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2013-3797 Ordinance ORDINANCE NO. 2013-3797 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 12 OF THE MIAMI BEACH CITY CODE, ENTITLED "ARTS, CULTURE AND ENTERTAINMENT," BY AMENDING ARTICLE I THEREOF, ENTITLED "FILM AND PRINT PRODUCTION PERMITS," BY AMENDING SECTION 10 ENTITLED "ENFORCEMENT"; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach (the "City") declares that it is in the interest of the citizens of Miami Beach to ensure that film productions are compatible with the City, which is a major and internationally recognized tourist destination; and WHEREAS, the Administration recognized that specific measures need to be taken in order to minimize the disruption and impact to surrounding residential inhabitants and business entities; and WHEREAS, the Administration has reviewed the enforcement provisions that are applicable for film and print production permit violations, and is recommending necessary amendments which shall establish appropriate fines and penalties against those individuals who violate the requirements of Article I of the City Code; and WHEREAS, the Administration and City Attorney's Office recommends amending the enforcement provisions for violations of Section 12-1, which are necessary to accomplish the above objectives. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Article 11, entitled, "Special Event Permits," of Chapter 12 of the Miami Beach City Code, entitled Arts, Culture and Entertainment, is hereby amended as follows: CHAPTER '12 ARTS, CULTURE & ENTERTAINMENT ARTICLE I. FILM AND PRINT PRODUCTION PERMITS Sec. 12-1. Film and print production permits. The city manager or the manager's designee, shall have the authority to issue, modify or revoke permits for film and print productions, in accordance with criteria set forth in this section and the film and print regulations approved by separate resolution of the city commission. (1) [Unlawful without permit.] Except for filming by individuals for personal or educational use, and "professional journalists" collecting, photographing, recording, or reporting "news," as such terms are defined in F.S. § 90.5015, it shall be unlawful to engage in film and print production activities on public property, residentially zoned (private) property, or in film and print activities that require any city services, without a film and print permit. (2) [Additional regulations and conditions may be imposed.] The city manager or the manager's designee may impose additional reasonable regulations and conditions to a specific permit to ensure the public health, safety and welfare, and peaceful enjoyment of surrounding residents and businesses, at any time. (3) [Application needed.] Individuals or businesses wishing to conduct film, television, video and/or photography projects on public property, private residential property, or any location that impacts or requires city services, must apply in advance to the city, providing a completed application, including proof of insurance and indemnification, as required by the film and print regulations, and receive a permit, before any film or print production activity may commence; (4) City services. Upon receipt of a completed permit application, the permit will be reviewed to determine what, if any, city services will be required. Requirements may vary for each production. The city manager or the manager's designee, in their discretion, may require additional city services and/or monetary deposits not specifically listed or codified. (5) Film and print regulations. The mayor and city commission may adopt by resolution film and print regulations and the city manager or the manager's designee will administer the regulations as they pertain to film and print productions working within the city. The manager may authorize amendments to the regulations proposed by the administration, and shall present such amendments to the city commission for approval, by resolution. (6) Code of conduct. The city code of conduct for film and print productions shall be distributed with all notification and/or signature forms. Copies are available in the office of arts, culture and entertainment. (7) Parking. All productions requiring prearranged parking must receive prior approval from both the parking department and the city manager or the manager's designee before a permit may be issued. Unless prior approval is received for specific requests, all production vehicles must park legally at all times. (8) Moratoria. The city manager or the manager's designee, at his sole discretion, is authorized to place a temporary moratorium on the issuance of film and print production permits for locations and/or neighborhoods which have experienced overuse as a result of high volume and/or heavy impact filming. The moratorium shall remain in effect for a maximum period of six months, but may be renewed for additional six-month periods if in the discretion of the manager, the impact of the prior filming activities in the area warrants extension. (9) Conflict with noise provisions. The city manager or the manager's designee, may issue a permit that authorizes filming in conflict with Chapter 46, Article IV, of this City Code, or other applicable noise ordinance, only where the applicant has met all of the city's requirements for obtaining a permit as prescribed in this division and the film and print regulations, and the filming cannot be performed in compliance with the applicable noise ordinance. Such a permit must specify the precise manner by which the noise ordinance 2 J may be exceeded, by what duration, and at what locations. Such permit authorization may be modified or revoked if in the discretion of the manager, or designee, the authorization excessively negatively impacts the surrounding neighborhood. Having a permit shall not relieve the permit holder from compliance with all other applicable local, county, state or federal laws. (10) cnfnrnemonf , , , fees 6,,nh nnrsen nr entity fnr ene y inh ether nnried as the rr ai;ager deeFA6 vuvrr�✓ , lay,�--vrr��r-p�..rrv���rrv�riurnrg�.---r-��Trr.� 1nr Enforcement and Penalties. (a) Civil fine for violators. The following civil fines must be imposed for a violation of Section 12-1(1), for those violations incurred for not obtaining a Film and Print Permit: (1) First offense committed for violation of Section 12-1(1), within a 12 month period must be a fine of$1000.00; (2) Second offense within a 12 month period must be a fine of$3000.00; (3) Third offense and subsequent offenses within a 12 month period must be a fine of$6000.00. (b) Civil fine for violators. The following civil fines must be imposed for a violation of this section, except for those penalties set forth in subsection (10)(a): (1) First offense within a 12 month period must be a fine of$500.00; (2) Second offense within a 12 month period must be a fine of$1500.00; (3) Third offense and subsequent offenses within a 12 month period must be a fine of$3000.00. (c) Enforcement. The Code Compliance Division or the Miami Beach Police Department shall enforce the provisions of this section. This shall not preclude other law enforcement agencies or regulatory bodies from any action to assure compliance 3 with this section, and all applicable laws. If an enforcing officer finds a violation of this section, the officer may issue a Notice of Violation to the violator. The Notice of Violation must inform the violator of the nature of the violation, amount of fine for which the violator is liable, instructions and due date for paying the fine, notice that the Violation may be appealed by requesting an administrative hearing within ten days after service of the Notice of Violation, and that failure to appeal the violation within the ten days, shall constitute an admission of the violation and a waiver of the right to a hearing. Rights of violators; payment of fine, right to appear; failure to pay civil fine or to appeal. M A violator who has been served with a Notice of Violation must elect to either: a. Pay the civil fine in the manner indicated on the Notice of Violation; or b. Request an administrative hearing before a special master to appeal the Notice of Violation, which must be requested within 10 days of the issuance of the notice of violation. The procedures for appeal by administrative hearing of the Notice of Violation shall be as set forth in sections 30-72 and 30-73. If the named violator, after issuance of the Notice of Violation, fails to pay the civil fine, or fails to timely request an administrative hearing before a special master, the special master may be informed of such failure by report from the officer. Failure of the named violator to appeal the decision of the officer within the prescribed time period must constitute a waiver of the violator's right to an administrative hearing before the special master, and must be treated as an admission of the violation, which fines and penalties to be assessed accordingly. A certified copy of an order imposing a fine may be recorded in the public records, and thereafter shall constitute a lien upon any real or personal Property owned by the violator, which may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the violator's real or personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After two months from the recording of any such lien that remains unpaid, the City may foreclose or otherwise execute upon the lien. Any party aggrieved by a decision of a special master may appeal that decision to a court of competent jurisdiction. The Special Master shall be prohibited from hearing the merits of the Notice of Violation or the consideration of the timeliness of a request for an administrative hearing, if the violator has failed to request the administrative hearing within ten (10) days of the issuance of the Notice of Violation. The Special Master shall not have discretion to alter the penalties prescribed in subsection (10)(a) and (b). 4 (e) Enhanced penalties. The following enhanced penalties must be imposed, in addition to any mandatory fines set forth in subsections (10)(a) and (b) above, for violations of this Section: Enhanced Penalties for Subsection (10)(a): (a) The film and print production activity must be immediately terminated, upon confirming a violation has occurred, by the Miami Beach Police Department and the Code Compliance Division. Violations for subsection (10)(a), within a residential zoning district, must be issued to the property owner and the production company, who shall be joint and severally liable for the violation. (c) The City Manager must decline to issue a Film and Print Production Permit to such erson individual of entity, business company or an affiliates that #as have violated this subsection within a 12 month period. The prohibition from receiving the Film and Print Production Permit must be for a one (1) year period of time. Enhanced Penalties for Subsection (10)(b): a) If the offense is a fourth offense within the preceding 12 month period of time, in addition to the fine set forth in subsection (10)(b), the property owner, production company. Of permittee or any affiliates must be prohibited from receiving a Film and Print Production Permit for a three (3) month period of time. If the offense is a fifth offense within six (6) months following the fourth offense, in addition to any fine set forth in subsection (10)(b), the property owner, production company, of permittee or any affiliates must be prohibited from receiving a Film and Print Production Permit for a six (6) month period of time. The property owner, production company or permittee must be deemed a habitual offender. (c) The City Manager may decline to issue future Film and Print Production Permits to such person, individual. a entity. business; company or any affiliates that have been deemed habitual offenders pursuant to this section for a period of one year, or such other period of time acceptable to the City Manager. SECTION 2. REPEALER. All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith are hereby repealed. 5 i SECTION 3. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, provision or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this ordinance. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten (10) days following adoption. PASSED AND ADOPTED this 8th day of May , 2013. ATTEST: HERRE B WER AYOR �� y� •..sue' ... � RAF L GRANADO, T �L "� Y1' APPROVED AS TO RPM ORATcD ` �" RM &LANGUAGE Underline denotes addi `" J FOR EX T RtrakizthrqUgh denotes d 6 0 EY ATE 6 COMMISSION ITEM SUMMA_ RY Condensed Title: An Ordinance Amending Chapter 12 Of The Miami Beach City Code, Entitled "Arts, Culture And Entertainment," By Amending Article I Thereof, Entitled "Film And Print Production Permits," By Amending Section 10 Entitled "Enforcement"; And Providing For Repealer, Codification, Severability, And An Effective Date. SECOND READING AND PUBLIC HEARING Key Intended Outcome Supported: Diversify Business Base in Miami Beach Supporting Data(Surveys, Environmental Scan, etc.): In 2012 the City issued 1,004 total film and print permits. Of those, 54 separate entrees for locations in single family homes with a total of 182 days in total. Item Summa /Recommendation: On April 18, 2001, the City Commission adopted Ordinance No. 2001-3303 which established procedures and criteria for the issuance of film permits in the City. At the same time, the City Commission adopted a companion Resolution that established Film and Print Guidelines. The guidelines, while somewhat burdensome and cost prohibitive to some productions, are designed to maintain the integrity of a neighborhood, and have become a model other communities have referenced when trying to create their own. As you know, the City has been reviewing the City Code to standardize and streamline enforcement provisions. The Film and Print Ordinance is a section that would be more appropriately addressed through a set fine schedule. A violator can elect to pay the fine as outlined in the established fine schedule, or request an administrative hearing before the Special Master to appeal the decision of the Code Compliance Officer which resulted in the violation being issued. This will ensure that the violator,is still afforded due process. The Ordinance was approved on first reading and referred to the Neighborhood/Community Affairs Committee (NCAC) to discuss enhanced penalties between first and second reading. The attached Ordinance was prepared in response to the direction given at the February 6, 2013 City Commission meeting. Section 10(a) imposes fines for film and print activity without a permit. Violations of this section carry a $1,000 fine for the first offense, a$3,000 fine for the second offense and a$6,000 fine for a third offense within a 12 month period. Section 10(b) sets a fine schedule for violations of conditions imposed as part of a valid film and print permit. Violations of this section carry a $500 fine for the first offense, a $1,500 fine for the second offense and a $3,000 fine for a third offense within a 12 month period. Section 10(e) includes enhanced penalties that require the film and print production to immediately terminate upon confirmation of a violation by the City's Police Department and Code Compliance Division; the violation must also be issued to the property owner and the production company, who shall be joint and severally liable for the violation; and the City Manager MUST not issue any new permits to the production company for a period of 12 months. The Neighborhood and Community Affairs Committee discussed this matter at their March 18, 2013 meeting and approved a motion to tighten the ordinance and move it to the City Commission for consideration. The City Commission approved the Ordinance on first reading at the April 17, 2013 meeting Advisory Board Recommendation: Neighborhood and Community Affairs Committee discussed this item on April 24, September 24, 2012, October 15, 2012, November 19, 2012 and March 18, 2013. The Production Industry Council (PIC) has reviewed amendments to the guidelines at numerous meetings since January 2012. Financial Information: Source of Amount Account Funds: 1 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Max Sklar Sign-Offs: 'Peppantment irector Assistant Ci Manager City Manager tA4GENDA\2013 y 8\Film and Print ORDINA CE Amend nt SUMM doc.docx AGENDA ITEM MIAMIBEACH �3 RSA DATE S g MIAMI BEACH City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Mem ers of t e City Commission FROM: Jimmy L. Morales, City Manager DATE: May 8, 2013 SECOND READING AND PUBLIC HEARING SUBJECT: AN ORDINANCE OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING HAPTER 12 OF THE MIAMI BEACH CITY CODE, ENTITLED "ARTS, CULTURE AND ENTERTAINMENT," BY AMENDING ARTICLE I THEREOF, ENTITLED "FILM AND PRINT PRODUCTION PERMITS," BY AMENDING SECTION 10 ENTITLED "ENFORCEMENT"; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The attached Ordinance was approved on first reading at the April 17, 2013 City Commission meeting following the direction from the Neighborhood and Community Affairs Committee at their March 18, 2013 meeting. Staff recommends approval of the proposed amendments to the Film and Print Ordinance strengthening the enforcement language and penalizing those cited for filming without a permit. KEY INTENDED OUTCOME SUPPORTED Maximize Miami Beach as a Destination Brand. BACKGROUND On April 18, 2001, the City Commission adopted Ordinance No. 2001-3303 which established procedures and criteria for the issuance of film permits in the City. At the same time, the City Commission adopted a companion Resolution that established Film and Print Guidelines. The Film & Print guidelines outline insurance, indemnity and application requirements; basic requirements for Police and other municipal services; do's and don'ts of filming; restrictions; and requirements. They also include requirements for residential production requests, as well as more detailed enforcement policies. These guidelines have been designed to allow the City flexibility in the coordination of productions. Rarely are productions "cookie cutter" in nature, and flexibility in the review and approval process allows City staff to be proactive and responsive in accommodating the varying needs of this industry, while mitigating any impacts of the production on the neighborhood(s). The Tourism and Cultural Development Department, Office of Film and Special Events, is responsible for facilitating compatible production and, with the oversight of the City Manager's office, issues Film and Print Permits. The Office serves the needs of the City's thriving production community while safeguarding the City's neighborhoods and businesses. The Office of Film and Special Events issues close to 1000 film permits each year and is an information resource to productions, businesses and residents alike. Film and Print production is a coveted industry, responsible for substantial direct and indirect economic impact to Miami Beach. In 2012, the City's Film and Print Office issued a record 1022 permits for over $110 Million reported in Miami Beach alone, an upswing largely credited to the State of Florida's Film and Entertainemnt Incentive, which the City lobbied to achieve. Projects filmed in Miami Beach last year included features "Pain and Gain" and "Iron Man 3" as well as television series "Burn Notice" and "Magic City." The images taken here j in all mediums are transmitted throughout the world and are a true engine for our tourism destination. City Commission Meeting Film and Print Ordinance Proposed Amendments May 8, 2013 Page 2 At the February 6, 2013 Commission meeting, a compromise between the production industry and residents was reached and the Film and Print Guidelines were adopted. PROPOSED FILM &PRINT ORDINANCE AMENDMENTS As you know, the City has been reviewing the City Code to standardize and streamline enforcement provisions. The Film and Print Ordinance is a section that would be more appropriately addressed through a set fine schedule. A violator can elect to pay the fine as outlined in the established fine schedule, or request an administrative hearing before the Special Master to appeal the decision of the Code Compliance Officer which resulted in the violation being issued. This will ensure that the violator is still afforded due process. This item was heard on first reading on February 6, 2013. The Ordinance was introduced and staff explained that the ordinance solely focuses on penalties and enforcement provisions to mirror other sections of the City Code. Commissioner Weithorn suggested that there should be enhanced penalties for productions that do not have a permit and perhaps be banned for one year before they can obtain a permit. Commissioner Weithorn further stated that her concern is with individuals or companies that do not follow rules; they should be fined with severe penalties, in order to obtain full compliance. Discussion continued regarding penalties to the homeowners that rent houses for film and print productions without permits and Mayor Bower requested that penalties be enforced to homeowners that rent properties as well. The Ordinance was approved on first reading and referred to the Neighborhood/Community Affairs Committee (NCAC) to discuss enhanced penalties between first and second reading. The Attached draft Ordinance was prepared in response to the direction given at the February 6, 2013 City Commission meeting. Section 10(a) imposes fines for film and print activity without a permit. Violations of this section carry a $1,000 fine for the first offense, a $3,000 fine for the second offense and a $6,000 fine for a third offense within a 12 month period. Section 10(b) sets a fine schedule for violations of conditions imposed as part of a valid film and print permit. Violations of this section carry a $500 fine for the first offense, a $1,500 fine for the second offense and a $3,000 fine for a third offense within a 12 month period. Section 10(e) includes enhanced penalties that require the film and print production to immediately terminate upon confirmation of a violation by the City's Police Department and Code Compliance Division; the violation must also be issued to the property owner and the production company, who shall be joint and severally liable for the violation; and the City Manager MUST not issue any new permits to the production company for a period of 12 months. The Neighborhood and Community Affairs Committee discussed this item at their March 18, 2013, meeting and recommended to tighten the ordinance and move it to the City Commission for consideration. The City Commission approved the Ordinance on first reading at the April 17, 2013 meeting CONCLUSION The Administration recommends adopting the proposed ordinance on second reading. KB/MAS/GW T:\AGENDA12013WIay 8\Film and Print ORDINANCE Memo Second Reading.docx 14NE I THURSDAY,APRIL 25,2013 Nc MIAMIBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that a second reading and public hearing will be held by the Mayor and City Commission of the City of Miami Beach,Florida,in the Commission Chambers,3rd Floor,City Hall, 1700 Convention Center Drive,Miami Beach,Florida,on Wednesday,May 8,2013 to consider the following: )k 10:15 a.m. An Ordinance Amending Chapter 12 Of The Miami Beach City Code,Entitled"Arts,Culture And Entertainment," i By Amending Article I Thereof,Entitled"Film And Print Production Permits,"By Amending Section 10 Entitled ' "Enforcement";And Providing For Repealer,Codification,Severability,And An Effective Date. Inquiries may be directed to the Tourism,Culture&Economic Development Department at(305)673-7577. 10:30 a.m. An Ordinance Amending Chapter 10 Of The Miami Beach City Code Entitled"Animals,"By Amending Section 10-11,Entitled"Running At Large Prohibited,"By Extending The Pilot Program Off-Leash Area For Dogs In South Pointe Park Through And Including December 31,2013;By Amending The Afternoon Off-Leash Hours In The Designated Area From Between 4:00 p.m.And 7:00 p.m.To Between 6:00 p.m.And 9:00 p.m., Monday Through Friday;And Relocating The Off-Leash Area From The Area South And East Of The Washington Avenue Entry Plaza To Its Original Location In The Triangular Area South And West Of The Washington Avenue Entry Plaza;Providing For Repealer;Severability;Codification;And An Effective Date. Inquiries may be directed to the Parks&Recreation Department at(305)673-7730. 11:00 a.m. Ordinances Amending Procedures For Vendor Preference 1. An Ordinance Amending Section 2-372 Of The Miami Beach City Code,Entitled"Procedures To Provide Preference To Miami Beach-Based Vendors In Contracts For Goods And Contractual Services;"Amending Section 2-372(1Xb)Thereof,To Require That Miami Beach-Based Vendors Have A Business Tax Receipt To Provide The Gods Arai Services Required Under A Subject City Bid For At Least One(1)Year PriorToThe Issuance Of The Bid,As Well As Have Their Business Headquarters,Or An Office Of The Business,Within The City For A Period Of At Least One(1)Year Prior To The Issuance Of The Bid;And Amending Section 2-372(2)(b)To Limit Such Preference Only To Proposers;Providing For Codification,Repealer,Severability, And An Effective Date. 2. An Ordinance Amending Section 2-374 Of The Miami Beach City Code,Entitled"Procedure To Provide Preference b Veterans In Contracts For GoodsAnd Contractual Services;"ByAmending Section 2-374(2)(b) To Limit Such Preference Only To Proposers; Providing For Codification, Repealer,Severability,And An Effective Date. Inquiries may be directed to the Procurement Department at(305)673-7490. INTERESTED PARTIES are invited to appear at this meeting,or be represented by an agent,or to express their views in writing addressed to the City Commission,c/o the City Clerk,1700 Convention Center Drive,list Floor, City Hall,Miami Beach,Florida 33139.Copies of these items are available for public inspection during normal business hours In the City Cork's Office,1700 Convention Center Drive,1st Floor,City Hall,Miami Beach, Florida 33139.This meeting may be continued,and under such circumstances additional legal notice will not be provided. Rafael E.Granado,City Clerk City of Miami Beach Pursuant to Section 286.0105,Fla.Stal.,the City hereby advises the public that:if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its Daring, such person must ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in accessible format,sign language interpreters,information on access for persons with disabilities and/or any accommodation to review any document or participate in any City-sponsored proceeding,please contact us five days in advance at(305)673-7411(voice)or TTY users may also call the Florida Relay Service at 711. Ad 9774