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HomeMy WebLinkAbout2017-02 12-11 CCOCITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 11th day of December, 2017, at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance related to filming activities and commercial photography. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 763-569-3306 to make arrangements. ORDINANCE NO. 2017-02 AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY CODE OF ORDINANCES REGARDING FILMING ACTIVITIES AND COMMERCIAL PHOTOGRAPHY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article I. Brooklyn Center City Code, Chapter 23 is amended to add new Sections 23-2500 through 23-2511 as follows: FILMING ACTIVITIES AND COMMERCIAL PHOTOGRAPHY Section 23-2500. PURPOSE AND OBJECTIVES. The purpose of Sections 23-2500 through 23-2511 is to establish standards to protect the health, safety and general welfare of the public, including the safeguarding of public resources, from the undesirable effects associated with filming activities and commercial photography. Section 23-2501. DEFINITIONS. For purposes of Sections 23-2500 through 23-2511, the following terms shall have the meanings given them in this Section. A."City manaaer" - The city .manager of the city, or its design. B."Commercial photography" - All activities associated with the production of still photography for which a fee is charged for the use, reproduction or showing of the product of said photography. C."Filming activities"..- The commercial filming of a feature film, television or internet video, documentary, music video, television commercial, or other video advertisement, whether on film, video, or digital media, and all activities associated therewith. including the erection or placement of film sets, film trailers or campers, lighting, or other filming related structures, equipment or personnel. D."Permit" - A permit issued to engage in filming activities, commercial poraphv. or both, as required by Section 23-2502. ORDINANCE NO. 2017-02 Section 23-2502. PERMIT REQUIRED; EXCEPTION. Subdivision 1. Unless exempt by this Section, it is unlawful for any person to conduct, establish, or engage in filming activities or commercial photography within a public right-of-way or on any city-owned property without first obtaining a permit from the ciy. Subdivision 2. A permit is not required for commercial pho =to araphy which does not: A.Require the use or expenditure of any city resources: B.Inhibit the free flow of lawful traffic and pedestrians on any public right-of-way C.Cause any damage to city-owned facilities or property: and D.Otherwise endanger the health or safety of the general public shall be exempt from this permit requirement. Section 23-2503. CONTENTS OF APPLICATION. Any person desiring a permit shall make application on a form provided by the city manager. The applicant shall set forth: A.The project name: B.The applicant's name, telephone number, email address, and mailing address; C. A photocopy of the applicant's valid photo ID; D The name and contact information of the producer (if the applicant is not the producer): E.The dates, times and locations of the activities for which a permit is being requested, and a general description of the filming activities and commercial photography that will take place at each location; F.Whether or not artificial lighting will be used; 3i. A description of any special effects that will be used H.A description of all equipment that will be used; I.A description of proposed parking areas, requested street and sidewalk closures, and outdoor staging areas J. A description of the proposed use of city facilities, equipment and personnel; ORDINANCE NO. 201 7-02 K. An estimate of personnel and equipment needed for crowd control, security, traffic control, and other public safety measures: L A certified traffic control plan if public roads or sidewalks will be obstructed; and M. A description of any special concerns that the applicant or producer wants the city to be aware of. Section 23-2504. FEES; ADDITIONAL COSTS. The fee for a permit shall be in the amount set forth in the city's fee schedule. The applicant shall also pay all of the city's costs and expenses incurred in connection with the permitted activities including, but not be limited to, rental of city-owned property, actual costs for city staff time or city equipment, and repair of any damage to public ri ghts-of-way or other publicly-owned property. Based upon the information contained in the permit application, the applicant shall deposit with the city clerk a prepj4 estimate of the city's costs and expenses, as determined by the city manager. At the conclusion of the permitted activities, any of the city's costs below or in excess of the estimate will be either refunded by the city or paid by the applicant, as the case may be. A portion of the fees may h waived by the City for Brooklyn Center students involved in filming or photography projects. Section 23-2505. GENERAL REQUIREMENTS. The city manager will not issue a permit unless it is determined that: A The filming activities or commercial photography will not endanger the public health, safety, morals or general welfare; B.The filming activities or commercial photography will not cause undue traffic hazards, congestion or parking shortages in the cjy. C.The filming activities or commercial photography request does not exceed the capacity of the City to provide the requested services or interrupts the abilityf the City to provide its routine services. D. The filming activities or commercial photography will not result in damaae to parks, streets, riahts-of-way, or any other property not belonging to the applicant: E No filming activities and commercial photography permit has been recently issued for a location within 300 feet of the location described in the application. The city manager may waive this requirement if it is determined that the purpose and objectives of Sections 23-2500 through 23-2511 will be furthered by the issuance of a new permit, though may require that the applicant submit evidence demonstrating that properties located in the vicinity of the location pr o posed will not be adversely affected by the issuance of a new permit; and ORDINANCE NO. 2017-02 F. All other reuuirements of Sections 23-25 00 through 23-2511 are met. Section 23-2506. CONDITIONS AND RESTRICTIONS OF PERMIT. The city manager may impose conditions and restrictions upon the permit holder, as deemed necessary for the protection of the uublic interest and properties and to ensure compliance with_the requirements of the city code. Said conditions and restrictions may include, but shall not be limited to, the following: A.Submittinu evidence that a notice describing the proposed filminu activitiesnd commercial uhotography, including the proposed dates thereof, has been mailed to all affected property owners. If so required, the notice shall be mailed following the issuance of the permit but not less than five days prior to the date of permitted activities: B.Contacting the Brooklyn Center Police Department to discuss safety and sect measures: C.Employing its own security personnel - D.Using only designated streets and parking areas: E.Promptly restoring all public property, streets, sidewalks and rights-of-way to at least their original condition: F.Promptly undertaking and completing all filming and related activities within permitted timelines: and G. Any other conditions or restrictions deemed necessary to further the intent of Sections 23-2500 through 23-2511. Section 23-2507. REVIEW PROCESS; APPEAL. Applications for permits shall be reviewed and either approved or denied by the city manager. An applicant aggrieved by the city manager's decision may appeal to the city council. Written notice of the appeal must be given to the city manager within 10 days of the city manager's decision and must summarize the applicant's reasons for appealing. The council shall consider the appeal at the next reguliy scheduled city council meeting on or after 10 days from service of the notice of appeal to the city manag 23-2508. INSURANCE: INDEMNITY. The city manager may require that the applicant file a public liability insurance certificate, issued by an insurance company authorized to do business in the State of Minnesota. The policy shall insure the applicant and name the city as an additional insured in the sum of not less than $300,000. Certain elements or activities may require greater coveraae, if determined necessary by the city manager. The city manauer may also require that the applicant sign an indemnification aureement, indemnifying the city and ORDINANCE NO. 2017-02 holding it harmless from any loss, cost. damage and expense arising out of the use of any premises for filming activities or commercial photography. 23-2509. SECURITY. The city manager may require that the applicant post financial security in the form of a surety bond or other form acceptable to the city as a condition to the issuance of a permit. If so required, the applicant shall file with the city clerk the required security in the amount and form required by the city manager. If a letter of credit is used to provide the security, it shall be irrevocable and unconditional. issued by a federally insured bank, and shall otherwise be on terms approved by the city manager. The security shall be conditioned on compliance by the applicant with the city code, payment to the city of all fees, expenses, fines and penalties required by state or local law, and payment to the city of any damages the city may sustain by reason of the permitted activities. 23-25 10. TRAFFIC CONTROL PLAN; STREET CLOSURES. A A full street closure will not be permitted unless the application or change request is submitted at least five business days prior to the closure. The applicant !Y further be subject to a $500 fee per street closed. B. Applicants shall furnish and install advance warning signs as requested by the city and in conformance with any requirements imposed by the Minnesota Department of Transportation (MNDOT'. All appropriate safety precautions shall be taken by the applicant. 23-2511. SUSPENSION OR REVOCATION. The city manager may suspend or revoke a permit if the permittee fails to: A Comply with the requirements of these Sections 23-2501 through 23-2511; B.Comply with any condition placed on the permit: C.Provide security in the required amount and form; or D. Conduct the filming activities or commercial photography in awayway that does not endanger the public health, safety, morals or general welfare. Article IL This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this lltbd ay ofDecember , 2017. r Mayor ORDINANCE NO. 2017-02 ATTEST: 1ii1I1LcY City Clerk Date of Publication December 21,2017 Effective Date January20,2018 (Strikeout indicates matter to be deleted, doubleunderline indicates new matter.)