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Home My Public Portal About1994-08 Alternate Creating a new chapter in the VKB code entitled FilmingALTERNATE ORDINANCE NO. 94-8 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CREATING A NEW CHAPTER ENTITLED "FILMING"; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILITY; REQUIRING A PERMIT AND PERMIT FEE; PROVIDING FOR LIMITATIONS; REQUIRING NOTICE TO OWNERS; ESTABLISHING CRITERIA FOR ISSUING PERMITS; PROVIDING AN APPEAL PROCEDURE; PROVIDING FOR EXEMPTIONS; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE WHEREAS, this Council has determined that unregulated filming throughout the Village has had a negative impact on residents and properties located in proximity to filming locations; and WHEREAS, this Council has determined that the regulation of film production within the Village promotes the general welfare of the residents and property owners in the Village. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, DADE COUNTY, FLORIDA, AS FOLLOWS: Section 1. That the Code of the Village of Key Biscayne, Florida is amended by adding a new chapter and sections which chapter and sections shall read as follows: Chapter Filming Sec. 1. Definitions. For the purposes of this Ordinance, the following terms, phrases, words and derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and the words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. 1.1 "Film" or "Filming" shall mean any and all still, live or motion picture productions whether made on or by film, electronic tape, or any other electronic device used to produce theatrical motion pictures, television entertainment motion pictures, industrial motion pictures, television commercials, or print media. Filming shall include the erection and dismantling of the equipment associated therewith. 1.2 "Manager" shall mean the Village Manager or authorized designee. 1.3 "Permit" shall mean a permit issued by the Village in accordance with the terms of this Ordinance. 1.4 "Person" shall mean any individual, partnership, firm, corporation, association or other entity. 1.5 "Village" shall mean the Village of Key Biscayne. Sec. 2. Applicability. This Ordinance shall apply to all the lands within the Village's jurisdiction whether public or private. Sec. 3. Permits. 3.1 Permit Required. No Person shall Film within the Village without first applying for and obtaining a Permit from the Manager. All Permits shall be conspicuously displayed at the Filming location. 3.2 Permit Application. Applications for a Permit shall: 3.2.1 be on the form provided for by the Village; 3.2.2 identify the applicant; 3.2.3 identify the location(s) where Filming is going to be conducted. If applicant is the owner of the property where Filming is going to be 2 conducted, the Village shall require proof of ownership, such as the deed, or if applicant is not the owner, then the Village shall require the owner's sworn consent to the Filming and proof of ownership. 3.2.4 shall require that applicant provide evidence of public liability insurance in the minimum amount of $1,000,000 or as otherwise established by the Village. All insurance policies shall name the Village as additional insured. 3.2.5 shall include a parking plan for automobiles, trucks and other vehicles connected with the Filming. 3.2.6 shall include a site plan for the location(s) where Filming will be conducted. 3.2.7 shall require that applicant post a $5,000 cash bond to be held by the Village to be used, if necessary, to repair damage to public property caused by the Filming. 3.3 Limitations on Permits. Permits issued by the Village shall be subject to the following: 3.3.1 Permits shall not be issued more than two times per year for each Filming location. Pcrmits shall not allow In no event may Filming to exceed three (3) consecutive days or six (6) days in any calendar year. 3.3.2 No Filming shall be permitted from 11:00 p.m. to 7:00 a.m. 3 3.3.3 No Filming shall bo permitted on Saturday, Sundays or legal holidays. 3.3.3 Other limitations as specified by the Manager depending on the location and type of Filming such as, and by way of example, requiring an off -duty police officer to be present during Filming. 3.4 Limitation on Location. No Filming shall be conducted from a given permitted location more than four times during a 12 month period. There shall be a minimum period of 30 calendar days of Filming inactivity following the expiration of a Permit for a particular location. 3.5 Permit fees. A Permit fee in the amount of $100.00 shall be due and payable at the time of Permit application. Permit fees shall be doubled for all Filming which is done without first obtaining a Permit. Sec. 4. Notice to Owners. Forty-eight hours prior to commencing any permitted Filming the Permit holder shall notify in writing all property owners within 300 feet of the Filming location. The notice to owners shall include but not be limited to the location, date, hours and subject matter of the Filming. Sec. 5. Permit Criteria. A Filming Permit shall be granted unless the Manager finds that the proposed Filming: 5.1 unduly impedes governmental business or public access; or 5.2 conflicts with previously scheduled activities; or 5.3 imperils public safety. Sec. 6. Penalties. Any Person who violates the provisions of this Ordinance shall be subject to a $500.00 fine and revocation of the Permit. 4 Sec. 7. Exemptions. The following shall be exempt from the provisions of this Ordinance: 7.1 Individuals Filming or videotaping only for their own personal or family use. 7.2 Employees of print or electronic news media when Filming on -going news events. This exception shall not apply to simulations or re-enactments orchestrated by print or electronic news media. 7.3 Indoor Motion Picture Studios. Sec. 8. Variances. Upon application to the Manager, variances may be granted from the terms of this Ordinance, provided that: 8.1 Signatures indicating consent have been obtained from all of the owners of property located within 300 feet of the Filming location; and 8.2 A finding is made by the Manager that the variance will not be injurious to the area involved or otherwise detrimental to the public welfare; and 8.3 The Filming proposed to be done as a result of the variance will be conducted in accordance with all standards in this Ordinance other than those for which a variance is being granted. Sec. 9. Appeals. Any Person aggrieved by the terms of a Permit issued by the Manager, by the decision not to issue a Permit, by the revocation of a Permit, or by the denial of a variance may, within 10 days of the decision, appeal to the Village Council whose decision shall be final. Section 2. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decisions shall not affect the validity of the remaining sections, sentences, clauses, and phrases 5 of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. Inclusion in the Code. It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances, Village of Key Biscayne; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and that the word "Ordinance" may be changed to "Section" or other appropriate word. Section 4. Effective Date. This Ordinance shall be effective upon adoption on second reading. PASSED AND ADOPTED on first reading this llth day of October , 1994. PASSED AND ADOPTED on second reading this 15th day of November , 1994 . ATTEST: . FESTA, MAYOR i GUIDO H. ING NZO, JR., VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: IC ARD JAY WE ISS, EISS, VILLAGE ATTORNEY 6 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE MEETING NOV. 15, 1994 ORDINANCE CREATING A NEW CHAPTER ENTITLED "FILMING" 'he xxxx Court, published in said newspaper in the issues of Nov 4, 1994 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of .advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discou , re • • te, commissio • - ' • for the purpose of secu - q t i is advertise or • ubli «: tion in the said news Sworn to and subscribed before me this 4r-- November t 94 day: I., A.D.19 0.011Y (SEAL) Octelma V. Fe • • • e )09 own to me. •'y f OF Ft_OD, OFfIC.tAL. N: )TARY SEAL CIT1011. F! MARMRR CfA.C.114S`_: N NO. CC:191642 NY t'tJfM/v.1%AM EXP. APR. 12,19% • VILLAGE OF KEY BISCAYNE PUBLIC NOTICE Notice is hereby given that the following ordinance will be consid- ered on Second Reading by the Key Biscayne Village Council at a meeting to be held on Tuesday, Noverfiber 15, 1994, at 7:00 p.m., in the Council Chamber, at 8S West 'McIntyre Street, Second Floor, Key Biscayne, Florida: - AN ORDINANCE OF THE.: VILLAGE OF KEY BISCAYNE, FLORIDA, CREATING A NEW CHAPTER ENTITLED "FILMING"; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILITY; REQUIRING A PERMIT AND PER- MIT FEE; PROVIDING FOR 'LIMITATIONS; REQUIRING NOTICE TO OWNERS; ESTABLISHING CRITERIA FOR ISSUING PERMITS; PROVIDING FOR AN APPEAL PRO- CEDURE; PROVIDING FOR EXEMPTIONS; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY, INCLU- SION IN THE CODE AND AN EFFECTIVE DA'rE. Interested parties are invited to appear and be heard. Copies of the proposed ordinance may be obtained at Vi Cage Hall,' Office of the Vil- lage Clerk, 85 West McIntyre Street, Key Biscayne, Florida 33149. Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meeting, that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based (F.S. 286.0105). 11/4 Guido H. Inguanzo, Jr. Village Clerk 94-4-110401 M