging the filming of feature films, television movies, television episodics, music videos, and television commercials, while recognizing the rights of and promoting the safety of Denton's citizens and merchants; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Code of Ordinances, Denton, Texas, is hereby amended by adding an article, to be numbered Article VI of Chapter 16, including therein Section 16-180, 16-181 and Section 16-182, which said article reads as follows: ARTICLE VI. MOVIE PER~ITS Sec. X6-~80. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Film, when used as a verb, means to perform or undertake any activity in a public place lying within the city limits which constitutes, in whole or in part, a component part in, or necessary preparation for, the pro- cess of recording moving images onto a tangible medium, including, but not limited to, motion picture photograph- ic film, videotape, videodisc, or digitized storage of video data. Specifically excluded from this definition are processes relating to the taking of so-called "home movies" or "home videos" not intended for commercial rebroadcast or viewing. See. 16-181. Film Permit Reguired. (a) Permit application. Any production company, business, or individual who wishes to film a feature film, television movie, television episodic, television commercial, or music video within the city limits, shall obtain a Film Permit from the city manager not less than ten (10) working days prior to filming. The ten day requirement may be waived at the discretion of the city manager. In making such application the applicant shall provide the name of the production company or individual, as well as the dates, times and locations where filming will take place. The applicant shall also identify by type and number production equipment (trucks, automobiles and other vehicles) involved in the production, and shall disclose detailed information on the use of firearms, fire, pyrotechnics, flammable substances, explosives, or other hazardous materials or effects to be used during filming. (b) Fee. There is no fee for the Film Permit. (c) Insurance. The applicant shall provide proof of comprehensive general liability insurance covering its operations within the city for bodily injury and property damage in the minimum amount of one million dollars ($1,000,000) combined single limit on a per occurrence basis. If hazardous special effects (explosives, fire, etc.) are involved, the city manager may impose addition- al insurance requirements as necessary. The applicant shall ensure that all policies remain in full force and effect during all phases of the filming, that they name the city as an additional insured, and that the policies are issued by a company authorized to do business in the State of Texas. (d) Indemnification. The applicant shall agree to indemnify and hold harmless the city, its officers, agents, and employees, from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, or for damage to any property, arising out of or in connection with the activities performed by the applicant within the city, whether such injuries, death, or damages, are caused by the city's sole negligence or the joint negligence of the city and any other party. (e) Approval criteria. The city manager will consider the potential effect on property owners in approving or denying the application, and will endeavor to define restrictions to minimize adverse impacts upon the neighborhood. A permit may be denied if, in the opinion of the city manager, the locations, hours, or other factors, such as danger to the public or neighbors, PAGE 2 traffic disruption, or noise make filming as requested unreasonable. A permit may also be withheld pending applicant's satisfaction of all conditions prerequisite to approval. (f) Permit. The permit shall incorporate all necessary requirements of this article, together with such other requirements deemed appropriate by the city manager and authorized by this article. The city manager may additionally, as a condition of the permit, require applicant to enter into a separate agreement with the city, incorporating any and all duties or responsibili- ties authorized by this article. (g) Appeal. An applicant may appeal to the city council the city manager's denial of a film permit. Seo. 16-182. closing streets for filming; permit appli- oation. As an available option to appearing before the city council to request an ordinance temporarily closing a public street, an applicant for a film permit may apply for a street closing permit as provided herein if, during any portion of the filming, access to public rights-of- way are to be obstructed or denied. Any permit issued under this section may be incorporated into a movie permit issued under section 16-181 of this code. (a) Application. An applicant shall submit a re- quest for a street closing permit at least ten (10) work- ing days prior to the requested closing. The ten-day re- quirement may be waived at the discretion of the city manager. (b) Barricade plan. Upon application, the appli- cant shall simultaneously submit a sketch indicating the area to be closed and the location of all properties ad- jacent to the area being closed. A draft of the traffic control plan must be submitted to the city engineer for review and approval prior to the submittal of the final barricade plan. The barricade plan, provided by a pro- fessional barricade company, shall indicate placement of barricades, types of barricades, warning and detour signs, and shall conform with the requirements of the Barricade Manual adopted by section 25-92 of this code, all applicable laws, regulations, and city policies, and shall be consistent with good engineering practice. (c) Street closing petition. The applicant shall circulate a petition and obtain signatures, names and addresses from all abutting property owners, tenants, and PAGE 3 merchants potentially affected by the street closing. The petition shall also indicate each signatory's consent or opposition to the closing. A street closing petition form will be provided to the applicant upon request. The original of the street closing petition must be submitted to the city manager five (5) days prior to the requested closing. (d) Traffic control. Prior to submission of the application, the applicant shall coordinate traffic control plans and requirements with the chief of police. Should the chief of police deem it necessary for one or more individuals to direct traffic in and around the closed area, the applicant shall utilize only police officers (as defined in the Uniform Act Regulating Traffic on Highways, Tex. Rev. Civ. Stat. Ann., art. 6701d, Section 11, as amended or superseded) to effectu- ate this purpose. The applicant may arrange with the chief of police to hire off-duty Denton police officers to assist in project security or traffic control, or both, provided that applicant shall indemnify the city for any and all injuries sustained by any officers so hired and comply with such other terms and restrictions as the chief of police may deem appropriate. 8eo. 16-183. Closing streets for filming; permit ap- proval. (a) Approval procedure. Within two working days of receipt of an application for a street closing permit, the city manager will notify as many city councilmembers as possible of the film permit application by telephone, mail or courier. Should any city councilmember express a concern that public health, safety or welfare will be unduly affected and notify the city manager of this concern within three (3) working days of the dispatch of the city manager's notification, the permit shall be placed on an uPcoming city council agenda for consider- ation. If the city manager does not receive any such notification, the city manager may grant the permit if all approval criteria are satisfied. (b) Criteria for approval by city manager. The city manager will receive and consider the recommenda- tions of the city engineer and the police chief in evaluating the street closing application. The city manager will consider the potential effect on property owners in approving or denying the application, and will endeavor to define restrictions to minimize adverse impacts upon the neighborhood. A permit may be denied if, in the opinion of the city manager, the locations, hours, or other factors, such as danger to the public or PAGE 4 neighbors, traffic disruption, or noise make filming as requested unreasonable. Sec. 16-184. Changes in schedule. Changes in street closing dates, times, and location must be approved by the city manager five (5) working days prior to the actual closing. The five-day requirement may be waived at the discretion of the city manager. If an approved closure date is later adjusted to satisfy a request of the applicant, the applicant shall advise abutting prop- erty owners in writing or in person of the change in schedule, no less than forty-eight (48) hours in advance of the actual planned closure. Sec. 16-185, Access to closed area. The permittee shall not deny access to the closed area to city personnel or emergency vehicles (police, fire, ambulances), and shall not deny reasonable access to property owners going to and from their property. Seco 1E-186. Restoration of site. The permittee shall restore the public area to its original condition upon completion of any or all activity requiring the blocking or closing of a public street. Sec. 16-187, Permit option not exclusive. Nothing in this article shall be construed to prevent an individual from approaching the city council directly for an ordinance to temporarily close a public street. SECTION II. That if any section, subsection, paragraph, sen- tence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the va- lidity of the remaining portions of this ordinance, and the city Council of the city of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION III. That any person violating any of the provisions of this ordinance shall, upon conviction, be fined a sum not exceeding Five Hundred ($500) Dollars; and each day and every day that the provisions of this ordinance are violated shall constitute a separate and distinct offense. This penalty is in addition to and cumulative of any other remedies as may be available at law and equity. SECTION IV. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the city of Denton, Texas, within ten (10) days of the date of its passage. PAGE 5 PASSED AND APPROVED this the /~day of ~=~_., 1994. BOB 'CASTLEBERRY, MAY~ ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 6