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,
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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
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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
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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.
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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
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