O-2019-071
ORDINANCE NO. 2019 -07
2 AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES
3 VILLAGE, FLORIDA, AMENDING ARTICLE IV. COMMERCIAL
4 PHOTOGRAPHY AND FILMING OF THE CODE OF ORDINANCES;
5 ESTABLISHING CRITERIA; PROVIDING FOR SEVERABILITY;
6 PROVIDING FOR CONFLICTS; REPEALING ALL ORDINANCES
7 INCONSISTENT HEREWITH; AND PROVIDING FOR AN EFFECTIVE
8 DATE.
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10 WHEREAS, the Village Council has determined that unregulated commercial film production and
11 photography occurring within the Village may cause a nuisance and pose a threat to public safety;
12 and
13 WHEREAS, the Village Council finds that it is in the best interest of the Village to reasonably
14 regulate commercial filming and photography within the Village in order to protect the health,
15 safety, welfare and well -being of the Village, its residents and the environment; and
16 WHEREAS, The Village Council desires to require all persons or entities seeking to engage in
17 commercial film production or photography within the Village to obtain a Film Permit.
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19 NOW, THEREFORE, BE IT ENACTED BY THE VILLAGE COUNCIL OF MIAMI SHORES
20 VILLAGE, FLORIDA, AS FOLLOWS:
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22 Section 1. Village Code Amended. That the Miami Shores Village Code is hereby amended to
23 repeal Article IV of Chapter 14 in its entirety and replace it with a new Article IV of Chapter 14 as
24 follows:
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26 Article IV. COMMERCIAL PHOTOGRAPHY AND FILMING
27 It is the intention of this section to protect residential areas from undue intrusions associated with
28 commercial photography.
29 Sec. 14 -71 — Permit Required
30 The Village Manager, or the manager's designee, shall have the authority within the Village to
31 issue, modify or revoke permits for commercial picture(s) in accordance with the criteria set forth
32 in Article IV and the most current commercial photography and filming regulations approved from
33 time to time by separate resolution of the Village Council.
34 1. Unlawful without a permit. Except for filming by individuals for personal or educational
35 use, and "professional journalists" collecting, photographing, recording or reporting
36 "news," as such terms are defined in F.S. §90.5015, every person engaging in the
37 business of commercial picture origination of television, films, videos, music videos or
38 advertising, including both motion and still pictures whether on public or private
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property within the Village shall first obtain a Village permit for each day of such
activity.
2. Application needed. Individuals or businesses wishing to conduct film, television, video
and /or still photography projects on public or private property must apply for a permit
in advance of the commencement of such activity.
3. Additional regulations and conditions may be imposed. The Village Manager or the
Manager's designee may impose additional reasonable regulations and conditions
applicable to a specific permit when necessary to ensure the public health, safety and
welfare, and peaceful enjoyment of surrounding residents and businesses, at any time.
4. Display of permit. All permits shall be maintained at the site on which the photography
or filming occurs throughout the duration of the permitted activity and must be
conspicuously displayed at the filming location. Upon the request of any police officer
or code compliance of the Village, the owner, lessee of the property or representative
of the production company shall produce such permit for inspection.
5. Violation action. Any violation of this section may be subject to code enforcement
actions being brought forward. Permit fees shall be doubled for all filming done without
obtaining a permit.
19 Sec. 14 -72 — Issuance of Permit.
20 All permits issued pursuant to this article shall be subject to the commercial photography and
21 filming regulations as approved by the Village Council via resolution.
22 The Village Council may adopt by resolution commercial photography and filming regulations and
23 the Village Manager, or the manager's designee will administer the regulations as they pertain to
24 commercial photography and filming within the Village. The Village Manager may propose
25 amendments to such regulations to the Village Council for approval by resolution.
W:
27 Sec. 14 -73 — Application.
28 All applications for permits under this article shall be received by the Village at three (3) business
29 days prior to the proposed commencement of the activities for which the permit is sought and
30 shall include following:
31 1. An insurance policy binder issued by, or other proof of insurance from, an insurance
32 company licensed to do business in the state with minimum limits for public liability in the
33 amount of $1,000,000 and naming Miami Shores Village as an additional insured party.
34 2. Written permission from the property owner authorizing filming to take place on their
35 property.
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37 Section 2. Conflicting Provisions. Any provisions of the Code of Ordinances of
38 Miami Shores Village, Florida in conflict with the provisions of this ordinance are hereby repealed.
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40 Section 3. Severability. The provisions of this Ordinance are declared to be
41 severable, and if any sentence, section, clause or phrase of this Ordinance shall, for any reason,
42 be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
43 sentences, sections, clauses or phrases of the Ordinance, but they shall remain in effect it being
44 the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
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Section 4. Codification. It is the intention of the Village Council and it is hereby
ordained the provisions of this Ordinance shall become and be made part of the Code of
Ordinances of the Miami Shores Village, Florida, that sections of this Ordinance may be
renumbered or re- lettered to accomplish such intentions, and that the word "Ordinance" shall be
changed to "Section" or other appropriate word.
Section 5. Effective Date. This ordinance shall take effect immediately upon
enactment after second reading.
PASSED and ENACTED this 21St day of May 2019.
First Reading: April 2, 2019
Second Reading: May 21, 2019
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ATTEST=
Yhat -e1y driguez, �Mc
Villag Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Richard Sarafan
Village Attorney
V.
or
FINAL VOTES AT ADOPTION
Council Member Sean Brady
Yes
Council Member Stephen Loffredo
No
Council Member Jonathan Meltz
Yes
Vice -Mayor Alice Burch
Yes
Mayor Crystal Wagar
Yes