Changes are coming to a town law that regulates commercial film production on the island.
At its meeting Sept. 10, the Town Council provided recommendations to the town staff on the types of filming operations it would prohibit and permit in a new ordinance that is under development.
At the council members’ direction, the town staff has been working with legal counsel to conduct a review of film-permit ordinances from other municipalities to draft a rewrite of the existing “Commercial Motion Picture Making” ordinance, which most recently was amended in November.
Related:From the archives: Palm Beach says no to a movie at Trump’s Mar-a-Lago
Council members agreed that a rewrite is needed, with some saying current rules don’t go far enough to protect access to public property, public services and public rights of way, or limit the disruptions caused by commercial film projects within the town.
The town’s current ordinance permits filming in its commercially zoned districts outside of season, or from April 16 through Nov. 14.
“The bulk of our public spaces — we tend to talk about passive use and quiet use in those — I think just having some ground rules that protect them as kind of tranquil places is important,” council member Ted Cooney told his colleagues. “I think it’s largely the commercial activity that’s been the source of complaints. Full-blown fashion shoots and ad campaigns are a little more disruptive.”
Town Attorney Joanne O’Connor and her colleague Hanna Rubin, both of the Jones Foster law firm, presented a draft ordinance to council members for review at their meeting.
Renamed “Filming Operations,” the ordinance includes expanded definitions, time limits and more clearly defined exemption language related to commercial film production within the town.
Under the proposed ordinance, “filming operations” would be defined as activities “necessary to create still, live, or motion pictures, whether made 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, or still photography, or any other photography, regardless of medium, for use in any print or electronic media.”
Specific activities would be exempted from the town’s definition of “film operations,” including those for “bona fide” student and/or faculty filming or photography for educational purposes; employees of print or electronic news media when filming ongoing news events; agents or other authorized representatives of town, state, or federal law enforcement or environmental regulatory agencies filming or photographing exclusively for official and authorized law enforcement or regulatory purposes; individuals filming or photographing exclusively for their own personal or family use; and filming or photographing for advertising purposes when using a single aerial filming or photography device where such device is operated solely from privately owned property.
As with the current commercial motion picture ordinance, the proposed ordinance would require a filming permit to be issued to those who want to film on town property, or whose filming operations would affect town property or impact town services.
Prior to granting a permit, the town would review an application to ensure that it satisfies a list of conditions, including permitted dates, times and locations for filming; length of filming; and fees.
The ordinance also gives the town broad discretion to deny a film permit application for a variety of reasons, including negative impacts to the “health, safety, or welfare” of the town or its residents or visitors; violations of town ordinances; traffic concerns; and damage or destruction of plant life.
During the past year, the town council has rebuffed multiple requests from applicants to film commercial projects in Palm Beach.
In April 2023, council members denied a request from a London film studio to shoot part of the limited TV series “Apples Never Fall” on the island. The series, starring Annette Bening, Sam Neill, Alison Brie and Jake Lacy, filmed in Australia instead. It premiered on the Peacock network in March.
In May 2023, council members rejected a request from a producer of “The Real Housewives of Miami” to film scenes at several businesses along Worth Avenue. That denial was based on concerns about safety, traffic and security issues that would arise from filming along Worth.
“I just feel that for security reasons, and because of this town, the way it is, that we should not allow these types of things to go on,” then-Council President Maggie Zeidman said.
Her former colleagues’ opinions haven’t changed much since then.
“We don’t want to encourage commercial filming here,” Council President Bobbie Lindsay said this month. “I think the bare minimum that we can get away with is what I’m looking for.”
A revised ordinance will be presented to the town council on first reading at a “subsequent” meeting, the town said.
Jodie Wagner is a journalist at the Palm Beach Daily News, part of the USA TODAY Florida Network. You can reach her at [email protected].
This post was originally published on here
