97-07 ORDINANCE NO. 97-07
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
CREATING FILMING REGULATIONS FOR THE CITY;
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, the City Council has determined that unregulated filming throughout the
City 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 City promotes the general welfare of the residents and property owners in the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 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.
"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
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pictures, television commemials, or pdnt media. Filming shall include the erection and
dismantling of the equipment associated therewith.
"City Manager" shall mean the City Manager or authorized designee.
"Permit" shall mean a permit issued by the City in accordance with the terms of this
Ordinance.
"Person" shall mean any individual, partnership, firm, corporation, association or
other entity.
"City" shall mean the City of Aventura.
Section 2. Applicability. This Ordinance shall apply to all the lands within the
City's jurisdiction whether public or private.
Section 3. Permits.
A. Permit Required. No Person shall Film within the City without first
applying for and obtaining a Permit from the City Manager. All Permits shall be
conspicuously displayed at the Filming location.
B. Permit Application. Applications for a Permit shall:
(i) be on the form provided for by the City;
(ii) identify the applicant;
(iii) identity the location(s) where Filming is going to be conducted. If
applicant is the owner of the property where Filming is going to be
conducted, the City shall require proof of ownership, such as the
deed, or if applicant is not the owner, then the City shall require
Ordinance No. 97-07
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the owner's sworn consent to the Filming and proof of ownership;
(iv) shall require that applicant provide evidence of public liability
insurance in the minimum amount of $1,000,000 or as otherwise
established by the City. All insurance policies shall name the City
as additional insured;
(v) shall include a parking plan for automobiles, trucks and other
vehicles connected with the Filming;
(vi) shall include a site plan for the location(s) where Filming will be
conducted;
(vii) may, at the discretion of the City Manager, require that applicant
post a cash bond to be held by the City to be used, if necessary to
repair damage to public property caused by the Filming.
C. Limitations on Permits. Permits issued by the City shall be subject to
the following:
(i) No Filming shall be permitted from 11:00 p.m. to 7:00 a.m;
(ii) Other limitations as specified by the City 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.
D. 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.
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Section 4. Notice to Ownem. Forty-eight hours prior to commencing any
permitted Filming the Permit holder shall notity 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.
Section 5. Permit Criteria. A Filming Permit shall be granted unless the City
Manager finds that the proposed Filming:
A. unduly impedes governmental business or public access; or
B. conflicts with previously scheduled activities; or
C. imperils public safety.
Section 6. Penalties. Any Person who violates the provisions of this Ordinance
shall be subject to a $500.00 fine and revocation of the Permit.
Section 7. Exemptions. The following shall be exempt from the provisions of
this Ordinance:
A. Individuals Filming or videotaping only for their own personal or family
use.
B. 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.
C. Indoor Motion Picture Studios.
D. Governmental agencies or instrumentalities including, but not limited to, a
news service created or established by the United States Information Agency, provided that
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notification is received by the City Manager prior to filming.
E. Commemial film crews of four (4) individuals or less not operating on
public property.
Section 8. Variances. Upon application to the City Manager, variances may be
granted from the terms of this Ordinance, provided that:
A. Signatures indicating consent have been obtained from all of the
owners of property located within 300 feet of the Filming location; and
B. A finding is made by the City Manager that the variance will not be
injurious to the area involved or otherwise detrimental to the public welfare; and
C. The Filming proposed to be done as a result of the variance will be
conducted in accordance with ail standards in this Ordinance other than those for which a
variance is being granted.
Section 9. Appeals. Any Person aggrieved by the terms of a Permit issued by the
City 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 City Council whose
decision shall be final.
Section 10. 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 of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
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notwithstanding the invalidity of any part.
Section 11. Inclusion in the Code. It is the intention of the City Council, and it is
hereby ordained that the provisions of this Ordinance shall become and be made a part of
the Code of Ordinances, City of Aventura; 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 12. Effective Date. This Ordinance shall be effective upon adoption on
second reading.
The foregoing Ordinance was offered by Councilmember Rogers-Libert, who
moved its adoption on first reading. This motion was seconded by Vice Mayor Berger,
and upon being put to a vote, the vote was as follows:
Councilmember Jay R. Beskin yes
Councilmember Ken Cohen yes
Councitmember Harry Holzberg yes
Councilmember Jeffrey M. Perlow yes
Councilmember Patricia Rogers-Libert yes
Vice Mayor Arthur Berger yes
Mayor Arthur I. Snyder yes
The foregoing Ordinance was offered by Councilmember Rogers-Libert, who
moved its adoption on second reading. This motion was seconded by Councitmember
Cohen, and upon being put to a vote, the vote was as follows:
Councilmember Jay R. Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey M. Perlow yes
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Page 7
Councilmember Patricia Rogers-Libert yes
Vice Mayor Arthur Berger absent
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED on first reading this 18th day of February, 1997.
on second r g thi_s 4 day of March, 1997.
N~' :R, MAYOR
ATTEST:
TERESA M. SMITH, CMC, CITY CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
RIcelYtE?ss, CITY A~DORNEY
EMS/tins