HomeMy WebLinkAbout032577 ORD - 10/19/2021Ordinance amending the City's Film Ordinance to only require permits for
filming that excludes the public from public property, providing for fee and
insurance waivers, and providing for existing penalties.
WHEREAS, the State of Texas, through the Texas Film Commission, provides incentives
for qualified production of motion pictures, television series, commercials, music videos,
interactive games and animation in the State; and
WHEREAS, the City of Corpus Christi benefits from the Industry's growth in the State, both
economically and culturally, including through job creation, employment, construction of
infrastructure, patronization of restaurants, hotels and other local businesses and rental of
real property and equipment; and
WHEREAS, the City is committed to meeting the needs of the Entertainment Industry
while simultaneously sustaining the quality of life of its citizens and businesses; and
WHEREAS, it is in the best interest of the City to utilize the Corpus Christi Film
Commission at the Corpus Christi Convention and Visitors Bureau, which will be dedicated
to meeting the needs of the Entertainment Industry and coordinating for the related needs of
Corpus Christi's citizens and businesses; and
WHEREAS, the City of Corpus Christi desires to amend Chapter 36 of the Code of
Ordinances to clarify the requirements for a Filming Permit, in light of the requirements of
the First Amendment of the United States Constitution, and provide the City Manager, or
designee, with the ability to waive application fees and insurance requirements in certain
situations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Code of Ordinances of the City of Corpus Christi is amended
by amending Chapter 36, Article 111 "Procedures, Guidelines and Fees for Commercial
Filming," by adding the underlined language and removing the struck through language, to
read as follows:
"ARTICLE III. Procedures, Guidelines and Fees for Geramererial Filming
Sec. 36-80. Definitions.
"Applicant" means the person or entity filming when such filming requires the exclusive use
of Public Property and applying for a Filming Permit.
locations.
"City Manager" means the City Manager or h-is/her designee, the City's Special -Event,
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SCANNED
Coordinator.
"Element" means an activity involving or item of City of Corpus Christi property to be used
during the filming.
"Entertainment Industry -Work" means the industry involved in production of motion pictures,
television series, commercials, music videos, interactive games and animation, where the
final product is intended to be commercially released and/or commercially distributed.
"Film Commission" means the Corpus Christi Film Commission Office at the Corpus Christi
Convention and Visitors Bureau.
"Local Film Maker" means any film maker that resides in the following counties: Nueces,
Kleberg, Jim Wells, San Patricio, Live Oak, Bee, Refugio, Goliad, Victoria and Aransas.
"Low -Impact Production" means a production that meets all of the following conditions: no
generator, not more than 10 people in the crew at any one time, no moving production
motor vehicles on camera (i.e. filming only passing traffic), no exclusive use of a street
right-of-way by production vehicles or pedestrians, no exclusive use of a pedestrian right-
of-way (i.e. no closure of a sidewalks), and no involvement or use of alcoholic beverages,
car pursuits, stunts, aircraft or pyrotechnics. It shall be the responsibility of the Applicant to
provide adequate written proof to the City Manager to establish that a production qualifies
as a Low -Impact Production.
"Project" means the entire scope of work associated with the Filming Permit.
"Public Property" means City Property (including but not limited to City streets, rights-of-
way, buildings, and park facilities), City equipment, and/or City personnel.
Sec. 36-81. Purpose and Scope.
(a) The City Council recognizes there is a need to allow for commercial film -making
activities in the City in a manner that protects the health, safety and welfare of the
public by establishing guidelines and procedures pertinent to filming, which involves
Public Property _ _ _ - - _ _ . The City of Corpus Christi
has strategically identified filming as a valuable economic sector and one of the
City's goals is to encourage filmmakers to continue producing film projects in the
City.
(b) These procedures govern requests for eernmereial use of Public Property or city
property (streets, rights of ways, parks, and public facilities), commcrcial use of
private property which may affect adjacent Public Property public or er-ivate-preperty7
in the filming of movies, TV shows,
commercials, social media videos, and related activities. To the extent that this
Article is inconsistent with or conflicts with any provision of the Code of Ordinances,
this Article supersedes any such provision (i.e., sections regarding use of city rights-
of-way, temporary street closures, and any other provisions inconsistent with this
Article). This ordinance is intended to lay out the process to obtain a Filming Permit
for film projects that require exclusive use of Public Property and is not intended to
impede or place restrictions on film projects to the extent that such projects do not
require exclusive use of Public Property.
(c) This Article does not apply to the filming conducted by a governmental entity or of a
public access program, the filming of a public meeting (as "meeting" is defined by
Chapter 551 of the Texas Government Code), or filming conducted by an
educational institution.
Sec. 36-82. City and City Manager Authority.
(a) The Applicant agrees that the City shall have full control over the use of the City
property - - _ _ _ ' ' - _ • _ _ _ _ - - _ - - _' while being used in the
filming, as well as control over the hours of production and the general location of
the production. The City reserves the full and absolute right to prohibit all filming or
to order cessation of filming if determined to be detrimental to the public health,
safety and welfare.
(b) The Applicant agrees to allow the respective City Departments (i.e., Police, Fire,
Development Services, Risk Management, Parks and Recreation) to inspect all
structures and/or devices and equipment to be used in connection with the filming
and taping if required by the City Manager.
Sec. 36-83. Corpus Christi Film Commission
(a) The Corpus Christi Film Commission at the Corpus Christi Convention and Visitors
Bureau is designated as the City's agent for the Filming Permit. The Film
Commission will be the first point of contact for the Filming Industry and will
administer the Filming Permit process in conjunction with the City Manager's
designee.
(b) Additionally, the Corpus Christi Film Commission shall be responsible for marketing
Corpus Christi, in association with the Texas Film Commission, to the Entertainment
Industry and maintaining a database of local resources for entertainment production.
Sec. 36-84. Permit Requirements.
(a) Prior to filming that requires the prescribed exclusive use of Ppublic Pproperty (city
street, right of way, park facility, equipment, or personnel), a Filming Permit must be
obtained. No Filming Permit is required by the City unlcas the Entertainment
Industry Work is performed on Public Property. No Filming Permit is required if the
filming does not require the exclusive use of Public Property.
(b) Filming Permits shall be issued by the Film Commission. Permits shall be issued to
the Applicant and will specify the filming that may occur at a particular location at a
particular time.
(c) The Filming Permit Application will be evaluated by the Film Commission and City
staff, and the elements requested will be considered for approval. The Filming
Permit will authorize the element(s) to be performed as part of the filming.
(d) In the event that permission to perform an element is denied by the City Manager or
the Film Commission, the remainder of the Filming Permit can be granted for all
other aspects of the Filming for which the requirements have been met.
(e) An Applicant that receives a Filming Permit is responsible for knowing and
complying with all local, state and federal laws, including other ordinances and
regulations that establish prerequisites, authorizations and other required
permissions applicable to the filming.
Where permitted, filming includes advertising signs or other displays of commercial
speech, and the signs and/or displays must be removed upon the expiration of the
Filming Permit.
Notwithstanding any other part of this code, any Applicant that performs filming
without receiving a Filming Permit, violates the material terms of a Filming Permit, or
is otherwise in violation of this Entertainment Filming Ordinance, shall be subject to
penalties as provided in Section 1-6 of the Code of Ordinances.
(h) The issuance of a permit shall not grant the Applicant a constitutionally protected
property interest. All applications for permits shall be in the form prescribed and
shall contain the information and exhibits required by this Article. All applications for
permits shall be signed by the Applicant or the designated representative some
representative of the Applicant having due and legal authority to enter into contracts
binding upon the Applicant.
When more than one application is received for filming at substantially the same
place and time, and the Film Commission reasonably determines that both filmings
cannot logistically and/or safely occur together, the earlier or earliest of the
applications that is received by the Film Commission in a substantially completed
form, which includes submission of the requisite application fee, shall be given
priority as to the time and place requested. The Corpus Christi Film Commission
may make reasonable efforts to consult with the other applicant(s) in an attempt to
find alternative times and/or locations that are acceptable.
(f)
(g)
(i)
Sec. 36-85. Processing of Filming Permit Applications.
(a) The Application shall include, but not be limited to, the following:
(1) Filming Project Name;
(2) Applicant Name, Contact Information including a valid phone number and
email address, and Photo Identification;
(3) Producer (or Designee's) Name and Contact Information;
(4) Dates, Times and Locations of Preproduction, Filming and Wrap Activity;
(5) Description of Filming Activity at each Location; Supplemental script
pages, Treatments or Storyboards may be required as part of this
component
(6) Description of any elements that may be performed during the filming,
including the dates, times and locations of each;
(7) Description of any aspects of the filming, other than the elements, that
may require City services;
(8) Description of any assistance the Applicant may need from the Film
Commission, and/or concerns the Applicant wants the Film Commission to
be aware of;
(9) Evidence of insurance as required in section 36-87 of this code;
(10) Identification of adequate restroom facilities, waste disposal facilities and a
sufficient supply of potable water to accommodate the participants during
the filming activity;
(11) Report listing the number of vehicles and types of equipment to be used
during the filming, including proposed hours of use and proposed parking
locations. Such locations will need to be specifically approved by the City
so as to maintain traffic safety. On -street parking or use of public parking
lots is subject to City approval. The use of exterior lighting, power
generators, or any other noise or light -producing equipment requires on-
site approval of the City Manager.
(b) Application Time - A Filming Permit Application must be submitted to the Film
Commission within the time frames below:
(1) Commcrcials or Episodic Television. All Filming Other than Feature Films.
A minimum of 3 business days before the filming, or any substantial
activity related to the project, begins.
(2) Feature Films. A minimum of 5 business days before the filming, or any
substantial activity related to the project, begins.
(c) Application Fee - All applications for Filming Permits shall be accompanied by a
filing fee of twenty five dollars ($25.00).$25.00. The City Manager may waive/nth-is
_ _ _ _ _ •' non profit status. The Applicatie ee-+e waivcd
for Local Film Makers if they are registered filmmakers with the Film Commission.
Other fees may apply (i.e. Public Right -of -Way Blockage Permit per section 53-195
of the Code of Ordinances). The City Manager may grant exemptions to the
Application Fee for:
(1) Students filming as part of an educational project sponsored by an
accredited educational institution;
(2) Non-profit organizations upon proof of the organizations' non-profit status;
(3) Local Film Makers if they are registered filmmakers with the Film
Commission; or
(4) Low -Impact Productions.
Sec. 36-86. Use of City -Public Property, Equipment and Services.
(a) Required Use of City Equipment and Personnel. In completing the Filming Permit
Application, the Applicant will indicate additional City Equipment or Services
necessary for the public safety, health and welfare of the City. The Applicant is
responsible for paying the costs incurred as a result of the production activity for use
of any Police, Fire, Traffic Engineering or other City Personnel assigned to the
Project (whether specifically requested by the production or not). The Film
Commission will facilitate contracting for use of off-duty city personnel (police, fire or
other city personnel) directly. Rates for the use of any of city equipment, including
police vehicles and fire equipment, will be provided at the time of application. The
City Manager may, at his/her discretion, require an advance deposit for the use of
city equipment through the offices of the Film Commission. Permit FeesAll required
fees related to use of Cit E•ui•ment and Personnel will be due before a Filming
Permit is issued.
(b) Police and Fire.The Chief of Police and/or Fire Chief shall have the authority to
stipulate additional Police or Fire requirements and level of staffing at any time
during the Project, if it is determined to be in the best interest of public safety, health
and welfare of the City. The cost of additional staff will be borne by the Aapplicant
and will be due to the City within seven days after notification of the additional staff
cost.
(5) Traffic Engineering. It shall be the duty of each Applicant to make provisions for the
safe crossing of pedestrians and the orderly movement of vehicular traffic in
accordance with the Texas Manual on Uniform Traffic Control Devices (TMUTCD). If
a street closure or traffic control is required, the Applicant shall be responsible for
paying occupancy charges required by section 53-195. Traffic control plans must be
obtained from a Professional Engineer licensed in the State of Texas and submitted
to the City for approval. A review fee of one hundred dollars ($100.00)$100.00 will
be charged for the required review of traffic control plans submitted by an
Applicant's consultant professional engineer. The Applicant is responsible for
obtaining services for traffic control devices.
(d) Use of City Property. The City Manager may authorize the use of any of city streets,
rights-of-way, parks, facilities, the use of the City of Corpus Christi name, trademark
or logo and/or the use of city equipment and/or personnel in the
production of movies, television programs, commercials, social media, or training
films and related activities. In conjunction with these uses, the City Manager may
require that any or all of the conditions as specified on the Filming Permit
Application be met as a prerequisite to that use.
(e) Fees for Use of City Property. Depending upon the extent of the use of City
Property, the Applicant agrees to reimburse the Film Commission for costs incurred
when using City property. All required fees related to use of City Property will be due
within 10 business days of the issuance of a Filming Permit.
(f) Notification of Neighbors. The Applicant shall provide a short written description of
the schedule for the proposed production to the owners, tenants and residents of
each property in the affected neighborhood (as defined by boundaries set by the
City Manager). The Applicant, or his or her designee, shall make a demonstrated
effort to notify each owner, tenant and resident of all such property 24 hours prior to
filming.
Sec. 36-87. Insurance Requirements, Save Harmless and Limitation of Liability.
(a) Insurance Requirements. These insurance requirements follow the Texas Film
Commission's insurance requirements. The producer shall furnish the City with a
certificate of insurance, naming the City of Corpus Christi and the Corpus Christi
Film Commission as an additional insured, in the amounts required by the City's
Risk Manager, which includes an amount not less than $1,000,000.00 general
liability, including bodily injury and property damage; automobile liability (if
applicable) in an amount not less than $500,000.00 including bodily injury and
property damage; worker's compensation to include all participants utilized in
connection with filming and related activities; and employer's liability. Any City
employee who is considered by the City to be in an off-duty status and who
sustains injury/illness will be covered by the Applicant's workers' compensation
coverage. The City of Corpus Christi reserves the right to determine and modify
insurance requirements on a case-by-case basis, taking into consideration other
risk factors involved in the filming activities, including but not limited to, for
example, involvement or use of alcoholic beverages, car pursuits, stunts, aircraft
and/or pyrotechnics. _ - • - _ _ _ _ _ Commission for information about insurance requirements. The City Manager, in
consultation with the City's Risk Manager, may waive insurance requirements on a
case-by-case basis.
(b) Save Harmless Agreement.
AM MINI
(1) Applicant is required to provide a save harmless agreement in which
aApplicant agrees to defend with counsel approved by City, pay and save
harmless the City, its officers and employees from any and all claims or
lawsuits for personal injury or property damage arising from or in any way
connected to the filming; excepting any claims arising solely out of the
negligent acts of the City, its officers and employees.
(2) The Applicant agrees to pay in full, within 30 days upon receipt of an invoice,
the costs of repair for any and all damage to public or private property
resulting from or in connection with the filming activities and film production,
and to restore the property to its original, or better than original, condition
prior to the production. Film Producer/Applicant will be responsible for any
and all damage to equipment used regardless if owned, rented, leased or
borrowed.
(c) Limitation of Liability. This ordinance shall not be construed as imposing upon the
City or its officials or employees any liability or responsibility for any injury or
damage to any person in any way connected to the use for which permits have
been issued. The City and its officials and employees shall not be deemed to have
assumed any liability or responsibility by reasons of inspections performed, the
issuance of any permit or the approval of any use of the right-of-way.
Sec. 36-88. Sanitation and Clean-up.
A Filming Permit may be issued only after adequate waste disposal facilities have been
identified and obtained by Aapplicant. Applicant may be required to utilize City signage
addressing litter and recycling. Such signage must be returned to the City at the end of the
event. Applicant -w+ -Il must clean the right-of-way of rubbish and debris, returning it to its
pre -activity condition, within 24 hours of the conclusion of the filming activity. If the
Aapplicant fails to clean up such refuse, such clean up shall be arranged by the City and
the cost charged to aApplicant."
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final judgment
of a court of competent jurisdiction, it shall not affect any other section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of
this City Council that every section, paragraph, subdivision, clause, phrase, word, or
provision hereof be given full force and effect for its purpose.
SECTION 3. Publication shall be made one time in the official publication of the City
of Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 4. Penalties are as provided in Section 1-6 of the Code of Ordinances.
SECTION 5. This ordinance takes effect upon official publication.
That the foregoing or inance was read fo the first time and passed to its second
reading on this the 1 Oh day of ()�. , 2021, by the following vote:
Paulette M. Guajardo
Roland Barrera
Gil Hernandez
Michael Hunter
Billy Lerma
Ats.
John Martinez
Ben Molina
Mike Pusley
Greg Smith
That thforegoing ordinance was read for the second time and passed finally on this
C
the Ick day of -- 2021, by the following vote:
Paulette M. Guajardo
Roland Barrera
Gil Hernandez
Michael Hunter
Billy Lerma
John MartinezAt
Ben Molina
Mike Pusley �
Greg SmithAY-
PASSED AND APPROVED on this the clday of U.-jfOW , 2021.
ATTEST:
Rebecca Huerta
City Secretary
1
EFFECTIVE DATE I
a-11
_..._.�_. .
03257?
Paulette M. Guajardo
Mayor
Caller
PART OF THE USA TODAY NETwogx 2021 CCI I 2 9 10. 31
Certificate of
Publication
NOTICE OF PASSAGE OF
ORDINANCE(S)
CITY OF CORPUS CHRIS TI -SECRETARY NO. 032577, ordinance
amending the City's Film
PO BOX 9277 Ordinance to only require
permits for filming that ex-
cludes the public from pub-
CORPUS CHRISTI, TX 78401 lic property, providing for
fee and insurance waivers,
and providing for existing
penalties. This ordinance
was passed and approved
STATE OF WISCONSIN) on second reading by the
)) Corpus Christi City Council
on October 19,2021.
COUNTY OF BROWN) /s/Rebecca Huerta
City Secretary
I, being first duly sworn, upon oath depose and say that I
am a legal clerk and employee of the publisher, namely,the
Corpus Christi Caller-Times, a daily newspaper published
at Corpus Christi in said City and State,generally circulated
in Aransas, Bee, Brooks, Duval, Jim Hogg,Jim Wells,
Kleberg, Live Oak, Nueces, Refugio, and San Patricio,
Counties, and that the publication of which the annexed is a
true copy,was inserted in the Corpus Christi Caller-Times
in the following issue(s)dated:
10/25/2021
On this October 25, 2021, I certify that the attached
document is a true and exact copy made by the publisher:
di,W'
Legal Notice Clerk
Not ublic, State of isconsin, ounty of Brown
Notary Expires
SARAH BERTELSEN
Notary Public
Publication Cost: $87.45 S
Ad No: 0004969451
Customer No: 1490432 tate of Wisconsin
PO#: 032577
#of Affidavits 1
This is not an invoice