HomeMy WebLinkAboutO-08752ORDINANCE No,
AN ORDINANCE REGULATING COMMERCIAL PHOTOGRAPHY
ON CITY Off` MIAMt PROPERTY OR AT CITY OP MIAMI
1'ACILtTIES REQUIRING THE ACQUISITION OP A CITY
COMMERCIAL PHOTOGRAPHIC PERMIT; PROVIDING 1{O1
THE CITY MANAGER TO ESTAELISH SUCH TERMS AND
CONDITIONS INCIDENT TO FILMING ROR COMMERCIAL
PURPOSES WITHIN THE CITY AS SMALL IMPLEMENT CITY
COMMISSION POLICY CONCERNING SUCH FILMING, PROVi1).NG
A PENALTY; REPEALING ALL ORDINANCES, CODE SECTIONS
OR PARTS THEREOF IN COURLICT, ItSOPAR AS THEY ARE
IN CONFLICT; AND CONTAINING A SEtfERA13ILITY PROVISION.
BE IT ORDAINED BY THE COMMISSION OP THE CITY OF MIAMI)
FLORIDA:
Section 1. It is unlawful to do any still photography,
motion picture photography, or electronic (television) photography,
for commercial purposes, on any public roadway, sidewalk, street,
park, causeway, beach, lagoon or on any City -owned property or
facility in the City of Miami, without having first received a
City of Miami Commercial Photographic Permit from the City Manager
or his designee. The term "for commercial purposes" means for
purposes other than pleasure; that is, for profit or as a profession.
Section 2. The City Manager or his designee shall be
empowered to evaluate the value to the City and the economic
benefits of commercial filming ventures proposed to take place
within the City, to waive or reduce rental rates for use of City
facilities for commercial filming purposes in accordance with
general policy criteria established by the City Commission, and
to resolve other areas of controversy which may arise between the
City and commercial filming persons, firms, corporations, or
associations.
Section 3. The provisions of this Ordinance shall not apply
to Qr affect reporters, photographers, or cameramen in the employ
of a newspaper, news service, radio or television broadcasting
CITY COMMISSION
MEETING OF
JAN24OMM
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stat .ohl or sLmiiar entity engaged in live broadcast .tig or ona.t lto pe%
reporting of sports events or trews events concerning those persortr;,
SceheS or oecurrendee which are in the news aria or general public
interest
Section 4. Any person ttioiating the provieiene of this
Ordinance shall be fined or imprisoned, or both fined and imprisoned'
in accordance with Section 3(aa) of the Charter of the City of
Miami (Chapter 108147, Acts of Florida, 1925, as amended) and Section
1-6 of the Code of the City of Miami, Florida.
Section 5. It is the intention of the City Commission
and it is hereby ordained that the provisions of this Ordinance
shall become and be made a part of the Code of the City of Miami,
Florida; 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", "article", or other appropriate word.
Section 6. All ordinances, code sections or parts thereof
in conflict herewith, insofar as they are in conflict, are hereby
repealed.
Section 7. If any section, sentence, clause, phrase, or
word of this Ordinance is for any reason held or declared to be
unconstitutional, inoperative or void, such holding or invalidity
shall not affect the remaining portions of this Ordinance; and it
shall be construed to have been the intent of the City Commission
to pass this Ordinance without such unconstitutional, invalid, or
inoperative part therein; and the remainder of this Ordinance, after
the exclusion of such part or parts shall be deemed and held to be
valid as if such parts had not been included therein.
PASSED ON FIRST READING BY TITLE ONLY this Ilth day
of January __ ., 1978.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this 24 day of danuar,
ATTEST.
CITY CLERK
., 1976.
Maurice A2 Ferre
1 AORTCE A . FE ii
MAY O R
PREPAnD AND AP h fD tit!
ROBERT F CLARK
AMISTANT CITY ATTohNtY
APPhOVED A8 To VoRM AND cohhECT1E88:
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SIStant fd f?te PublfIPIet cif the Mimi Pit* and Daily
Pecord. Ofilly fevtelit Satuflay, Sunday and I,egai
Hofidayti newsPaPer, pubiisheti at Miami in Dade
County Ploridev that the attached copy ct advertite•
Merit being a Legal Adyertitertirni or Notice ih the
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City of Miami, Florida
Ae
ORDINANCE N01 752
ih the XXX Court
was published in said newspaper in the issues of
January 30 # 1978
Affiant further Says that the said Miami Review
and baily Record is a neMpaper published at Miami, in
said Dade County, Plorida, and that the said newtpaper
has heretofore been continuously published in taid
Dade County, Florida. each day (except Saturday. Sun-
day and Legal Hotidays) and has been entered as
tetond class mail matter at the pott office in Miami in
Said Dade County, Plorida, for a period of one year next
preceding the firtt publication of the attached copy of
adyertitement, and affiant further Says that she has
neither paid nor proMised any person firm or corpora
tion any discount, rebate, commission or refund for the
purpose of securing this advertisement for Publication
in the sai owspaper
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C�NCNIP 3tICI4 I MI NO t POOV I DINSA
REPEALING ALLCIIIDINANCtli, COW 'SECTIONS'
PANTS TICREOP INCONPLICT, 'INSOFAR AS MVP Alt'
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CITY CLERK
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Ali interwettd will take notice Chet en the 24th day of Jam fp, 117*
the City Commission of Miami, Florida passed and adopted the following
titled Ordinance t
ORDINANCE NO
Li `t ; 2
AN ORDINANCE REGULATING COMMERCIAL PHOTOGRAPHY
ON CITY OP MIAMI PROPERTY OR AT CITY OP MIAMI
FACILITIES REQUIRING THE ACQUISITION OF A CITY
COMMERCIAL PHOTOGRAPHIC PERMIT; PROVIDING FOR
THE CITY MANAGER TO ESTABLISH SUCH TERMS AND
CONDITIONS INCIDENT TO FILMING POR COMMERCIAL
PURPOSES'WITHIN THE CITY AS SHALL IMPLEMENT CITY
COMMISSION POLICY CONCERNING SUCH FILMING; PROVIDING
A PENALTY; REPEALING ALL ORDINANCES, CODE SECTIONS
OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE
IN CONFLICT; AND CONTAIN/NO A SEVERAEILITY PROVISION.
RALPH G. ONGIE
CITY CLERK
•
q•
Joseph R, Otasii;)
City Manager + i '
t
li
\
f 1
Mr, t,ew Price , firec,, is
Dept: of Publicityrand �'ourism
1)J
January 5, 1978
Commercial Photography
Ordinance, Resolution, and
Policy
(1) Commercial Photography
(2) Commercial Photography
Resolution and Commission
Policy on Commercial
Photography.
(3) Outline of Commercial
Filming Rates at other
Facilities of National
Prominence,
(4) Outline of Commercial
Filming Rates at other
"local" facilities.
The constantly increasing requests regarding the use of City -owned property
or facilities for shooting of still photography, motion picture photography, or
electronic (television) photography, for commercial purposes, makes
obvious the need for a City policy governing this commercial activity.
Enclosure (1) is a broad ordinance establishing City control over commercial
filming activity on City -owned property or facilities, stating the applicability
of the law in this regard and establishing the intent of the City Commission
to create policy governing such activities,
Enclosure (2) is a City Commission Resolution establishing its policy with
regard to use of City -owned property or facilities for commercial filming
of any type, with a policy of standards and criteria attached thereto.
Enclosures (3) and (4) provide the City Commission with data concerning
rental rates charged for commercial filming activities at other facilities,
both national and local.
The Department's of Publicity and Tourism and Public Facilities recommend
passage of the proposed ordinance and the resolution.
8 7 5 2