R-2019-091
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RESOLUTION NO. 2019 -08
A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI
SHORES VILLAGE, FLORIDA ADOPTING FILMING
REGULATIONS PURSUANT TO ARTICLE IV.
COMMERCIAL PHOTOGRAPHY AND FILMING OF THE
CODE OF ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Miami Shores Village Council directed staff to review and compare other
municipal Film Permit Ordinances; and
WHEREAS, the Village Council would like to implement filming regulations to provide minimal
impact to the community during filming; and
WHEREAS, the Village Council finds that the passage of this Resolution is in the best interest
and welfare of the residents of Miami Shores Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MIAMI SHORES
VILLAGE, FLORIDA AS FOLLOWS:
Section 1: That the Village Council hereby adopts the Miami Shores Village Filming
Regulations, attached as Exhibit A, pursuant to Ordinance 2019 -07
Section 2: This resolution shall take effective immediately upon adoption.
PASSED AND ADOPTED this 21St day of May, 2019-
ATTEST:
Ysabely Rodr' z, CMC Ma or MacAdam Gli
Village Cler
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Richard Sarafan, Village Attorkey
FINAL VOTES AT ADOPTION
Council Member Sean Brady
Yes
Council Member Stephen Loffredo
Yes
Council Member Jonathan Metz
Yes
Vice- Mayor A lice Burch
Yes
Mayor Crystal Wagar
Yes
FXHIRIT "A"
Filming Regulations
Definitions
1. Affected property owners /residents shall mean property owners whose property is subject to a
not - insubstantial impact due to the activities of the applicant under the permit, including but not
necessarily limited to, the following:
a. Interior Filming: Properties within 500 feet of the property covered by the permit.
b. Exterior Filming: Properties within 750 feet of the property covered by the permit.
c. Road Closures: All properties on the closed road
2. Applicant includes an individual, firm, partnership, corporation, company or any other legal entity
that has submitted an application for a film permit.
3. Filming means any and all still, live, drone or motion picture production and related activities
whether made on or by film, electronic tape or any other electronic device used to produce
theatrical motion pictures, television entertainment programs or motion pictures, industrial
motion pictures, television commercials or still photography for use in any print or electronic
media.
4. Film production shall include the erection, dismantling and transportation of the production
equipment and the use of production vehicles.
5. Film permit means the permit required by this section.
6. Property means property located within the Village.
7. Production Vehicles includes any and all vehicles which in any way will be utilized during the film
production including those used in transporting the production crew to and from the production
location; which may include, but is not limited to, campers, mobile homes, automobiles, trucks,
trailers, vessels, motorcycles and helicopters.
B. Property Owner means the owner of record of real property as recorded in the most recent tax
rolls of Miami -Dade County.
9. Village Property means and includes any public street, sidewalk, park, recreational facility,
building, water body or real or tangible property owned or controlled by the Village.
10. Village Manager means the Village Manager or authorized designee.
1. Applicability: The following regulations shall apply to all location filming which takes place in
Miami Shores Village subject only to those exceptions noted in Section 14 -71 of the Miami Shores
Village Code of Ordinances. Filming includes all related activities of set -up, tear down and clean-
up.
2. Permit Issuance: Permits for location filming will be coordinated through and issued by the Office
of the Village Manager.
3. Timeline for Application Submission: Applications for permits for location filming under Chapter
14 Article IV of the Village Code, must be received by the office of the Village Manager not less
than three business days in advance of the commencement of the activities for which the permit
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is sought. However, if, after a permit is granted for activities at a specific location, on a specific
date, if circumstances necessitate rescheduling the date on which the activities for which the
permit sought will occur (i.e. the original date is canceled and a new date therefore is being
proposed) the Village Manager's office must be notified, in advance, of the proposed rescheduled
date in accordance with paragraph 4 below, at least 48 hours prior to the commencement of such
activities
4. Notification: All affected property owners /residents must be given notice by the applicant at least
forty -eight (48) hours prior to the start of the shoot. Filming in residential areas for a period of
three (3) consecutive days or longer will not be approved unless a majority of the affected
property owners /residents have given their written approval.
All affected property owners on a roadway where filming requires street closure(s) must be
notified.
S. Restrictions on Hours /Days for Filming: Except as herein provided, filming and associated work
shall be limited to the hours of 7:00 AM to 10:00 PM on weekdays, Monday through Friday, and
9:00 AM to 11:00 PM on Saturdays.
6. Limitations on Filming Durations and Locations: Any exception to the below requires the advance
written consent and approval of the majority of affected owners /residents and the Village
Manager.
a. Each permit may be for a period not to exceed three (3) consecutive days.
b. No permit shall be issued for activities on Sundays nor on any of the following legal holidays:
New Year's Eve
New Year's Day
Memorial Day
Independence Day
Thanksgiving
Christmas Eve
Christmas Day
Still Photography: Still photography shoots contained entirely within an existing structure may be
conducted no more than once every fourteen (14) days. The maximum number of permits per
year is twenty -four (24) for the same address.
Drone Use: For any use of drones (or Unmanned Aerial System (UAS) requests) as part of
commercial filming activity, Miami Shores Village follows FAA guidelines as follows:
For permitting consideration, applicant must provide:
■ A copy of FAA issued pilot or operator license
■ Drone registration number
• Pilot /operator's insurance naming Miami Shores Village as certificate holder
• Manufacturer detail showing weight of UAS to be less than 55 lb
• Date and times of each UAS filming use
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■ No night filming without a FAA waiver
• Must be a closed set with no public access; only cast and crew hired by the production
company and named under the worker's compensation policy of the production
• Filming is restricted to the location property and must not capture any property other than
the location property.
All Other Commercial Photography and Filming: Commercial filming other than still photography,
including, but not limited to, commercials or corporate /industrial filming recorded on video or
major motion picture film shall be limited to no more than one per month per address. The
maximum number of film permits is twelve (12) permits per year for the same address. Only one
permit shall be issued for the same address during any thirty (30) day period.
For all photography, still or commercial photography or filming, there must be a minimum of
fourteen (14) days between the effective date of each film permit issuance for each address. The
maximum number of film permits, either still or commercial photography or filming, issued for
any address will be twenty -four (24) per year.
7. Fees: The fees for such permits are as follows:
a. Still Photography: $150 per day of production
b. All others: $300 per day of production
8. Considerations to Residents /Occupants /Businesses: Nearby residents, occupants and
businesses must be protected from any unreasonable negative environmental impacts resulting
from filming, including but not limited to, spill -over lighting, exhaust fumes or noise that may
affect the ability to enjoy the persons property or conduct their business unless they waive any
such objections in writing. It is the intention of this section to protect neighborhoods from undue
intrusions associated with commercial photography.
a. Lighting: Lighting for filming should not interfere with the safe movement of traffic and
should be oriented away from neighboring residences unless such affected property
owners /residents have been contacted and have given written consent.
b. Noise and Nuisance Abatement: The applicant and its agents and employees must
comply with the provisions of Section 10 -5 of the Miami Shores Village Code of
Ordinances.
c. Equipment and Vehicles: A site plan shall be submitted as part of each permit application
showing the location of major equipment such as large lights and generators as well as
vehicle parking.
The Village Manager may approve, disapprove or approve with appropriate conditions, any
permit applied for under this section. Such conditions may include advance notification to
affected residents, services for security or area control and /or limitations on the number of
vehicles or hours.
9. Disruption to Residents /Occupants /Businesses: It is the applicant's responsibility to ensure that
there is a minimum amount of disruption to residents, occupants, businesses and Village
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operations and employees where filming occurs. This includes ensuring that access to premises
for pedestrians and vehicles is available for the adjoining properties.
10. Production Vehicles: All vehicles carrying equipment involved in the production and cast and crew
vehicles should be contained on the property where production takes place or in a remote
location. If the property space is limited and does not permit for enough parking, a parking plan
should be submitted with the permit application for approval. Any damage to the public swale
areas by production vehicles shall be restored at the expense of the permit applicant or the
property owner of the address for which the permit was issued.
11. Traffic: The applicant shall comply with regulations governing traffic in or upon municipal
property. This includes adhering to posted speed limits and to lawful conditions.
No interference with pedestrian or vehicular traffic is to occur unless otherwise noted on the
approved permit. Every measure is to be taken to ensure that access, either vehicular or
pedestrian, by persons with disabilities is not impaired.
12. Parking and /or Standing: All production vehicles must adhere to the following:
a. Must not block fire hydrants or be parked in fire lanes or within 30 feet of an intersecting
street or impede any emergency response vehicles.
b. Cannot block driveways or other access ramps without approval of the owner.
c. Make alternate parking arrangements for residents whose vehicles may be displaced by
the filming activity. Relocating vehicles by towing to accommodate filming or parking will
not be permitted.
d. Must not block parking lot access /egress ramps and accessible parking for persons with
disabilities.
e. Must also adhere to any other requirements specified on the permit.
13. Traffic Stoppages: Intermittent traffic stoppages to a maximum of three (3) minutes, unless stated
otherwise, shall be under the supervision of an off -duty police officer. It is the applicant's
responsibility to contact the Miami Shores Police Department to arrange for an off -duty police
officer.
14. Filming Involving Stunts, Pyrotechnic or other Special Effects: Pyrotechnic or special effects shall
not be allowed anywhere within the Village limits in connection with activities addressed by these
regulations.
15. Clean -up: Each permit applicant must clean the location at the end of each day with a minimum
amount of noise and disruption ensuring the area is returned to its original condition. Materials
and debris are not to be washed into storm water catch basins. If catch basins must be cleaned
due to material and debris from the production, it will be at the expense of the permit applicant
or the owner of the address for which the permit was issued.
16. Insurance: All permit applicants for filming in Miami Shores Village shall submit a valid insurance
certificate to the Office of the Village Manager with the permit application. This shall include, at
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a minimum, a certificate of general liability insurance in the amount of $1,000,000 per occurrence
or such higher limits as Miami Shores Village reasonably requires depending on the nature of
filming and all such policies shall show Miami Shores Village as an additional insured and shall
contain an indemnification clause and shall not call into contribution any other insurance available
to Miami Shores Village. In addition, such policies may not be cancelled or amended during the
dates of filming or permit, without the prior written consent of the Office of the Village Manager.
17. Restrictions: The Office of the Village Manager reserves the right to refuse to issue a permit to an
applicant or individual who has failed in the past to adhere to these regulations.
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