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2010-3687 OrdinanceORDINANCE NO. 2010-3687 AN ORDINANCE OF THE MAYOR AND CITY COMMISSI CITY OF MIAMI BEACH, FLORIDA AMENDING CH ARTICLE I OF THE CODE OF THE CITY OF MIA ENTITLED "FILM AND PRINT PRODUCTIONS", BY SECTION 12-1(5), "FILM AND PRINT REGULATIONS"; FOR CODIFICATION, REPEALER, SEVERABILITY EFFECTIVE DATE. WHEREAS, the City of Miami Beach is an international ce print industry; and WHEREAS, on April 18, 2001, the City Commission ado 2001-3303 establishing an Ordinance regulating the film and print and WHEREAS, Commissioner Wolfson referred a discussion to Development Committee at the March 10, 2010 City Commission mE notice requirements for film and print productions; and ~N OF THE PTER 12, II BEACH ,MENDING ROVIDING AND AN for the film and Resolution No. uction industry; Land Use and ~ to review the WHEREAS, The Land Use Committee met on April 28, 2010 and Members of the Committee expressed reservations with language in Section 12-1 (5) which gives the City Manager authority to amend the Film and Print Regulations, but does not require Commission approval for such an amendment; and WHEREAS the Committee unanimously passed a motion recommending amended language. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. That City Code Chapter 12, "Arts, Culture and Entertainment," Article I, "Film and Print Productions," Section 12-1(5), "Film and Print Regulations," is hereby amended as follows: ~ ARTICLE I. FILM AND PRINT PRODUCTIONS 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) Except for filming by individuals for personal or educational use, journalists" collecting, photographing, recording, or reporting "news," defined in F.S. § 90.5015, it shall be unlawful to engage in film an activities on public property, residentially zoned (private) property, o activities that require any city services, without a film and print permit. end "professional such terms are print production in film and print (2) The city manager or the manager's designee may impose adc regulations and conditions to a specific permit to ensure the public welfare, and peaceful enjoyment of surrounding residents and busines (3) Individuals or businesses wishing to conduct film, televis photography projects on public property, private residential property, impacts or requires city services, must apply in advance to the completed application, including proof of insurance and indemnificat the film and print regulations, and receive a permit, before any film' activity may commence; litional reasonable health, safety and ses, at any time. m, video and/or r any location that city, providing a m, as required by >r print production (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 iwithin the city. The manager may authorize amendments to the regulations proposed by the administration, er--ray 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 p ~oductions 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 s I~ ecific requests, all production vehicles must park legally at all times. (8) Moratoria. The city manager or the manager`s designee, at h~ authorized to place a temporary moratorium on the issuance of film permits for locations and/or neighborhoods which have experienced of high volume and/or heavy impact filming. The moratorium shall r maximum period of six months, but may be renewed for additional si the discretion of the manager, the impact of the prior, filming a~ warrants extension. (9) Conflict with noise provisions. The city manager or the manage issue a permit that authorizes filming in conflict with Chapter 46, Art Code, or other applicable noise ordinance, only where the applicant city's requirements for obtaining a permit as prescribed in this divisic print regulations, and the filming cannot be performed in compliance noise ordinance. Such a permit must specify the precise manner t ordinance may be exceeded, by what duration, and at what loca authorization may be modified or revoked if in the discretion of designee, the authorization excessively negatively impacts sole discretion, is id print production veruse as a result lain in effect for a nonth periods if in /ities in the area is designee, may cle IV, of this City has met all of the i and the film and vith the applicable y which the noise ons. Such permit the manager, or the surrounding 2 neighborhood. Having a permit shall not relieve the permit holder all other applicable local, county, state or federal laws. (10) Enforcement. a. Permits shall be maintained at the site on which the phc occurs. Upon the request of any police officer or code comp city, the owner, lessee of the property or representative of the ~ shall produce such permit for inspection. b. Persons engaged in film and print activities without a per violation of a permit, this section or the film and print regu herein, shall be subject to enforcement by city police or code through the issuance of immediate cease and desist orders, tf• may subject the offender to arrest, and/or enforcement as provi 14 of this Code, and/or notices of violation referred to special authority to issue fines or enforce compliance, as provided for i Code. Police or code compliance officers will coordinate er office of arts, culture and entertainment. As an alternate and su the city may enforce this section by injunctive relief in any jurisdiction, and in such circumstance the city shall be en1 reasonable attorneys' fees and costs. For repeat offender designee may decline to issue permits to such person or eni such other period as the manager deems appropriate. Section 2. Repealer. All ordinances or parts of ordinances and all section and parts of herewith be and the same are hereby repealed. Section 3. Codification. It is the intention of the City Commission, and it is hereby ordained, this Ordinance shall become and be made part of the Code of the as amended; that the sections of this Ordinance may be re-numE accomplish such intention; and that the word "ordinance" may be cl other appropriate word. Section 4. Severability. ~ This ordinance is severable; if any provision hereof is held void or u final decision by a court of competent jurisdiction, the balance of tl remain valid. Section 5. Effective Date. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this 14th day of July 201 ATTEST: ~' A OR CITY CLERK compliance with ~raphy or filming ce officer of the uction company, t, or otherwise in ions provided for mpliance officers, violation of which d for in section t- asters, who have chapter 30 of this rcement with the lemental remedy, ~urt of competent 'd to recover its the manager or for one year, or ors in conflict the. provisions of of Miami Beach, or re-lettered to ed to "section" or institutional in a ordinance shall 3 First Reading:. June 9, 2010 Second Reading: July 14, 2010 APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION ' `~~""~ Att"or ey ate T:\AGENDA\2010\June 9\Regular\Film and Print Ord Amen Condensed Title: COMMISSION ITEM SUMMARY An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida ame nding Chapter 12, Article 1 of the Code of the City of Miami Beach entitled "Film and Print Productions", by amendi ng Section 12-1(5), "Film and Print Re ulations"; rovidin for codification, re ealer, severabili and an effective ~date. Ke Intended Outcome Su orted: Maximize Miami Beach as a Brand Destination ~ Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Community Satisfaction Survey indicated that more than two-thirds, 69.2%, suggested the tourism industry in Miami Beach contributes "about the right amount" to the quality of life for residents, another 13.3% indicated the industry coni ributes "too little" to the ualit of life for residents within the Ci Issue: ; ~ Shall the Mayor and the City Commission approve an amendment to Chapter 12 of the City Code regulating film and print productions? Item Summary/Recommendation: '~ Commissioner Wolfson referred to the Land Use and Development Committee at the March 10, 2010 City Commission meeting a discussion on the notice requirements for.film and print productions. The Land Use and Development Committee met on Apri128, 2010, and initially focused on the notice requirements given to residents for a proposed film production. The Committee was generally satisfied with the aforementioned notice requirements established in the Film and Print Regulations. However, the Committee then focused their discussion on the Film and Print Ordinance in Chapter 12 of the City Code and expressed reservations with language in Section 12-1 (5) which gives the City Manager authority to amend the Film and Print Regulations, but does not require Commission approval for such an amendment. The Committee unanimously passed a motion recommending amended language as provided below. Proposed Amendment (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, y and shall present such amendments to the city commission for approval, by resolution. The City Commission unanimously approved the proposed amendment on first reading. The Administration recommends that the City Commission adopt the proposed ordinance amendment upon second reading. ~ Advisory Board Recommendation: The Land Use and Development Committee met on April 28, 2010 and unanimously passed a motion recommending amended language. I I Financial Information: I Source of •- Amount _ ~ i4ccount-~ :.,,~ ~ ~ ,Approved Funds: 1 i OBPI Total '~ ~ ~ Financial Impact Summary: This amendment does not significantly alter how the Administration currently reviews, processes or permits film and print productions. Therefore, there is no fiscal impi ct associated with this Ordinance amendment. ..~ v.v^r. ~ vnwc Vcy~.l~AlwC 1 IdGR111U: Si n-Offs: ~~'; ~ rt~ ent reclor~~ tan Ci an g ~ ~ City Manager "~ ~;:-~ MAS ~JMG ~FN MM i~d.. ~elo......l...are... ,._ ~ n~_• r._ ~ av.cyu~a~ a mn anu rnni VIO.Li1116f1Uf~IBfli JURI(T18n1{000 ~~ ~~ AGEAIDA ITEM S~ DATE 7'~ ~/v I m MIAMIBEACH City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, v+ww.miamibeachfl.gov COMMISSION MEMORANDUM To: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager i DATE: July 14, 2010 ECOND READING PUBLIC HEARING suB1ECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING CHAPTER 12, ARTICLE I, OF THE CODE OF THE CITY OF MIAMI BEACH ENTITLED "FILM AND PRINT PRODUCTIONS", BY AMENDING SECTION 12-1(5), "FILM AND PRINT REGULATIONS"; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION !~ The Administration recommends that the City Commission adopt the proposed irdinance amendment upon second reading. ~ I BACKGROUND t Commissioner Wolfson referred a discussion to the Land Use and Development~Committee at the March 10, 2010 City Commission meeting to review the notice requirements for film and pant productions. i 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 includerequirements 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). All productions that want to film in residential neighborhoods are required to obtain a permit. As no two productions are the same, the Film & Print Office may require productions to meet additional requirements depending on the nature and scope of the production. Current Notice Requirements Although the City Code does not have a notice requirement for film productions; the Film Guidelines, which were adopted by Resolution and are referenced in Chapter 12 of the City Code, require film productions in residential neighborhoods to provide notice to residents living within a minimum of 500 feet from any filming activity and/or equipment parking on private property. Productions are not allowed to park equipment or crew on the street or swale at any time unless a proper street closure has been processed and approved, including approval of affected residents. In addition to notice, pursuant to the Film Guidelines, consent from affected neighborhood residents that live within 500 feet of the production is required for residential productions (including the parking of production City Commission Memorandum Ordinance Amendment -Film and Print Productions July 14, 2010 Page 2 vehicles) that are to occur between the hours of 10:00 p.m. and 7:00 a.m, weekdays and 10:00 p.m. and 8:00 a.m. weekends, as follows: • Between 10:00 p.m. and 1:00 a.m., signature consent from 60% of affected neighborhood residents must be obtained by the production. • Between 1:00 a.m. and 7:00 a.m., signature consent forms from 75% of affected neighborhood residents must be obtained by the production. • In any instance where a production proposes to film at a residential location in excess of 14 consecutive days, regardless of filming activity, the production will be required to obtain signature consent from 90% of affected neighborhood residents. In addition, Signature approvals for residential location filming during normal hours are also required in the following circumstances: Productions with exceptional filming activities (e.g., simulated gunfire, bullet hits, fire effects, explosions, car crashes, aerial filming, etc.), or high-impact productions (e.g., large numbers of crew/talent and/or production vehicles/equipment present), as determined by the Film & Print Office based on an assessment of potential impact to the surrounding neighborhood, and/or any situation in which the activities may present a public safety concern. In any instance where a production proposes to film at a residential location in excess of 14 consecutive days, regardless of filming activity, the production will be required to obtain signature consent forms from 90% of affected neighborhood residents, within a minimum of 500 feet of the filming. L_A_ ND USE AND DEVELOPMENT COMMITTEE The Land Use and Development Committee discussion initially focused on the notice requirements given to residents for a proposed film production. The Committee was generally satisfied with the aforementioned notice requirements established in the Film and Print Regulations. However, the Committee then focused their discussion on the Film and Print Ordinance in Chapter 12 of the City Code. Members of the Committee expressed reservations with language in Section 12-1 (5) which gives the City Manager authority to amend the Film and Print Regulations, but does not require Commission approval for such an amendment. Two options were presented for the Committee's consideration. While the City Manager has generally used his discretion to impose stricter, not more lenient, requirements, the Committee unanimously passed a motion recommending amended language as provided in Option1 below. Option 1 (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, er-may and shall present such amendments to the city commission for approval, by resolution. Option 2 (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 that are more restrictive than the film and print regulations er-ma<y City Commission Memorandum Ordinance Amendment -Film and Print Productions July 14, 2010 Page 3 Amendments to the film and print regulations that are new or less restrictive must be presented s~s# ass to the city commission for approval, by resolution. If the City Manager is in doubt as to whether amendments to the regulations fall within either of the above it shall be resolved by requiring City Commission approval. The Administration has reviewed this further and believes the City Commission may want to consider amending Chapter 12 as proposed in Option 2. On occasion there may be a need for the City to impose more strict requirements. Option 1 would not give the City Manager the ability to do so without first obtaining approval from the City Commission. Obtaining Commission approval to impose more strict regulations on a production in most instances would be too late to actually impose the additional requirement on a production. Therefore, the Administration presented an alternative in Option 2, which addresses the Committee concern while also giving the Manager some discretion. This alternative was considered at the June 9, 2010 City Commission meeting. The City Commission unanimously passed Option 1 on first reading. FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of ,proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action and determined that this amendment does not significantly alter how the Administration; currently reviews, processes or permits film and print productions. Therefore, there is no fiscal impact associated with this Ordinance amendment. CONCLUSION The Administration recommends that the City Commission adopt the proposed ordinance amendment as approved on first reading. JMG/HMF/MAS T:IAGENDA\2010\July 14\Regular\Film and Print Ord Amendment Memo.doc.docx m MIAMIBEACH ~~~ ®~ ~'~~~ ~E~~~ ~~~s~~ ®~ ~~~LaC ~~~~'~~~ N071CE IS HEREBY given that second readings and public hearings will be held by the Mayor and City Commission of the City of Miami 3rd floor, City Hall, 17D0 Convention Center Drive: Miami Beach, Florida, on Wednesday, Juty 14fh, 2010, io consider the following: 10:15 a.m. Ordinance Repealing Article XI, Entdletl "Dangerous Intersection Safety," 01 Chapter 106, Entitled "Traffic And Vehicles," Of 1'he Miami Bey Inquiries may be directed to the City Manager's Office (3USj 673-7010 10:20 a.m. Ordinance Amending Chapter 12, Article I Of The Code Of The City Of Miami Beach Entitled "Film And Print Productions", By Amending Se X Inquiries may be directed to Tourism and Cultural Development (305) 673- 7577 Florida, in the Commission Chambers. City Code 12-t(5), "Film And Print kegwatiuns' 90:25'a.m. Drdinance Amending The Code Of The City Of Miami Beach, 8y Amending Chapter 106, Entitled "Traffic And Vehicles," By Amending Article II, Entitled "Metered Parking," By Amending Division 1, Entitled "Generally," By Amending Section 106-55, Entitled, "Parking Rates, Fees, And Penalties"; By Amending Subsection (L)~; Entitled, "Exceptions," By Amending Stru- Subsection (t}, Entitled "Special Event Parking" By Replacing Special Event Parking Rate Provisions With Flat Parking Rate Provisions Inquiries may be directed to the Parking Department (305) 673- 7275 fNTERESTED 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, cio the Ciiy Cierk. 1700 Convention Center Drive,lst Floor, City Hail, Miami Beech, Florida 33139. Copies of these ordinances are available for public inspection during normal business houre in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, and Miami Beach, Florida 33139 or via the City's web site at www.miamibeachfl.gov. This meeting may be continued and under such circumstances additional legal notice would not be provided. ~ - Robert E. Percher; City Clerk - City of Miami Beach Pursuant to Section 286.0105, Fla. Stet., the City hereby advises the public that: ff a person decides to appeal any decision made by the Clty Commission with respect to any matter considered at its mee8ng or its hearing, 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 bythe 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 tormat,.sign language interpreters, irdorm8tion on access tar persons with disabilities, and/or any accommoc any ctty-sponsored proceeding, please cdrdact X305} 604.2489 (voice}, (305} 673-7218(TTY) five days in advance to initiate your request. TTY ut Ad dfi07 ~----- n to review any document or participate in may also call 791 (Florida Relay Services: