(a) Definitions. As used in this section, unless the context indicates otherwise:
"Chicago Film Office" means the Chicago Film Office of the Chicago Department of Cultural Affairs and Special Events.
"CDOT Commissioner" means the Commissioner of the Chicago Department of Transportation or the Commissioner’s designee.
"Department" means the Chicago Department of Transportation.
"DCASE Commissioner" means the Commissioner of the Chicago Department of Cultural Affairs and Special Events or the Commissioner’s designee.
"Film production event" means any filming that requires: (1) the exclusive use of City streets, sidewalks or other portions of the public way for the staging of vehicles, equipment or crew personnel; or (2) special City services, including but not limited to: (i) street closures, (ii) barricades, garbage cans, stages, or special "no parking" signs, (iii) special electrical services, or (iv) special police protection; or (3) special effects, pyrotechnics, stunts, rigging or similar activities regulated under this Code or requiring permits or similar approvals from other City departments. The term "film production event" does not include filming on the public way that does not obstruct or block the public way.
(b) Unlawful acts. No person shall conduct a film production event without first: (i) filing a City Services Request Form with the Chicago Film Office, and (ii) obtaining a Film Production Permit from the Chicago Department of Transportation. No person shall exceed the scope of any permit issued under this section.
(c) City services request form. The City Services Request Form required under this section shall be in the form and manner prescribed by the Chicago Film Office, and shall contain the following information about the film production event: (1) event type; (2) filming dates; (3) project title; (4) company name; (5) company address; (6) company contact information; (7) project description; (8) location, number, date and time of any requested street closures; (9) nature and number of any requested City services or police personnel; (10) date, time and reporting location of any requested tow trucks; (11) name and cell phone number of the company’s on-site contact person; (12) whether any special effects, stunts, rigging or pyrotechnics will be used in connection with the film production event; and (13) any other information that the Chicago Film Office may reasonably require. Upon receipt of a completed City Services Request Form, the Chicago Film Office shall: (i) review the request identified in the Form to determine its feasibility and potential impact on the public way, public health and public safety; and (ii) notify the Department of Transportation of its findings.
(d) Film production permit – Processes and fees.
(1) Application. The application for a Film Production Permit under this section shall be in the form and manner prescribed by the CDOT Commissioner, and shall contain the following information: (i) event name, if applicable; (ii) type of event; (iii) start and end date of the event; (iv) description of the event; (v) emergency contact information; (vi) filming information; (vii) location information; (viii) whether any interruption of vehicular traffic is necessary; (ix) service request information; (x) proof of insurance, as required under subsection (e) of this section; (xi) indemnification agreement, as required under subsection (f) of this section; and (xii) any other information that the CDOT Commissioner may reasonably require.
(2) Permit issuance – Prohibited when. A permit under this section may be denied if the CDOT Commissioner, in consultation with the Chicago Film Office, determines that: (i) the date, place, time or manner of filming of the film production event will have an adverse impact on the public way or on the public health or safety; and (ii) no feasible alternative date, place, time or manner of filming exists capable of mitigating such adverse impact.
(3) Permit fee – Fee for City services. The fee for a film production permit, which shall be paid at the time the permit is issued, shall be $250.00; provided, however, that a $25.00 permit fee shall be assessed if the filmed event: (i) is produced by students or school administrators as part of a classroom project; or (ii) is produced by a not-for-profit corporation for educational or institutional purposes; or (iii) qualifies for, and has been approved by the DCASE Commissioner for participation in, the Chicago Film Office’s Independent Film Initiative program; or (iv) is substantially smaller in scope, budget, crew size, and need for City services than the majority of film production events permitted by the City, requires significantly less time and fewer City staff to process for permit issuance, and requires no or minimal city services to produce. Any costs accrued by the permittee for City services in connection with the permitted event shall be in addition to the permit fee required under this subsection.
(e) Insurance – Required. The applicant for a Film Production Permit shall provide proof of insurance evidencing commercial general liability insurance, with limits of not less than $1,000,000.00 per occurrence for bodily injury, personal injury and property damage, naming the City as additional insured on a primary non-contributory basis for any liability arising directly or indirectly from the permittee’s operations.
Each insurance policy required under this subsection shall include a provision stating that the policy shall not be subject to cancellation, reduction in the amount of its liabilities, or other material changes until notice thereof has been received in writing by the City’s Office of Risk Management, Chicago Film Office and Department prior to such action.
The insurance required under this subsection shall be maintained in full force and effect for the duration of the permit period. Any violation of this subsection shall result in automatic revocation of the permit.
For purposes of this subsection, the duration of the permit period shall include the time required for construction and removal of all materials and equipment provided for the conduct of the permitted event until the public way has been cleared and restored to the condition it was in prior to the permitted event.
In the case of requests for City services that involve the hiring of police and fire personnel, proof of workman’s compensation insurance shall also be required.
(f) Indemnification – Required. Apart from and separate from any insurance required under subsection (e) of this section, the applicant for a Film Production Permit under this section shall agree in writing to indemnify, defend and hold the City of Chicago and it assignees and employees harmless from all losses, damages, injuries, claims, demands and expensing arising out of the operation of the permitted event on the condition, maintenance and use of the public way or other public property.
(g) Permit revocation. The Department may at any time revoke a film production permit if the operation of the film production event is in violation of this Code or any other applicable law, or if such revocation is necessary to preserve the health or safety of the public. Written notice of the revocation with the reasons therefor shall be mailed to or served upon the permittee or the permittee’s agent at the time of revocation. Unless the permit will expire by its own terms before a hearing can be reasonably scheduled, no such revocation will take effect until the permittee or his agent has been given notice and an opportunity to be heard in accordance with rules issued by the Department. When necessary to prevent an immediate threat to the health or safety of the public, the Department shall order the permittee to cease operation of the film production event pending the outcome of the hearing.
(h) Judicial review. Any action of the Department in denying or revoking a permit under this section shall be subject to judicial review as provided by law.
(i) Rules. The DCASE Commissioner and Chicago Film Office, following consultation with one another, may jointly or separately promulgate rules necessary or desirable to implement this section.
(j) Penalty for violation. In addition to any other penalty provided by law, any person who violates this section shall be fined not less than $500.00 nor more than $2,500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(Added Coun. J. 11-14-18, p. 90376, Art. VII, § 2)