(a)

This Chapter sets forth rules and regulations to govern and authorize individuals and film companies to conduct filming activities in the City of Flowery Branch without unreasonably impacting the peace and comfort of the residents of the community; to assure that such activities are consistent with considerations of the public health, safety, and general welfare; to ensure the protection of property; and to provide a streamlined process for issuing film production permits. The requirements provided in this Chapter shall be separate and in addition to those provisions of the City of Flowery Branch Business License Code, and/or other codes adopted by reference, regarding business regulation and licensing.

(b)

The purpose of this chapter is to regulate filming and recording activity within the City of Flowery Branch in order to protect the public health, safety, and welfare.

(Ord. No. 542, Exh. A, 3-1-2018)

(a)

Business License Office shall mean the Flowery Branch Business License Office, which for purposes of this Chapter shall be considered an agent of the Flowery Branch City Council.

(b)

Camera Ready Liaison shall mean the designated staff person of the Lake Lanier Convention and Visitors Bureau, Inc. who serves as the Camera-Ready Liaison for the Georgia Film Office.

(c)

Chief shall mean the serving Chief of the City of flowery Branch or his/her designee.

(d)

Fire Marshall shall mean the serving Fire Marshall of Hall County or his/her designee.

(e)

Engineering shall mean the designated staff person from the Flowery Branch City Engineer's office or engineering firm designated to represent the City of Flowery Branch.

(f)

Planning and Community Development shall mean the Flowery Branch staff person from the City of flowery Branch Planning and Community Development department.

(g)

Municipalities shall mean duly constituted cities located in whole or part within Hall County.

(h)

News Purposes shall mean filming, videoing, or otherwise recording news events for television, radio, or internet newscasting by reporters, photographers, audio technicians, camera persons in the employ of a newspaper, news service, or similar entity where the event is not preplanned, and the film or tape is originally broadcast within twenty-four (24) hours of the event, not including magazine or documentary programs.

(i)

Filming Activity shall mean the staging, shooting, filming, videoing, photographing, or other similar process conducted for the making of still photographs, motion pictures, television programs, music videos, commercials, and other commercial and non-theatrical productions.

(j)

Studio shall mean a fixed place of business where filming activities are regularly conducted on the premises.

(k)

Film Permit shall mean the written authorization from the City of Flowery Branch Business Office to conduct the filming activity outlined in the permit.

(Ord. No. 542, Exh. A, 3-1-2018)

Except as otherwise provided in section 51-4, it shall be unlawful for any person to engage in filming activity as defined in section 51-1 any place in the city limits of Flowery Branch, other than an established studio as defined in section 51-1 or within an enclosed structure, without a City of Flowery Branch film permit.

(Ord. No. 542, Exh. A, 3-1-2018)

The following are not required to obtain a permit:

(a)

Noncommercial filming or videotaping activities conducted solely for private or family use;

(b)

Film activity conducted for use in a criminal investigation or civil or criminal court proceeding;

(c)

Film activity conducted for news purposes as defined in section 51.2;

(d)

Film activity conducted for education, government, and public access and local origination for public television or public cable or public internet channels within the State of Georgia;

(e)

Non-profit 501c tax exempt organizations and other governmental agencies if their film project is not for commercial use;

(f)

Any film activity deemed by the City Council of Flowery Branch to be in the public interest.

Nothing in this chapter shall limit the right of the City to suspend film activity otherwise excepted when deemed necessary for the protection of the public health, safety and general welfare, or when such activity poses an immediate hazard to persons and/or property.

(Ord. No. 542, Exh. A, 3-1-2018)

(a)

Before granting a film permit, the Business Office shall review the application and shall consult with all relevant City and County officials as deemed necessary to ensure the health and safety of the citizenry of Flowery Branch.

(b)

Conditions deemed necessary by the Business Office to ensure the health, safety, and general wellbeing of the general public may be placed on any film permit. Conditions may include (but are not limited to) the following:

1.

Requirements regarding the presence of government employees, such as police or fire at the permittee's expense;

2.

Requirements regarding traffic control, such as the placement of traffic control devices and signs at the permittee's expense;

3.

Requirements regarding clean up and restoration of property used in the film activity at the permittee's expense;

4.

Restrictions regarding the use of firearms and noise creating and/or hazardous devices;

5.

Restrictions regarding stunts involving the use of pyrotechnics, vehicle crashes, and other hazardous activities and/or materials;

6.

Requirements regarding partial or full nudity in public places;

7.

Restrictions regarding the time of the film activity;

8.

Requirements regarding the notification to nearby businesses and/or residences.

(Ord. No. 542, Exh. A, 3-1-2018)

The fee for permits issued pursuant to the chapter shall be an application fee of $100.00 and a permitting fee of $100.00 per day or as may be adjusted from time to time considering the duration and scope of any particular project. The applicant shall pay such fee upon delivery of the application to the Business Office. The estimated cost of reimbursement for government personnel and equipment shall be paid at the time of permit issuance. Should the actual cost of governmental personnel and equipment exceed the estimated cost, the permit holder may be invoiced for the difference.

(Ord. No. 542, Exh. A, 3-1-2018)

The applicant shall provide the business Office with evidence of insurance for general liability and covering any liability of the permittee, permittee's lessees, and any State or local government authorities. The insurance policy shall be in an amount not less than one million dollars or such higher amount as determined by the Business Office to be appropriate to protect against foreseeable risks for bodily and personal injury liability and property damage arising from or in connection with the film activity.

(Ord. No. 542, Exh. A, 3-1-2018)

The permittee shall hold harmless, indemnify, and defend all State and local governments and their officers, employees, and agents from and against any and all losses, claims, or judgements for damages to any person or property arising from the film activity or issuance of the film permittee.

(Ord. No. 542, Exh. A, 3-1-2018)

The Business Office may revoke the film permit if the permittee, or any agents, employees, volunteers, or contractors of the permittee fail to comply with the permit conditions and requirements, or if it is determined after issuance that the permit application is false or inaccurate in any way. The Business Office shall provide the permittee with the grounds for revocation in writing or via e-mail within a reasonable time of determining the basis for revocation.

(Ord. No. 542, Exh. A, 3-1-2018)

Any permit issued shall be subject to immediate suspension by the Business Office if it is found necessary for the protection of the public health, safety, or general welfare.

(Ord. No. 542, Exh. A, 3-1-2018)

The applicant or permittee may appeal a permit denial, revocation, or suspension. The appeal shall be filed with the Business Office and shall be no later than five business days prior to the next officially scheduled City Council meeting. The appeal shall be heard by the City Council and their decision shall be final.

(Ord. No. 542, Exh. A, 3-1-2018)

The granting of a permit does not absolve the permittee or its agents from complying with all Federal, State, and local laws, other than for conduct expressly described in the application and not subject to a condition or requirement of the permit. For example, the permit may allow stunts that include speeding on a roadway that would otherwise be illegal.

(Ord. No. 542, Exh. A, 3-1-2018)