HomeMy WebLinkAboutOrdinance_14-25_1/8/2026 ORDINANCE NO. 14-25
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING, ARTICLE IX.-
SUPPLEMENTAL REGULATIONS. BY CREATING AN ENTIRELY NEW
DIVISION TO BE ENTITLED "DIVISION 8.5. — FILMING OPERATIONS" TO
ADOPT REASONABLE REGULATIONS COMMON IN MANY NEIGHBORING
JURISDICTIONS FOR COMMERCIAL FILMMAKING, VIDEOTAPING AND
PHOTOGRAPHY; PROVIDING DEFINITIONS, PROVIDING EXCEPTIONS,
PROVIDING A PERMITTING PROCESS, AND PROVIDING PENALTIES FOR
VIOLATIONS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND
SUBSECTION OF CHAPTER 78. ZONING. SHALL REMAIN IN FULL FORCE
AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS
CLAUSE; A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE;AND FOR OTHER PURPOSES.
WHEREAS, from time to time the Village of Tequesta is approached by commercial
filmmaking or photography operations for permission to utilize public places in the Village to
conduct such activities; and
WHEREAS, the Village of Tequesta currently has no regulations to apply to such
activities, and instead has utilized its special event permitting process to regulate such
activities when necessary; and
WHEREAS, the Village of Tequesta desires to adopt "best practice" regulations
common in neighboring jurisdictions to regulate such activities on a going forward basis,
including definitions, exceptions, a permitting process, and the provision of penalties for
violations; and
WHEREAS, the Village Council of the Village of Tequesta finds the adoption of this
ordinance to establish procedures for permitting commercial filmmaking, videotaping and
photography on public property in the Village to be in the best interests of the Village and
finds that this ordinance will generally promote the public health, safety and welfare of the
Village.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF TEQUESTA, FLORIDA,THAT:
Section 1: Chapter 78 - Zoning, Article IX.- Supplemental Regulations, of the
Code of Ordinances of the Village of Tequesta is hereby amended to create an entirely new
Division 8.5. - Filming Operations. Division 8.5. - Filming Operations shall hereafter be
created to read as follows:
CHAPTER 78. -ZONING
ARTICLE IX. -SUPPLEMENTAL REGULATIONS
DIVISION 8.5. - FILMING OPERATIONS
Sec. 78-565. - Purpose.
The purpose of this article is to regulate the activities of commercial filmmaking,
videotaping, and photography that will take place on or that are anticipated to affect public
places in the Village of Tequesta including but not limited to roads, sidewalks, parks,
beaches, and public buildings, or that are anticipated to have an impact on the provision of
Village provided services.
This article does not regulate the activities of commercial filmmaking, videotaping, and
photography when such activity will take place wholly on private property with no expected
impact to public places in the Village or to the provision of Village provided services.
Sec. 78-566. - 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:
Applicant means an individual, firm, partnership, corporation, company, or other legal
entity that has submitted an application for a Filming Permit under this article. An Applicant
becomes a Permittee upon the Village's issuance of a Filming Permit.
Camera means any device used to produce theatrical motion pictures, television
entertainment motion pictures, industrial motion pictures, television commercials, still
photography, or any other photography, regardless of medium. Camera shall include(but not
be limited to) aerial filming or photography devices.
Filming Operations means activities necessary to create still, live, or motion pictures,
whether made with a camera on or by film, electronic tape, aerial filming or photography
device,or any other electronic device used to produce theatrical motion pictures,television
entertainment motion pictures, industrial motion pictures, television commercials, still
photography, or any other photography, regardless of medium, for use in any print or
electronic media. Filming Operations shall include (but not be limited to) the erection,
dismantling, and transportation of cameras and other equipment intended to be utilized for
said activities. Filming operations shall also include (but not be limited to) set construction,
actual filming, rehearsals, and set teardown.
Filming Permit means the permit required bythis article for an Applicant wishing to conduct
Filming Operations (as defined above):
(1) On Village Property, or
(2) Affecting Village Property or the use thereof, or
(3) Impacting the provision of Village Provided Services.
Permittee means any Applicant to whom a Filming Permit is issued by the Village under this
article.
Village Property means any real or tangible property owned or controlled by the Village
including, but not limited to any public roads, sidewalks, parks, beaches, or public
buildings.
Village Provided Services means law enforcement, fire rescue, parks and recreation,
general municipal, and water, sewer, drainage and other utility services.
Sec. 78-567. - Penalty for violations.
Persons or other entities found to be in violation of any provision of this article may be
subject to penalties provided by law for the violation of municipal ordinances or,
alternatively, may be subject to the jurisdiction of the Village's code enforcement special
magistrate or citation process. Nothing in this section shall prevent the Village from seeking
civil injunctive relief. Any person, organization, corporation, agency, or entity that conducts
Filming Operations without having first obtained a valid Filming Permit shall be assessed a
penalty, in accordance with the fee schedule adopted by the Village Council as may be
amended from time to time.
Sec. 78-568. -Waiver of provisions.
The Village Manager may in his or her discretion, and upon good cause shown, waive any
requirements of this article.
Secs.78-569—78-570. - Reserved.
DIVISION 2.- FILMING PERMITS
Sec. 78-571. - Required.
Persons or other entities wishing to conduct Filming Operations on Village Property, or
wishing to conduct Filming Operations that are anticipated to affect Village Property or the
use thereof, or impact the provision of Village Provided Services must apply in advance to
the Village and obtain a Filming Permit for that activity from the Village Manager. It is the
responsibility of the Permittee to assure that the Filming Permit is present at all times at the
site of the Filming Operations. Filming Permits are non-transferrable.
Sec. 78-572.—Certain activities exempt.
The following activities are specifically exempted from the provisions of this article; however,
such exempt activities must also be in full compliance with all other applicable ordinances,
Laws, rules, regulations, and court orders, including, but not limited to, such laws, rules, etc.
regulating motor vehicles and traffic, rights-of-way, parking, noise, common law and
statutory nuisance offenses, mobile food vendors, environmental protection in general and
stormwater management, sensitive land management, mangrove protection and water
control and protection in particular:
(1) Personal/family use: Persons conducting Filming Operations exclusively for their
own individual or family use when such Filming Operations last for no longer than two
hours (including any setup and breakdown), involve the participation of no more than
10 individuals, and such individuals:
a. Are using only hand-held cameras, hand-held props, and/or hand-held
equipment, and
b. Are not asserting exclusive use of Village owned or controlled property;are not
using prop vehicles, weapons, pyrotechnics, or animals (personally owned
domesticated household pets as defined in Chapter 10 of the Village's Code
of Ordinances are permitted); are not using actors costumed as first
responders or law enforcement personnel;are not using language or behavior
Likely to incite violence or panic; and are not violating or simulating violations
of any laws, rules, etc.
(2) Educational use: Bona fide students and/or faculty conducting Filming Operations
exclusively for educational purposes, when such Filming Operations are at all times
supervised and managed by one or more faculty members from the educational
institution, and the students and faculty members:
a. Are using only hand-held cameras, hand-held props, and/or hand-held
equipment, and
b. Are not asserting exclusive use of Village owned or controlled property;are not
using prop vehicles, weapons, pyrotechnics, or animals (personally owned
domesticated household pets as defined in Chapter 10 of the Village's Code
of Ordinances are permitted); are not using actors costumed as first
responders or law enforcement personnel;are not using language or behavior
Likely to incite violence or panic; and are not violating or simulating violations
of any laws, rules, etc.
(3) News media use: Employees of print or electronic news media when conducting
Filming Operations of ongoing news events, although this exemption shall not apply
to simulations or reenactments orchestrated by print or electronic news media, or to
any scripted content.
(4) Law enforcement and regulatory use: Agents or other authorized representatives of
Village, state, or federal law enforcement or regulatory agencies conducting Filming
Operations for official and authorized law enforcement or regulatory purposes.
Filming Operations conducted pursuant to this exemption shall be coordinated
through the Village's Police Department and Village Manager.
Sec. 78-573. -Application.
(1) Required. A completed Filming Permit application must be submitted by the
Applicant to the Village no less than 30 business days prior to the date the proposed
Filming Operations are to commence.
(2) Filing and changes to approved permit. In orderto be considered complete, a Filming
Permit application must be filled out in full, and must include all required certificates
of insurance, fees, indemnification and hold harmless agreements, and all other
information reasonably requested by the Village relating to the proposed Filming
Operations. Only Filming Activities approved in the Filming Permit may be
conducted. If any modification to the approved Filming Activities is required by the
Permittee, such modifications must be applied for in writing, and must be approved
by the Village Manager prior to any modified Filming Activity taking place.
(3) Certificates of insurance. The Applicant shall provide at its own cost and expense
comprehensive general liability insurance coverage endorsing the Village as an
additional insured with limits of liability not less than $5,000,000.00 per occurrence.
All required insurance policies shall provide a waiver of subrogation and rights of
(4) Recovery against the Village, including its agents, officers, past and present
employees, elected officials,and representatives.The insurance policy in effect shall
protect both parties and be primary and non-contributory for any and all losses
covered by the above-described insurance. Insurers have no recourse against the
Village for payment or assessments in any form on any insurance policy. When an
aircraft isto be involved in anyfilming,the applicantwill be required to obtain aviation
coverage with limits of liability not less than $10,000,000.00 per occurrence. If any
watercraft is to be involved in filming, marine coverage is required with limits of
Liability not less than $10,000,000.00 per occurrence. The Village council may
increase the limits of liability and request additional coverages as necessary upon the
recommendation of the Village Manager or Chief of Police.
(5) Fees. The Applicant shall payto the Village an administrative processing fee and daily
filming operations fee, in accordance with the fee schedule adopted by the Village
Council by resolution as may be amended from time to time.
Sec. 78-574.—Conditions precedent to permit issuance; standard permit conditions.
(1) Prior to a Filming Permit being granted,the following shall be satisfied:
a. Hold harmless agreement: The Applicant/Permittee shall execute a hold
harmless agreement in favor of the Village. Such hold harmless agreement
shall release and forever discharge the Village and agree to indemnify, defend,
and hold free and harmless the Village and its agents, employees, elected
officials, and representatives from and against any and all claims, losses,
penalties, damages, settlements, costs, charges, attorneys' or other
professional fees, or other professional fees, or other expenses or liabilities of
every kind and character arising out of or relating to any and all claims for
bodily injury, including death in connection with or arising directly or indirectly
out of the Filming Operations of the Applicant/Permittee or its agents,
representatives or employees within the Village.The hold harmless agreement
shall be executed by the individual(s) or entity(ies) capable financially and
otherwise of honoring the terms thereof, and the agreement shall be in a
manner and form acceptable of the Village and deemed to provide the
protection necessary to the Village as intended by this section.
b. Indemnification:To the fullest extent allowed by law, the Applicant/Permittee
shall protect, defend, reimburse, indemnify, and hold free and harmless the
Village and the Village's agents, employees, elected officials, and
representatives from and against any and all claims, losses, penalties,
damages, settlements, costs, charges, attorneys' or other professional fees,
or other expenses or liabilities of every kind and character arising out of or
relating to any and all claims, liens, demands, obligations, actions,
proceedings, and cause or causes of action of every kind and character in
connection with, arising directly or indirectly out of, or related to the
Applicant/Permittee and the Filming Operations performed under the Filming
Permit application. Without limiting the generality of the foregoing, the
Applicant/Permittee's indemnity shall include all claims, damages, losses, or
expenses arising out of or relating to personal injury, death, property damage,
defects in materials or workmanship, actual or alleged infringement of any
patent, trademark, copyright, proprietary information, or applications of any
thereof, or any other tangible or intangible personal or property right or any
actual or alleged violation of any applicable statute, ordinance, administrative
order, rule, or regulation, or any order of any court. The Applicant/Permittee
shall agree to investigate, respond, adjust, and provide a defense for all and
any such claims, demands, and actions at the applicant's sole expense and
agrees to bear and remain liable for all such other costs and expenses relating
thereto,even if such claim is groundless,false, orfraudulent. Notwithstanding
the foregoing, the Applicant/Permittee's indemnity shall not extend to liability
for damages to persons or property to the extent such damage was caused by
any act, omission, or default of the Village, or by the Village's officers, agents,
or employees. The Applicant/Permittee shall acknowledge and agree that the
Village would not under any circumstances issue a Filming Permit without this
indemnification of the Village by the applicant and that the Village's issuance
of a Filming Permit shall constitute good and sufficient consideration for this
indemnification. These provisions shall survive the expiration or earlier
termination of the Filming Permit application. Nothing in this agreement shall
be construed to affect in any way the Village's rights, privileges, and
immunities as set forth in Sec. 768.28, Florida Statutes as that law may be
amended from time to time.
c. Deposit for extraordinary services:The Applicant/Permittee shall deposit with
the Village an amount determined by the Village Manager, to compensate the
Village for any extraordinary services required to be provided by the Village for
purposes of carrying on the Filming Operations to be conducted pursuant to
the terms of the Filming Permit or any modification made to the Filming Permit.
(2) The following are required conditions to be included in all Filming Permits:
a. Time limitations: In no event shall any Filming Operations authorized pursuant
to the terms of any Filming Permit be conducted prior to 9:00 a.m. on any given
day, or between the hours of 3:00 p.m. and 5:00 p.m. on any given day. Dates
upon which Filming Operations are allowed pursuant to any particular Filming
Permit shall be subject to the approval of the Village Manager.
b. Maintenance of traffic plan: In the event that any particular Filming Permit
authorizes Filming Operations that are anticipated to interfere with the normal
flow of pedestrian, bicycle, orvehicular traffic on or in any Village right-of-way,
the Applicant/Permittee shall provide a maintenance of traffic plan which
must be approved prior to the start of Filming Operations by the Village
Manager, Fire Chief and Police Chief.
c. Compliance with laws: the Applicant/Permittee shall agree that all Filming
Operations will comply with all Filming Permit requirements and conditions,
and also be in full compliance with all other applicable ordinances, laws,
rules, regulations, and court orders, including, but not limited to, such laws,
rules, etc. regulating motor vehicles and traffic, rights-of-way, parking, noise,
common law and statutory nuisance offenses, mobile food vendors,
environmental protection in general and stormwater management, sensitive
Land management, mangrove protection and water control and protection in
particular.
(3) In addition to any other Filming Permit conditions, the Village may place additional
conditions on Filming Operations if deemed necessary by the Village Manager to
protect the public health or safety or the general welfare of the community, its
citizenry, and/orthe environment of the Village, orto prevent a public nuisance. Such
conditions may include, but are not limited to, requiringthe use of police,fire, and/or
other Village personnel, at the sole cost and expense of the Applicant/Permittee,
during Filming Operations; and/or limiting the total number of days or any
consecutive number of days that Filming Operations may take place.
Sec. 78-575.—Review and approval; revocation; appeal.
(1) Every application for a Filming Permit shall be processed through the Village
Manager's Office.
(2) The Village Manager or designee shall review the complete application for a Filming
Permit. Upon completion of this review, the Village Manager or designee shall either
approve the application for a Filming Permit as presented,approve the application for
a Filming Permit with conditions intended to mitigate any anticipated adverse
impacts caused by the proposed Filming Operations, or deny the application for a
Filming Permit.
(3) The Village Manager may deny an application for a Filming Permit for any of the
following reasons:
a. The proposed Filming Operations will pose an unreasonably negative impact
Non the health, safety, or welfare of the Village or its residents or visitors.
b. The proposed Filming Operations will impose an unreasonable burden on
Village staff,the staff of other governmental agencies,or upon Village Property
or Village Provided Services.
c.The proposed Filming Operations will unreasonably deprive Village residents or
visitors of the use of Village Property or Village Provided Services for an
extended period of time.
d. The proposed Filming Operations would violate any ordinance of the Village, or
any other government agency's law, rule, or regulation.
e. The Applicant has made a material misrepresentation in the Filming Permit
application.
f. The proposed Filming Operations will create a public nuisance.
g. The Applicant has violated any conditions of a previously issued Filming Permit,
or has, in any circumstance, previously violated any ordinance, rule,
regulation, law, or court order in the Village.
h. The Applicant has previously conducted Filming Operations in the Village
without receiving a Filming Permit when a Filming Permit was required.
(4)The Village Manager orthe Police Chief may revoke a Filming Permit and thereby cause
all Filming Operations to immediately cease upon violation of any Filming Permit
requirement, or the terms of this article.
(5) If a Filming Permit is revoked by the Village Manager or Police Chief, the Permittee
may appeal the revocation to the Village Council.The appeal must be filed within 10
business days of the revocation and must include payment of the associated appeal
fee in accordance with the fee schedule adopted by the Village council by resolution
as may be amended from time to time. The appealwill be heard bythe Village Council
at the next available Village Council meeting.
Section 2: Each and every other section and subsection of Chapter 78. Zoning.
shall remain in full force and effect as previously adopted.
Section 3: All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
Section 4: Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the remainder of this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall take effect immediate)Y upon u adoption.
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ORDINANCE DATE
14-25 01/08/26
MOTION Council Member Patrick Painter SECOND Council Member Jayson E. French
FOR AGAINST ABSENT CONFLICT
Mayor Molly Young ❑✓ 1:1 ❑ ❑
Vice-Mayor Rick Sartory ❑✓ ❑ ❑
Council Member Laurie Brandon ❑ ❑
Council Member Patrick Painter ❑
Council Member Jayson E. French ❑ ❑
The Mayor thereupon declared the Ordinance duly passed and adopted.
MAYOR OF TEQUESTA:
Molly Youn Or-
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Lori McWilliams, MMC
Village Clerk