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2009 ORDINANCE NO. 2009 AN ORDINANCE AMENDING THE CODE OF THE CITY OF SANFORD BY THE ADOPTION OF A NEW CHAPTER 16.25 TO BE ENTITLED "MOTION PHOTOGRAPHY PRODUCTION PERMITS", PROVIDING A SHORT TITLE, PROVIDING PURPOSES, PROVIDING DEFINITIONS, PROVIDING FOR A FILM COMMISSIONER TO RECEIVE AND PROCESS APPLICATIONS FOR PERMITS, PROVIDING FOR THE PERMIT REQUIREMENT, PROVIDING FOR PERMIT APPLICATIONS, PROVIDING FOR EXEMPTION FROM OTHER CITY CODE REQUIREMENTS, PROVIDING FOR RECOVERY OF COSTS FOR EXTRAORDINARY SERVICES PROVIDED BY THE CITY, AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF SANFORD, FLORIDA AS FOLLOWS: WHEREAS, the Motion Picture and Television Industry, including the making of commercials, contributed over $250 million statewide, to the Florida economy in 1987; and, WHEREAS, the Florida Department of Commerce recognizes a turnover ration of 3.57 on such expenditures thereby producing and quadrupling economic impact; and, WHEREAS, the Motion Picture and Television Industry is an environmentally desirable industry for Sanford 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 central coordination agency with standard permit format and 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 PEOPLE OF THE CITY OF SANFORD, FLORIDA: SECTION 1: The Code of the City of Sanford be, and the same is hereby, amended by the adoption of a new Chapter 16.25 entitled "Motion Photography Production Permits" to read as follows: CHAPTER 16.25 MOTION PHOTOGRAPHY PRODUCTION PERMITS Sec. 16.25.01: SHORT TITLE This Chapter may be known and cited as the Sanford Motion Photography Permit Ordinance. Sec. 16.25.02: PURPOSES The purposes of this Chapter are to establish a one- stop permitting process for motion photography production endeavors on any property owned or controlled by or under the jurisdiction of the City of Sanford, 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 television industry. Sec. 16.25.03: DEFINITIONS 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, purchased by public funds and utilized in the normal course and scope of providing governmental service by the City of Sanford. (2) CITY FACILITY is any street, sidewalk, place or building owned or controlled by or under the jurisdiction of the City of Sanford to include, but not be limited to, City parks and recreation facilities, the Fire Station, Police Station and City Hall. (3) FILM COMMISSIONER is the Director of the Motion Picture and Television Division of the Industrial Development Commission of Mid-Florida, Inc. "2'- Ordinance No. 2009 (4) 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 also include, and a production permit shall be required for, such productions on private property not at a studio and any production involving the use of pyrotechnics, explosives, or other incendiary devises. 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. (5) PRODUCTION PERMIT (also referred to herein as PERMIT) is the permit required by this Chapter. Sec. 16.25.04. FILM COMMISSION The Film Commissioner is hereby authorized to act as the agent for the Film Production Company for the processing of applications for production permits with the City Clerk, City of Sanford. After review and approval by the City Manager, no other City permits shall be required. Sec. 16.25.05 PERMIT REQUIRED; SUSPENSION AND/OR REVOCATION VIOLATION (1) No person shall advertise, engage in, participate in, and/or start any motion photography production unless a production permit shall first have been obtained from the Film Commissioner. Violation of this section shall be punishable as provided in Section 1-8 of this Code. (2) Failure to comply with the terms and conditions of the production permit once issued shall be grounds for immediate ]uspension of the production until such time as the non- compliance is remedied. The suspension shall be initially communicated orally, followed by a written suspension order. Continued failure to comply with the terms and conditions of the oroduction permit may result in revocation of the permit. 2ontinuation of the production in violation of the suspension and/or revocation shall be punishable as provided in Section 1-8 of this Code. --3-- Ordinance No. 2009 Sec. 16.25.06 APPLICATION FOR PERMIT (1) Any person seeking the issuance of a production permit shall file an application with, and on forms provided by, the Film Commissioner. 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. (Temporary permits may be issued by the Film Commissioner with 24 hour notice and approval of the City Manager.) 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 the production. (c) 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) Special effects to be utilized, especially incendiary or explosive devices, with proof of five million ($5,000,000.00) dollars liability insurance thereof. In addition, the application shall list the person in charge (pyrotechnician) of such special effects together with his qualifications and !icensure by the applicable federal and/or state agencies. (e) Proposed utilization of City equipment. (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 Sanford. (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. --4-- Ordinance No. 2009 Sec. 16.25.07 EXEMPTION FROM OTHER CITY CODE REQUIREMENTS (1) Once a production permit has been issued, and notwithstanding any other provisions of this Code to the contrary, no other City permits shall be required for any of the activities forming a part of the production. Sec. 16.25.08 COSTS FOR EXTRAORDINARY SERVICES 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 issuance of the 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. SECTION 2: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason declared 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 thereof. SECTION 3: That this ordinance shall become effective immediately upon its passage and adoption. A.D. 1989. MAYOR ATTEST: City of Sanford, Florida. CERTIFICATE I, Janet R. Donahoe, City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. 2009, PASSED AND ADOPTED by the City Commission of the City of Sanford, Florida, on the 13th day of March, 1989, was POSTED at the front door of the City Hall in the City of Sanford, Florida, on the 14th day of March, 1989, In witness whereof, I have hereunto set my hand and the official seal of the City of Sanford, Florida, this 14th day of March, 1989. City of Sanford, Florida. --6-- Ordinance No. 2009