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HomeMy WebLinkAbout2017-02 12-21 APCITY OF BROOKLYN CENTER NOTICE OF ORDINANCE ADOPTION ORDINANCE NO. 2017.02AN ORDINANCEAMENDING CHAPTER 23OF THE CITY CODE OFORDINANCES REGARDING FILMING ACTIVITIES AND COMMERCIALPHOTOGRAPHY 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 pro- tect the health, safety and general welfare of the public, including the safeguarding of public resources, from the undesirable effects asso- ciated 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 giv- en them in this Section. A."City manager" - The city manager of the city, or its designee. 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, doc- umentary, music video, television commercial, or other video adver- tisement, 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, eguipment or personnel. D."Permit" -A permit issued to engage in filming activities, com- mercial photography, or both, as required by Section 23-2502. Section 23-2502. PERMIT RE- QUIRED; EXCEPTION. Subdivision 1. Unless exempt by this Section, it is unlawful for any person to conduct, establish, or engage in filming activities or com- mercial photography within a public right-of-way or on any city-owned property without first obtaining a permit from the city. Subdivision 2. A permit is not required for commercial photogra- phy which does not: A.Require the use or expendi- ture of any city resources; B.Inhibit the free flow of lawful traffic and pedestrians on any pub- lic right-of-way; C.Cause any damage to city- owned facilities or property; and D.Otherwise endanger the health or safety of the general pub- lic shall be exempt from this permit requirement. Section 23-2503. CONTENTS OF APPLICATION. Any person desiring e permit shall make appli- cation on a form provided by the city manager. The applicant shall set forth: A.The proiect name; B.The applicant's name, tele- phone number, email address, and mailing address: C.A photocopy of the appli- cant's valid photo ID; D.The name and contact infor- mation of the producer (if the appli- cant is not the producer); E.The dates, times and loca- tions of the activities for which a permit is being requested, and a general description of the filming activities and commercial photog- raphy that will take place at each location; F.Whether or not artificial light- ing will be used; G.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; K.An estimate of personnel and equipment needed for crowd con- trol, 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 pro- ducer wants the city to be aware of. Section 23-2504. FEES; AD- DITIONAL 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 in- curred in connection with the per- mitted 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 rights-of- way or other publicly-owned prop- erty. Based upon the information contained in the permit application, the applicant shall deposit with the city clerk a prepaid estimate of the city's costs and expenses, as de- termined 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 be waived by the City for Brooklyn Center students involved in filming or photography projects. Section 23-2505, GENERAL REQUIREMENTS. The city manag- er will not issue a permit unless it is determined that: A.The filming activities or com- mercial photography will not en- danger the public health, safety, morals or general welfare; B.The filming activities or com- mercial photography will not cause undue traffic hazards, congestion or parking shortages in the city; C.The filming activities or com- mercial photography request does not exceed the capacity of the City to provide the requested services or interrupts the ability of the City to provide its routine services. D.The filming activities or com- mercial photography will not result in damage to parks, streets, rights- of-way, or any other property not belonging to the applicant; E. No filming activities and com- mercial photography permit has been recently issued for a location within 300 feet of the location de- scribed in the application. The city manager may waive this require- ment if it is determined that the purpose and obiectives 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 demon- strating that properties located in the vicinity of the location proposed will not be adversely affected by the issuance of a new permit; and E All other requirements of Sec- tions 23-2500 through 23-2511 are met. Section 23-2506. CONDITIONS AND RESTRICTIONS OF PER- MIT. The city manager may im- pose conditions and restrictions upon the permit holder, as deemed necessary for the protection of the public interest and properties and to ensure compliance with the re- quirements of the city code. Said conditions and restrictions may include, but shall not be limited to, the following: A.Submitting evidence that a notice describing the proposed filming activities and commercial photography, including the pro- posed dates thereof, has been mailed to all affected property own- ers. 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 Cen- ter Police Department to discuss safety and security 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 orig- inal condition; F Promptly undertaking and completing all filming and related activities within permitted time- lines; and G. Any other conditions or re- strictions deemed necessary to fur- ther the intent of Sections 23-2500 through 23-2511. Section 23-2507. REVIEW PRO- CESS: APPEAL. Applications for permits shall be reviewed and ei- ther 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 appeal i he ng. The coun- cil shall consider t appeal at the next regularly scheduled city coun- cil meeting on or after 10 days from service of the notice of appeal to the city manager. 23-2508. INSURANCE; INDEM- NITY. The city manager may re- quire that the applicant file a public liability insurance certificate, issued by an insurance company autho- rized 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 AIIIDAVIIT OF PUBLICATION STATE OF MINNESOTA )ssCOUNTY OF HENNEPIN Darlene MacPherson being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspa- per(s) known as: SP Brooklyn Ctr/Brooklyn Park with the known office of issue being located in the county of: HENNEP]IN with additional circulation in the counties of: HENNEP[N and has full knowledge of the facts stated below: (A)The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B)This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 12/21/2017 and the last insertion being on 12/21/2017. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By[), f-\o-f /LA -, Designated Agent Subscribed and sworn to or affirmed before me on 12/21/2017 by Darlene MacPherson. 1AI7) i/i Notary Public Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $46.90 per column inch Ad ID 766069 not less than $300000. Certain elements or activities may require greater coverage, if determined necessary by the city manager. The city manager may also require that the applicant sign an indem- nification agreement, indemnifying the city and 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 ap- plicant post financial security in the form of a surety bond or other form acceptable to the city as a condi- tion 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 fed- erally insured bank, and shall other- wise be on terms approved by the city manager. The security shall be conditioned on compliance by the applicant with the city code, pay- ment to the city of all fees, expens- es, 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 per- mitted activities. 23-2510. TRAFFIC CONTROL PLAN; STREET CLOSURES. A.A full street closure will not be permitted unless the application or change reuest is submitted at least five business days prior to the closure. The applicant may further be subiect to a $500 fee per street closed. B.Applicants shall furnish and install advance warning signs as requested by the city and in con- formance with any requirements imposed by the Minnesota Depart- ment of Transportation (MNDOT). All appropriate safety precautions shall be taken by the applicant. 23-2511. SUSPENSION OR RE- VOCATION. 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 olaced on the permit: C.Provide security in the re- quired amount and form: or D.Conduct the filming activi- ties or commercial photography in a way that does not endanger the public health, safety, morals or gen- eral welfare. Article II. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this 11th day of De- cember 2017. Mayor Tim Willson ATTEST: City Clerk Sharon Knutson Effective Date: January 20, 2018 (Strikeout indicates matter to be deleted, double underline indicates new matter.) Published in the Brooklyn Center Sun Post December 21, 2017 766069