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Ordinance No. 16,001 ORDINANCE NO. 16,001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 42 "HEALTH AND SANITATION," ARTICLE II "PUBLIC HEALTH HAZARDS," DIVISION I "GENERALLY," SECTION 42-27 "ADMINISTRATION AND ENFORCEMENT"; CHAPTER 42 "HEALTH AND SANITATION," ARTICLE VI "FILMING REGULATIONS," DIVISION 1 "GENERALLY" SECTION 42-288 THROUGH SECTION 42-303 "OFFENSES AND PENALTIES"; AND CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE II "ADMINISTRATION," DIVISION 2 "ENFORCEMENT," SECTION 94-61 "AUTHORITY AND DUTIES OF DIRECTOR OF PUBLIC WORKS," AND SECTION 94-62 "AUTHORITIES AND DUTIES OF THE POLICE DEPARTMENT" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF. ************************************************************************************* BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: That Chapter 42 "Solid Waste," Article II "Residential Solid Waste," Division 3 "Fees and Charges and Billing Procedure," Section 86-101 "Charge for collection" of the Code of Ordinances, Baytown,Texas, is hereby amended to read as follows: "Chapter 42.—Health and Sanitation ARTICLE II.-PUBLIC HEALTH HAZARDS DIVISION 1.-GENERALLY Sec.42-27.-Administration and enforcement. With the exception of Article VI. Filming Regulations, Sec. 42.288 et. Seq., the fire chief, police chief and the directors of inspection,health and planning and community development are authorized to enforce this article and to make all necessary inspections,to issue citations,to give notice,to file applicable charges and to otherwise cooperate in the enforcement of this article. Concerning the administration and enforcement of Article VI. Filming Regulations, Sec.42.288 et. Seq., the Director of Public Affairs and or his or her designee(s)are authorized to enforce this article and to make all necessary inspections, to issue citations, to give notice, to file applicable charges and to otherwise cooperate in the enforcement of this article." Section 2: That Chapter 42 "Health and Sanitation," Article VI "Filming Regulations," Di\ision I "Generally," Section 42-288 through Section 42-303 "Offenses and Penalties," of the Code of Ordinances, Baytown,Texas, is hereby amended to read as follows: "Chapter 42.—Health and Sanitation ARTICLE V1.—FILMING REGULATIONS DIVISION 1.-GENERALLY Sec.42-288.-Definitions The following words,terms and phrases,when used in this article,shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Affected neighborhood means an area that is located within 200 feet of a proposed film industry production. Affected resident means an owner,tenant or resident of property within an affected neighborhood. Film industf1,production means the creation or production of moving images, including,but not limited to, film, video and digital images, for use in movies, television, commercials, training films, game design, video and digital interactive media, electronic media,or other media format,and related activities that: (1) Are conducted primarily outdoors; and (2) Interfere with the normal flow or regulation of pedestrian or vehicular traffic; or (3) Require special city services, including, but not limited to, street closure, stages, special parking arrangements, special electrical services, special police services or protection, or use of city buildings or property. Film industrl production permit means the written approval from the city manager for film industry production. Producer means a person that has filed a written application for a film industry production permit, or the designated representative of such producer. Sec.42-289.-Applicability. (a) Where provisions of this Code or other city resolutions conflict with the provisions of this article, this article shall take precedence over such provisions. (b) This article applies to requests for commercial use of city-owned property, including, but not limited to, streets, rights-of-way, parks, and public buildings, commercial use of private property which may affect adjacent public or private property, and the use of city equipment and personnel in all types of motion-picture production, including, but not limited to, feature films, television programs, commercials, music videos and corporate films. Sec.42-290.-City manager authority. (a) The city manager may authorize the use of any city trademark, street, right-of-way, park, land, public building, city equipment or personnel for use for film industry production. The city manager shall require that any or all of the conditions or remuneration specified in the film industry production pennit be met as a prerequisite to such use,and may require a security or damage deposit in an amount as determined by the city manager. The city manager reserves the right to impose additional regulations in the interest of public health, safety and welfare,or if otherwise deemed appropriate by the city manager. (b) The city manager may prohibit, or order the cessation of, all film industry production if the city manager determines that such activities are detrimental to the public health,safety and welfare. 2 (c) City personnel may inspect all structures,devices and equipment to be used in connection with film industry production at all times, as directed by the city manager. Sec.42-291.—Administration and Enforcement of Article Vl.—Filming Regulations. The Director of Public Affairs and/or his or her designee(s), are authorized to enforce this article and to make all necessary inspections,to issue citations,to give notice,to file applicable charges and to otherwise cooperate in the enforcement of this article. It is also the duties of the Director of Public Affairs and/or his or her designee(s) to carry out any additional duties imposed by Article 42. Health and Sanitation, including but not limited to Articles V. - Live Outdoor Exhibitions and Article VI. - Filming Regulations. Sec.42-292.—Penalty for violation. Any person who shall violate this article shall,upon conviction,be punished as provided in section 1-14. Sec.42-293.-Permit requirements. (a) Before filing an application for a film industry production permit, the person seeking such permit must contact the Public Affairs Department to discuss the specific requirements and feasibility of filming in the city for such film industry production. (b) An application for a film industry production permit is required if you meet the following minimum qualifications: (i) The filming involves ten (10) or more production crew members (in this instance, the definition of production crew members includes everyone involved in the filming event, including but not limited to actors, camera operators, directors, boom operators, gaffers, grips, extras, production designers, script supervisors,and anyone involved in the filming and the public inconvenienced by the filming); (ii) Public facilities are involved or impacted, including a city street,building,right-of-way or park in the city; and (iii) The filming event will cause a disruption to the public's use of the public facilities outlined in subsection(ii);or cause a disruption or threat to the best interest of public safety,health and welfare of the citizens of Baytown. (c) A person seeking a film industry production permit shall file an application with the city upon forms provided by the city. Such application must be submitted a minimum of fifteen(15) days before the commencement of filming or any substantial activity related to the film industry production. (d) If an applicant intends to conduct film industry production at more than one location or on more than one date,all such locations and dates must be indicated in the application for a film industry production permit and such permit shall apply only to the dates and locations so indicated. (e) An application for a film industry production permit shall include the following: (1) Insurance; (2) Production schedule and activities, including dates and locations; 3 (3) Estimated budget outlining local expenditures; (4) A map of anticipated street closure(s)or other public areas; (5) A map depicting parking areas to be used, including, but not limited to, on-street parking or use of public parking lots; (6) A report listing the number of vehicles and types of equipment to be used during film industry production, including proposed hours of use and proposed parking locations; (7) A report indicating the proposed use of exterior lighting, power generators, or any other equipment that produces noise or light; (8) A report noting the comments of affected residents and addresses and telephone numbers of the affected residents; and (9) Any other information requested by the city. (f) After issuance of a film industry production permit, a pre-filming meeting is required between at least one representative of the film industry production and applicable city personnel, including but not limited to the chief of police,chief of fire,and the city manager. (g) If the film industry production involves less than ten (10) production crew as defined above, then a pre-filming meeting is still required between at least one representative of the film industry production and applicable city personnel, including but not limited to the chief of police, chief of fire, and the city manager. After the pre-filming meeting, the Public Affairs Department will issue a letter of approval to conduct film industry production within the city limits for less than ten(10)production crew. Sec.42-294.-Use of city property and personnel. (a) The city manager shall require a permit for the use of any city street, right-of-way, park, land, public building, city equipment or personnel for use for film industry production. (b) The city manager shall have the authority to stipulate additional fire or police requirements, and level of staffing for same,at any time during a film industry production if it is determined to be in the best interest of public safety, health and welfare,which cost shall be borne by the applicant. (c) The city shall have full control over city property used for film industry production, as well as control over the hours and general location of film industry production. (d) The producer shall submit any scheduling or location changes impacting a city street, building, right-of-way or park in the city before 12 hours of use. (e) Requests for the closure of a state-maintained street,which generally require a 30-day notice,shall be submitted to the state. (f) The producer agrees that the city shall have full control over the use of its name, trademark, logo, public streets and buildings while any are being used, as well as control over the hours of production and the general location of the production. The city manager reserves the full and absolute right to prohibit all filming or to order cessation of filming activity if it is determined to be hazardous to the public health, safety and welfare. 4 Sec.42-295.- Use of private property. Film industry production on all property not owned by the city will require an approval letter from the applicable property owner. Such letter shall be submitted to the city before the commencement of filming and kept on site with the filming crew. Sec.42-296.-Hours of production activities. (a) Except as provided herein in subsection(b),film industry production is limited to Monday through Sunday: 7:00 a.m. to 9:00 p.m. (b) The city manager may authorize, in writing, a variance from the hours above only if the producer has provided notice of such hours to the affected residents and for good cause, as determined by the city manager. Sec.42-297.-Notification to affected residents. The producer shall provide a written description and a schedule of the film industry production to the affected residents. Such notification shall include a description of the film industry production activities that may impact an affected neighborhood. Sec.42-298.-Insurance; liability and indemnity. (a) The producer shall attach to the application for a film industry production permit a certificate of insurance, naming the city as an additional insured, in an amount not less than $2,000,000.00 general liability, including bodily injury and property damage with a $1,000,000.00 umbrella and automobile liability, if applicable, in an amount not less than $1,000,000.00, including bodily injury and property damage. (b) The producer shall pay in full,promptly upon receipt of an invoice, the costs of repair for any and all damage to public or private property,resulting from,or in connection with,the film industry production, and restore the property to its original condition prior to the production,or to better than original condition. (c) Film industry production permit holders are responsible for cleanup of all debris connected with their activities, including, but, not limited to, booths, tents, electrical cords, portable toilets, and trash or anything else related to filming. Failure to comply and property cleanup will be documented and could result in immediate denial of future application requests and the loss of deposits. Sec.42-299.-Agreement required. If a film industry production requires the use of any city property, equipment or personnel, the producer shall enter into an agreement with the city regarding such use and any other matters pertaining to the film industry production. Such agreement shall: (a) Provide that the producer indemnifies and holds harmless the city, its officers, employees, agents, and representatives against all claims of liability and causes of action resulting from injury or damage to persons or property arising out of the film industry production; and 5 (b) Provide that the applicant agrees that the city shall have full control over the use of public streets and buildings of the city while being used, as well as control over the hours of production and the general location of the production. Sec.42-300.-Denial of a permit application. The city manager may deny an application for a film industry production permit if: (1) The film industry production will conflict in time and location with another film industry production,special event,parade or assembly for which a permit has already been granted; (2) The applicant fails to comply with, or the film industry production will violate, an ordinance of the city or any other applicable law; (3) The applicant makes or permits the making of a false or misleading statement or omission of on an application for a film industry production permit; (4) The applicant has been convicted of violating this article, has had a film industry production permit revoked within the preceding 24 months, or has failed to pay any additional costs assessed by the city for a previous film industry production within the previous two years; (5) The applicant fails to provide proof of a license or permit required by this article or another city ordinance or by state law; (6) The film industry production, in the opinion of the city manager, would unduly hinder or compromise the delivery or performance of normal services, including previously scheduled construction or maintenance services, or emergency services, or constitutes a public threat; (7) The applicant is unable or unwilling to provide any required insurance or surety bonds that may be required under this article; (8) The applicant fails to submit a complete application or fails to provide any additional information requested by the city manager; (9) The proposed date or time for the film industry production or the location of the film industry production or parking for such film industry production would unduly interfere or disrupt the educational activities of a school when such school is in session; or (10) The city manager determines,in his sole discretion,that the film industry production would be detrimental to the health, safety and welfare of the citizens in the City of Baytown , Texas for any reason. Sec.42-301.-Revocation of a film industry production permit. A film industry production permit shall be revoked upon any of the following conditions: (1) In the event that the city manager finds that any of the provisions of this article, another city ordinance,or state law is being violated; 6 (2) When, in the judgment of the city manager, a violation exists which requires immediate abatement; (3) The applicant made or permitted to be made a false or misleading statement or omission on an application for a film industry production permit;or (4) In the event that the city manager finds that prohibiting all filming or to ordering cessation of filming activity is determined to be hazardous to the public health, safety and welfare. Sec.42-302.—Approval and Adoption of the Regulatory Guidelines for Filming in Baytown,Texas. Attached and incorporated by reference as if fully set forth herein as Appendix A, is the Regulatory Guidelines for Filming in Baytown, Texas ("Guidelines"). The Guidelines are hereby adopted and authorized to be used to apply to the Texas Film Commission to become a Film Friendly Certified Community. Sec.42-303.-Offenses and penalty. A person commits an offense if the person commences or conducts a film industry production without a film industry production permit or with a film industry production permit that has expired or been revoked. Section 3: That Chapter 94 "Traffic and Vehicles," Article 11 "Administration," Division 2 "Enforcement," Section 94-61 "Authority and Duties of Director of Public Works," and Section 94-62 "Authorities and Duties of the Police Department"of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows: ,,CHAPTER 94. TRAFFIC AND VEHICLES ARTICLE H. ADMINISTRATION DIVISION 2.-ENFORCEMENT Sec. 94-61.-Authority and duties of director of public works. It shall be the duty of the director of public works to: (1) Conduct or cause to be conducted investigations based upon engineering traffic considerations in order to recommend: a. Maximum prima facie speed limits; b. Installation, maintenance or removal of traffic control duties; C. Plans for street and public traffic area traffic flow; and d. Remedial measures to prevent traffic accidents; (2) Make temporary or experimental traffic regulations for emergencies, special conditions or investigations,with the approval of the city manager,to remain effective not to exceed 90 days; (3) Install, maintain or remove traffic control devices and otherwise implement traffic plans pursuant to ordinances; 7 (4) Cooperate with other city officials in the improvement of traffic conditions and traffic safety; (5) Carry out any additional duties imposed by Article 42. -- Health and Sanitation, including but not limited to Articles V. -Live Outdoor Exhibitions and Article VI. - Filming Regulations; and (6) Carry out any additional duties imposed by ordinance. Sec.94-62.-Authority and duties of police department. It shall be the duty of the police department and it is authorized to enforce this chapter, as well as all applicable state laws,and to cooperate with other city officials to promote traffic safety. It is also the duty of the police department to carry out any additional duties imposed by Article 42. -Health and Sanitation, including but not limited to Articles V. - Live Outdoor Exhibitions and Article VI. Filming Regulations" Section 4: All ordinances or parts of ordinances inconsistent with the terns of this ordinance are hereby repealed; provided,however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 5: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of the ordinance or the application of same to any person or the set of circumstances shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances; and to this end, all provisions of this ordinance are declared to be severable. Section 6: Any person who fails to comply with any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine in an amount of not more than FIVE HUNDRED AND NO 100 DOLLARS($500.00). Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above, the City may pursue other remedies such as abatement of nuisances, injunctive relief, administrative adjudication and revocation of licenses or pen-nits. Section 7: This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10) days after passage of this ordinance. INTRODUCED, READ, AND PASSED by the affirmative vote of the City Council of the City of Baytown, this the 19'day of November, 2024. ' gaYTO►/ �'G�o.aaa��eso4,��w DON CAPETI O, Ma r � e o EST �YIS V cA' { O 0 90 A GEL JACK OF \: 8 APPROVED A!!50RM: SCOTT L MO D, City Atiorn VOrdinances and Resolutions%.Ordinance Drafts%2024-11-19,.Ordinance Amending Art.42 Health and Sanitation and Art.94 Traffic and Vehicles.docx