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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 Ip,,,•r ,.}.., 14)N119•41149.9 9 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: hiti4Nit IttiV111 Pi141111MAIRC'eittl tfuttit146 Not titett, Stauteko. Sun d Legal titilleatrt bah COON, totidd tiAtt tIONIDA Mite, tlAbt: ttatort unn@ftlgried authority persohally ap• rtratbd Cat6ItS Stem who itift oath sayS that the $3 AS- 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 Matter ot —111111111111111uppoingum... 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 , vitiscribed b me,this ;NU Afly 3 t Jan4ary, di 19 78 r +Pe—. roc‘v t .0 te cl,,Periciil,at„targe iStAL: M Commission mires WM'er irrnMi b�i tevw,, indOWID* 101/C1. AN intent* Wittlatit fieftectostliAlititha_ftitillitettit The 'City telftlftliVetr AMOK rtercs OMNI IPO =Pin IN • rn Mlettntliterec. . • 01MONANC4*6:183t- -;,,t'•4,„ 1: ettilitiAPIet PNOTC4RAP14,0NCITY,CIP WAN' Citft Or NOM 'PAC/LiTttSi NNW mitf OR THE t ITV 4MAN* TOON ,g COMMIROISAL PROT00 tITAVAIN SUCN TEAMS AND 'emeoftro INC TO ri IA INS VCR COMME1CIAL PU1110111,WITHIN Tte CITY AS SMALL IMPLEMENT -CITY coMMISSION POLIGY", C�NCNIP 3tICI4 I MI NO t POOV I DINSA REPEALING ALLCIIIDINANCtli, COW 'SECTIONS' PANTS TICREOP INCONPLICT, 'INSOFAR AS MVP Alt' IN. CONPLICT) - AND ..:CONTAININO A SIVE01.1,Atim,.•., ,„ ALP14,0A) 01 CITY CLERK 1/30PublitatIon 'el this mike en the 36 66y 6I-Jenuary, 0130” _ • , • L AL 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