2015-16 BILL NO. 2015-16
AN ORDINANCE CREATING A NEW CITY CODE SECTION 1197
PERTAINING TO MOTION PICTURES AND COMMERCIAL PHOTOGRAPHY
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. A new Section 1197 is inserted into the Richfield City Code as
follows:
SECTION 1197 — MOTION PICTURES AND COMMERCIAL PHOTOGRAPHY
1197.01. Purpose and objectives.
The purpose of this Section is to establish standards to protect the health, safety and
the general welfare of the public from the undesirable effects associated with the
filming of motion pictures and other commercial filming or photography.
1197.03. Definitions.
Subdivision. 1. "Commercial photography" means all activities associated with the
production of motion photography or still photography for which a fee is charged for the
use, reproduction or showing of the product of the photography, including, but not
limited to, motion pictures, commercials, advertisements, videos or other similar
products.
1197.05. Permit required; exception.
No person shall engage in commercial photography on any privately-owned property,
publicly-owned property, or public rights-of-way unless a permit has been procured
therefor. Provided, however, no permit shall be required for the following:
Subdivision 1. Commercial photography taking place on private property,
provided that: (a) publicly-owned property or public rights-of-way are not used for
staging, storage or parking vehicles or equipment; (b) the city manager determines
that there will be no disruption to surrounding properties due to noise, traffic, or other
similar issues; and (c) no city staff or resources are being utilized.
Subd. 2. Commercial photography intended only for the use and enjoyment of
those individuals whose person or property are being filmed and for which there is no
commercial value, such as family portraiture and wedding photography.
Subd. 3. Commercial photographers operating as a lawful home occupation.
1197.07. Contents of application.
Subdivision 1. Any person desiring a permit to conduct commercial photography
shall make application on a form provided by the city clerk. The applicant shall set forth:
(a) The name, address and telephone number of the person responsible to fulfill
the obligations of the applicant;
(b) The location of the place where the commercial photography will take place;
(c) Whether the commercial photography involves still photography or motion
photography;
(d) The time and duration of the filming and related activities;
(e) Whether or not artificial lighting will be used;
(f) A description of the equipment that will be used;
(g) A description of proposed parking areas, street and sidewalk closures and
outdoor staging areas;
(h) A description of the proposed use of city equipment and personnel; and
(i) An estimate of personnel and equipment needed for the purpose of crowd
control, security, traffic control and other public safety needs.
1197.09. Fee.
The fee for a permit required by this Section shall be in the amount set forth in Appendix
D. The city may also establish and charge a fee for the rental of city-owned property for
commercial photography. In addition to the permit fee, the applicant shall pay all costs
and expenses incurred by the city in connection with the commercial photography. Such
costs and expenses shall include, but not be limited to, charges for personnel,
equipment and damage to streets and other public property. Based upon the
information contained in the permit application, the applicant shall deposit with the city
clerk a prepayment of the city's estimated costs and expenses. At the conclusion of the
commercial photography, actual costs below or in excess of the estimate will be
refunded by the city or paid by the applicant as the case may be.
1197.11. Review and approval process.
Subdivision 1. Procedure. Applications for permits to allow commercial
photography sessions shall be reviewed and approved as set forth in this subsection
and subsections 1197.13 and 1197.15.
Subd. 2. City manager issuance. The city manager will approve permit
applications for the following:
(a) Commercial photography that does not exceed three consecutive days in
duration. Provided, however, the city manager may issue a commercial
photography permit for up to ten consecutive days in duration, provided that
all photography and artificial lighting takes place indoors and all parking,
storage and staging needs are accommodated on the property subject to the
permit.
(b) Commercial photography in which no outdoor filming or outdoor artificial
lighting takes place before 7:00 a.m. or after 10:00 p.m.; provided, however,
the city manager may authorize outdoor filming and lighting before 7:00 a.m.
and after 10:00 p.m., if owners of all residential properties situated wholly or
partly within 300 feet of the commercial photography location grant written
approval for such activities.
(c) Commercial photography that takes place only on city-owned property.
1197.13. Permit issuance requirements.
Subdivision 1. Notwithstanding subsection 1197.11, subd. 2, the city manager will
I not issue a permit unless the city manager finds that:
(a) The commercial photography will not endanger the public health, safety,
morals or general welfare; and
(b) The commercial photography will not cause undue traffic hazards,
congestion or parking shortages; and
(c) The commercial photography will not create an excessive burden or result in
damage to parks, streets, rights-of-way or other public property; and
(d) No commercial photography permit has been issued during the preceding
180 days for a location within 500 feet of the location described in the
application; provided, however, the city manager may waive this
requirement and issue a new permit if the city manager finds that the
purpose and objectives of this Section will be furthered by the issuance of
the new permit. The city manager may require the applicant to submit
evidence satisfactory to the city manager that demonstrates that properties
located in the vicinity of the location proposed for commercial photography
will not be adversely affected by the issuance of a new permit.
1197.15. Conditions and restrictions on permit holder.
The city manager may impose conditions and restrictions upon the permit holder as
deemed necessary for the protection of the public interest and properties located in the
vicinity and to ensure compliance with the requirements of this Code. The city manager
may require that the applicant submit evidence that a notice describing the proposed
commercial photography, including the proposed dates thereof, has been mailed to all
affected property owners as determined by the city manager. If so required, this notice
shall be mailed following the issuance of the permit but not less than five days prior to
the date the commercial photography will begin.
1197.17. Insurance; indemnity.
The city manager may require the applicant to file with the city clerk a public liability
insurance certificate, issued by an insurance company authorized to do business in the
state. The policy shall insure the applicant and name the city as an insured in the sum
of not less than $1,000,000.00. The applicant shall also defend, indemnify and hold the
city and the city's officials harmless from any loss, cost, damage and expense arising
out of the use of any premises for commercial photography.
1197.19. Bond or letter of credit.
The city manager may require the applicant to post a bond or letter of credit as a
condition to the issuance of a permit. If so required, the applicant shall file with the city
clerk a surety bond that is valid and in force and effect in a sum as determined by the
city manager. At the option of the applicant, a letter of credit or cash deposit may be
used in lieu of the bond. The letter of credit shall be irrevocable and unconditional,
issued by a national or state bank, with its main office located in the Minneapolis-St.
Paul Metropolitan Area, and otherwise shall be on terms approved by the city manager.
The bond or letter of credit shall be conditioned upon compliance by the applicant with
this section and other provisions of this Code and payment to the city of all fees,
expenses, fines and penalties required by this Code or state law and payment to the city
of any damage the city may sustain by reason of such commercial photography.
1197.21. Duties of permit holder.
Every permit holder under this section shall:
(a) Use only designated streets and parking areas;
(b) Promptly restore all public property, streets, sidewalks and rights-of-way to
their original condition or better;
(c) Comply with all conditions and restrictions of the permit; and
(d) Promptly undertake and complete all filming and related activities.
1197.23. Reserved.
Section 2. This Ordinance will be effective in accordance with Section 3.09 of
the City Charter.
Adopted this 8th day of December, 2015.
By: '•r % % %
Y
Debbie Goettel, Mayor
ATTEST. j
By: raf • ; �`�
E izaseth Van o.se, City Clerk
AFFIDAVIT OF PUBLICATION City of Richfield
(Official Publication)
STATE OF MINNESOTA )SS SUMMARY PUBLICATION
COUNTY OF HENNEPIN BILL NO.2015-16
AN ORDINANCE ADOPTING A
NEW SECTION 1197 REQUIRING
Charlene Vold being duly sworn on an oath, PERMITS FOR MOTION
states or affirms that he/she is the Publisher's PICTURE AND COMMERCIAL
Designated Agent of the newspaper(s)known PHOTOGRAPHY EVENTS
as: WITHIN THE CITY
On December 8,2015,the Rich-
field Richfield field City Council adopted an ordi-
nance designated as Bill No.2015-
16,the title of which is stated above.
with the known office of issue being located This summary of the Ordinance is
in the county of: published pursuant to Section 3.12
Or-
HENNEPIN of the Richfield City Charter.The Or-
dinance enacts a new Section 1197
with additional circulation in the counties of: into the City Code that establishes a
HENNEPIN permitting process and associated
and has full knowledge of the facts stated fee for motion picture and com-
mercial photography events within
the City. The Ordinance exempts
(A)The newspaper has complied with all of certain non-commercial events,
the requirements constituting qualifica- such as family wedding photogra-
tion as a qualified newspaper as provided phy sessions from the process, as
by Minn. Stat.§331 A.02. well as other events that are held on
private property and deemed to be
(B)This Public Notice was printed and pub- non-disruptive to the City in terms
lished in said newspaper(s) once each of noise or impact.The Ordinance
week, for 1 successive week(s); the first establishes the criteria and condi-
insertion bein on 12/17/2015 and the last Lions for the application process,
g including any necessary insurance
insertion being on 12/17/2015. and assurances that the public
health, safety and welfare will be
MORTGAGE FORECLOSURE NOTICES preserved.
BE IT FURTHER RESOLVED,that
Pursuant to Minnesota Stat. §580.033 the City Clerk is directed to keep a
relating to the publication of mortgage copy of the Ordinance in her office
foreclosure notices: The newspaper complies at City Hall for public inspection and
with the conditions described in §580.033, ti o post a(2). If the newspaper's a public full place copy in of tho the CityOrdinance for e
subd. 1, clause (1) or(2
( ) period of two weeks.Copies of the
known office of issue is located in a county Ordinance are also available upon
adjoining the county where the mortgaged request by calling 612-861-9738.
premises or some part of the mortgaged Adopted by the City Council of
premises described in the notice are located, 8th City of Richfield,Minns. this
> 8th day of December,2015.
a substantial portion of the newspaper's Is/
circulation is in the latter county. Elizabeth VanHoose,City Clerk
12/17/15,3SC2,
By:
� �al� Bill No.2015-16,486571
�
Designated Agent
Subscribed and sworn to or affirmed before
me on 12/17/2015 by Charlene Vold.
Notary Public
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1Y1pj
e,.tH_ DARLENE MARIE MACPHERSON
1119"1' r' Notary Public-Minnesota
'...��-` My Commission Expires Jan 31,2019
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