Ordinance 89-016ORDINANCE NO. 89- 16
. AN ORDINANCE AMENDING ORDINANCE NO. '8_~,
: T~E COMPREHENSIVE ZONING REGULATIONS
THE UNINCORPORATED COLLIER '1"1
"~" BY ADDING A NEW SECTION ENTITLED MOTI,~N~_
· , .~.. PICTURE/TELEVISION PRODUCTION PERMIT __~: '~'cD '
~:~' SUBSECTION 10.6 TEMPORARY USE PERMIT
..... J-- SUBSECTION 10.6 e.; PROVIDING FOR .~c.
.~ CONFLICT AND SEVERABILITY AND PROVIDING.,,, . n~ ~'~,
~ AN EFFECTIVE DATE. ~.
WHEREAS, the Board of County Commissioners recognizes that
the motion picture and television industries constitute a
potential source of economic benefit to Collier County; and
WHEREAS, the Board wishes to cooperate with these
industries by providing a process for obtaining permission to
film on private property or property owned by or under the
control of Collier County;
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION ONE:
Section 10, Subsection 10.6 of Ordinance 82-2, the Zoning
Ordinance of Collier County is hereby amended by adding a new
Subsection 10.6.e to read as follows:
10.6e Motion Picture/Television Production Permit:
1)
Permit :
. . Required No person, firm, corporation or
association shall take still or moving pictures on private
property or property owned by or under the control of
Collier County without first having obtained a permit. A
permit shall be required for the following: the use of set
scenery, temporary structures, lighting equipment or other
apparatus, special effects, or closure of public streets or
access ways. This Ordinance shall not apply to bona fide
newspaper, press association, newsreel or television news
media personnel, nor to properties that have been zoned to
allow motion picture/television filming as a permitted use.
2)
6ppltcation for Permit~ Contents.
Any person, firm, corporation, association or governmental
entity desiring to obtain a permit shall apply to the
Zoning Director, and said application shall include but not
be limited to the following: - -
(a) Name, address (including local address) end telephone
number of ~pplicant. _
3)
(b)
(c)
Proof of comprehensive general liability insurance
coverage in the amount of at least one million
dollars ($1,000,000.00) combined single limit, with
Collier County named as an additional insured.
Special effects to be utilized, especially incendiary
or explosive devices, with proof of not less than five
million dollars ($5,000,000.00) comprehensive general
liability insurance combined single limit with Collier
County listed as additional insured therefore.
In addition, the application shall list the person in
charge (pyrotechnician) of such special effects
together with his qualifications and licensure by ~he
applicable federal and/or state agencies and
authorization from the local fire district permitting
the event.
(d) Locations, dates and hours of filming, scene to be
filmed.
(e)
(f)
A description and sketch plan indicating the location
of film events, and parking facilities provided.
Plans for construction or utilization of structures on
subject site/s.
Cg)
Number, type and location of sanitation facilities to
be provided. Plans for disposal of refuse, debris and
restoration of the site/s to it original condition.
(h)
Provide a description of any lighting facilities that
would be necessary and/or the need to disconnect any
public lighting.
(i) Describe any use which may encroach into
environmentally sensitive areas.
(j)
(k)
Approximate number and type of vehicles and/or
equipment to be used and any special parking
requirements. The number of personnel to be on
location with the production.
Necessity for closures of public streets or sidewalks
and for what duration and location.
(1) Indicate any utilization of aircraft/fixed-wing,
helicopter, or balloons at the subject site/s.
(m)
(n)
List of County personnel or equipment requested,
and an agreement to pay for extraordinary services
provided by Collier County.
Provisions for traffic control, fire safety and
security precautions.
(o)
If located on private property, not under the County's
ownership or control a written notarized agreement
will be required from the property owner to allow the
filming to occur on his property.
Insurance Requirements. ~he mpplicant shall, as a
prerequisite to the issu_ance of*a permit, maintain in force
at all times during the permit period a- comprehensive
general liability policy with limits other than those
described in (b) & (c)above as recommended by the Director
of the Risk Management Division upon a review of the
particular circumstances involved and determined by the
Board of County Commissioners. Said applicant, as a
2
4)
5)
6)
7)
8)
prerequisite to the issuance of a permit, shall provide to
the Zoning Director a certificate of insurance evidencing
that: said insurance is in existence and certifying that
Collier County is a named insured and that Collier County
be given thirty (30) days notice prior to the expiration or
cancellation of the policy. Any additional insurance
requirements for filming on private property will be at the
discretion of the affected property owner.
Indemnification. The applicant shall be required to
indemnify and hold harmless Collier County, its officers,
agents and employees from and against all claims, suits,
actions, damages, liabilities, expenditures or causes of
action arising out of or occurring during the activities of
applicant under a permit issued hereupon in the form and
manner provided by the Zoning Director.
Permit Fee. No permit fee shall be required. Any
additional license or user fees which have been established
for .County owned land or facilities shall be in effect.
Issuance of Permit. Upon presentation of the completed
application, proof of insurance, payment of permit fee,
surety bond or cash payment in lieu of the bond and review
by the Zoning Director the permit may be issued. If the
Zoning Director determines that the use of public or
private property could affect the public's use of the
property, have potential adverse impacts on surrounding
properties, or present a dangerous or unusual circumstance
then he may require that the permit application be
scheduled for a public hearing before the Board of County
Commissioners. The special circumstances could include but
are not limited to closure of a public street or access
way; use of special effects including incendiary or
explosive devices; a large production crew or crowd
control, and increased liability insurance required. The
notice for the public hearing shall be advertised in a
newspaper of general circulation in the County at least one
time fifteen (15) days prior to the hearing.
Suspension of Permit. Failure to comply with the terms and
conditions of the temporary use permit once issued shall be
grounds for immediate suspension of the permitted activity
until such time as the non-compliance is remedied. The
suspension shall be initially communicated orally, followed
by a written suspension order and continued failure to
comply with the terms and conditions of the permit may
result in revocation of the permit.
Costs for Extraordinary Services. The County shall recover
direct costs for extraordinary services rendered in
connection with a production. Such costs shall include,
but not be limited to, charges for personnel and/or
equipment committed in support of the production which are
outside the normal scope of government services. Based on
the information contained in the permit application, an
estimate of these costs will be provided to the applicant
prior to issuance of the permit. The County may require
pre-payment of all or a portion-of these estimated costs
prior to issuance of the permit. At the conclusion of the
9)
production, actual costs below or in excess of the
estimates will be refunded by the County or paid by the
applicant, respectively.
Surety Bond. A surety bond in the amount to be determined
by Collier County will be required by a company authorized
.to issue bonds in Florida or cash payment in lieu of the
bond to provide for clean-up and/or restoration of the
subject site/s.
SECTION TWO:
In the event this Ordinance conflicts with any other Ordinance
of Collier County or other applicable law, the more restrictive
shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct
and independent provision, and such holding shall not affsct the
validity of the remaining portion.
SECTION THREE:
This Ordinance shall become effective upon receipt of notice
from the Secretary of State that this Ordinance has been filed
with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida this ]&th day of
March . 1989.
"ATTEET :,
JAMES C:-.GILES, CLERK
" '~. ~_~~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BURT L. SAUNDERS, CHAIRMAN
~'APPROVED AS TO FOP2/ AND L~-GAL SUFFICIENCY:
MARJO,~IE M. STUDENT
ASSISTANT COLLIER COUNTY ATTORNEY
PI165
md
4
STATE OF FLORIDA
COUNTY OF COLLIER
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 89-16
which was adopted by the Board of County Commissioners on the
14th day of March, 1989, during Regular Session.
WITNESS my hand and the official seal of the Board. of
County Commissioners cf Collier County, Florida, this 16th
day of March, 1989.
Clerk of Courts and Clerk,.,%
Ex-officio to Board of '-"
County Commissioners
By: /e/Maureen Kenyon
Deputy Clerk