Loading...
In processing an application for a filming permit required by this subchapter the village shall, at a minimum, require the following.
(A) Security personnel. The permittee shall employ at his or her own expense such security personnel as are necessary and sufficient to provide for the adequate security and protection of the maximum number of attendants at the location of the filming activity and for the preservation of order and protection of property in and around the site of the filming activity. No permit shall be issued unless the Police Chief or his or her designee is satisfied that sufficient security personnel as he or she shall reasonably deem necessary will be provided by the permittee for the duration of the production activity.
(B) Notification. The permittee or his, her, or its designee shall notify affected residents, occupants and businesses, in advance of filming, and as instructed by the Village Manager or his or her designee, of the duration and location of filming activities, including information about planned special effects, road and lane closures, “no parking” requests, sidewalk usage, and the time that any barricades will be placed on the street.
(C) Access. Production vehicles may not block parking lot access drives, fire hydrants, or be parked in fire lanes, and must allow a minimum of 20 feet of clearance between vehicles parked on either side of the road for emergency response vehicles to pass.
(D) Base camps. Base camps may not be located on a public street. Only the necessary production vehicles may be parked on a public street, if necessary, at the filming location. Crew parking, catering, and other non-essential production vehicles shall be at a predetermined location.
(E) Insurance.
(1) As a condition of issuing such a filming permit, the permittee shall furnish insurance in an amount to be determined by the Village Manager, but in no event in an amount less than $1,000,000 to protect the village against claims of third persons for personal injury, wrongful death, and property damage and to indemnify the village for damage to the village property arising out of the permittee’s activities.
(2) An additional minimum of $5,000,000 of such general liability insurance coverage shall be required in the event motor vehicles, aircraft, helicopters, explosives, or pyrotechnics are used in the activity. Such insurance shall list the village, its officers, and employees as an additional insured party and shall provide that such policy will not be cancelled for any reason, including nonpayment of premium, without providing the village ten days’ written notice of same. If said insurance policy is on a “claims made” basis, it shall include a rider providing for extended coverage for three years following the termination of production activities in the village.
(3) The applicant shall also submit verification that it has in effect adequate worker’s compensation insurance coverage as required by state law.
(F) Bonding.
(1) Before the issuance of a permit, the permittee shall deposit a sum of money in cash, in an amount of $500 or in any higher amount determined by the Village Manager or his or her designee to be reasonably required under the circumstances.
(2) The bond shall be in a form approved by the Village Attorney, conditioned upon the permittee’s faithful compliance with all of the terms and provisions of this subchapter and all applicable provisions of state or local law, and which shall indemnify the village, its agents, officers, and employees and the Village Council against any and all loss, injury, or damage whatever arising out of or in any way connected with the filming activity and which shall indemnify the owners of property adjoining the filming site for any costs attributable to cleaning up and/or removing debris, trash, or other waste resultant from the filming activity.
(G) Fire protection. In the conduct of its production activities, the permittee shall, at his, her, or its own expense, take such actions as determined necessary by determined by the Fire Chief to ensure fire protection.
(H) Hold harmless agreement. The permittee shall execute a hold harmless agreement as provided by the village prior to the issuance of any permit.
(I) Other conditions. Prior to the issuance of a permit, the Village Manager may impose any other conditions reasonably calculated to ensure compliance with the requirements of this section and to protect the health, safety, welfare, and property of attendants or of citizens of the village, including a limitation on the duration of the permit and the location of activities thereunder.
(1984 Code, § 8-13-060)
In processing an application for a permit required by this subchapter, the Village Manager, or his or her designee, shall issue a permit as provided for in this subchapter when, from a consideration of the application and from such other information as may be otherwise obtained, he or she finds that:
(A) The conduct of such activity will not unduly interfere with the use and enjoyment of neighboring property or unduly interfere with traffic or pedestrian movement or endanger public safety and that no streets will be completely closed to traffic for an unreasonable period of time. Adequate advance notice of any street closure shall be given in accordance with the provisions, if any, of the village ordinances, village rules, or policies;
(B) The conduct of such activity will not unduly interfere with normal governmental or village operations, threaten to result in damage or detriment to public property, or result in the village incurring costs or expenditures in either money or personnel not reimbursed in advance by the applicant;
(C) The activity does not propose to include obscene matter or an obscene performance and will not involve conduct in violation of state, local, or federal laws, rules or regulations, including Public Act 343 of 1984, being M.C.L.A. §§ 752.361 to 752.374;
(D) At the determination of the Village Manager or his or her designee as well as the Village Police Chief, Fire Chief, and/or Code Enforcement Officer, that the condition of such activity will not constitute a fire hazard or any other type of hazard and all properly safety precautions will be taken as determined by the heads of the aforementioned departments or their designees; and
(E) (1) The permit shall not authorize the production of a film that in any manner requires the use of property owned by or under the control of the village in violation of Public Act 84 of 2008, being M.C.L.A. §§ 123.1191 et seq., prohibiting the production of a film that includes obscene matter or an obscene performance or that requires that individually identifiable records be created and maintained for every performer provided in 18 U.S.C. § 2557.
(2) The decision of the Village Manager or his or her designee to issue, conditionally issue, or deny a permit shall be final unless appealed in writing within five working days of the decision by requesting a hearing before the next available meeting. Where conditions are imposed as prerequisite to the issuance of a permit and where a permit is denied, notice thereof shall be mailed to the applicant by certified mail within five days of such action. In the case of a permit denial, the reasons therefore shall be stated in the notice.
(1984 Code, § 8-13-070)
A filming permit, required by this subchapter, may be denied if:
(A) The applicant fails to comply with any or all requirements of § 111.115 or with any or all other conditions imposed pursuant to this subchapter, or with any other applicable provision of local, state, or federal law, rule, or regulation; or
(B) The applicant has knowingly made a false, misleading, or fraudulent statement in the application or in any supporting document.
(1984 Code, § 8-13-080)
A permit required by this subchapter shall specify the name and address of the permittee, the kind and location of the filming activity, the maximum number of attendants permissible, the duration of the permit and any other conditions imposed pursuant to this subchapter. It shall be posted in a conspicuous place upon the premises of the filming activity, and shall not be transferred to any other person or location.
(1984 Code, § 8-13-090)
(A) The Village Manager or his or her designee may revoke a permit issued pursuant to this subchapter whenever the permittee, his or her employee, or agent fails, neglects, or refuses to fully comply with any and all provisions and requirements set forth in this subchapter, including the conditions imposed upon issuance of the permit, or with any and all provisions, regulations, ordinances, statutes, or other law incorporated by reference in this subchapter.
(B) (1) A permit shall automatically be revoked if riotous, disorderly, obscene, or otherwise unlawful conduct occurs at a filming location or if an assemblage exceeds 125% of the estimated attendance, as indicated on the application for a permit.
(2) In such instances, the premises may be closed by the Police Department and the assembly dispersed.
(1984 Code, § 8-13-100)
Loading...