A. Application; Fee:
1. Application And Fee: Prior to commencement of any filming activities, the producer, his representative or an agent for the production company shall submit to the village administrator or his designee an application for commercial filming or taping in a form prescribed by the village administrator or his designee and approved by the village attorney. Included within the application shall be a proposed notice to affected property owners as set forth in subsection B of this section. In addition, applicants shall submit a nonrefundable application fee as set out in section 1-12-3 of this code, under the category "license fees", and such other information as may be requested by the village administrator or his designee. The producer or his authorized representative shall sign the application. (Ord. 94-4, 2-28-1994; amd. Ord. 2000-9, 6-26-2000; 2009 Code)
2. Signing Agreements: Upon approval of the application, the producer shall enter into such agreements with the village as determined necessary by the village administrator and village attorney. Any such agreement must be signed by the village administrator or his designee prior to any production activity taking place. The signed copy will be returned to the producer or his representative.
3. Specific Time Period: Authorization shall be granted for a specific period of time, and the hours of production shall be designated on the approval, giving due consideration to the requirements of the production.
4. Complete Informational Forms: Any production or production company intending to commence filming activities within the corporate limits of the village shall be required to complete and return such informational forms as may be reasonably requested by the village, whether as part of the application submitted or at any other time. (Ord. 94-4, 2-28-1994)
B. Notice To Affected Property Owners: Prior to commencement of filming activities, and at a time set by the village, the producer shall circulate a notice to all property owners in the area of the production as defined by the village representative. Such notice shall include a short description of the proposed project and the filming or taping schedule. A copy of the notice shall be reviewed by the village prior to circulation. The notice shall state that concerns should be reported to the village police department and provide the appropriate village contact name, title and telephone number. The producer shall record any reaction from property owners and residents and shall submit a report to the village administrator or his designee noting any resident reactions, along with a list of the addresses and phone numbers of all property owners within the affected area. This completed report must be delivered to the office of the village administrator not less than five (5) days prior to the commencement of the production. (Ord. 2000-9, 6-26-2000)
C. On Site Location Coordinator: For the duration of the production, the producer shall provide a permanent on site location coordinator who shall act as liaison between the production company, the village, property owners and village residents. The on site location coordinator shall be available at the location during the filming period. The producer shall provide the following information regarding the on site location coordinator:
Name
Title
On site location phone number
Office telephone number
Pager number
D. Security: The applicant shall contact the Lake Bluff police department as soon as filming locations and schedules are known. The village will review all plans for the production and advise the applicant of the extent of the security that must be provided. All traffic protection and devices (signs, barricades, etc.) shall be provided by the applicant.
E. Use Of Village Personnel And Equipment: The producer shall pay for the costs of any police, fire, public works or other village personnel assigned to the project (whether specifically requested by the producer or not) at a rate equal to the salary and benefits paid to the individual employee by the village, including overtime pay as necessary. Remuneration rates for the use of any village equipment shall be established on a case by case basis, giving due consideration to the nature of the vehicle, cost of the vehicle, the proposed use of the vehicle, comparable schedules for vehicle usage adopted by any other public agency, and the useful life of the vehicle. (Ord. 94-4, 2-28-1994)
F. Use Of Village Property; Fees:
1. Fees Enumerated: The producer shall pay a fee as set out in section 1-12-3 of this code, under the category "license fees", for inconvenience caused by any of the following uses of public property:
a. Disruptive use.
b. Nondisruptive use.
c. Total closure of a public street or right of way.
d. Partial closure or obstruction of public street or right of way.
2. Deposit: Fees for the inconveniences set out in subsection F1 of this section shall be paid upon the conclusion of production. Based upon the schedule submitted by the producer at the time of application, the village may require a deposit against costs and expenses anticipated to become due to the village. If it appears that damage to property, public street, or rights of way may occur, the producer shall make a deposit in an amount equal to one and one-half (11/2) times the anticipated cost of restoration. Upon completion of the restoration and determination of actual cost, any excess restoration deposit shall be returned to the producer. In the event of any deficiency in the deposit, the village shall submit an invoice to the producer, and the producer shall pay the same within thirty (30) days. (Ord. 2000-9, 6-26-2000; amd. 2009 Code)
G. Alteration To Property: Upon completion of the production, the producer shall restore any and all property of the village to its original condition, unless the corporate authorities have previously agreed to allow any alteration to the property to remain.
H. Control Of Hours And Location; Inspections:
1. Village Right To Regulate: The village shall have the right to regulate the hours and general locations of filming activities to the extent necessary to preserve the health, safety and welfare of the community. Normal operating hours for filming activities shall be between seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M., and filming during other than such normal operating hours shall be so controlled so as not to cause a nuisance. The village shall at all times have the authority to determine the extent of use of public streets, rights of way and public property owned by the village, and general location of the film production activities.
2. Producer To Advise Village Of Special Conditions: The producer shall advise the village administrator or his designee of any potential for extraordinary noise, smoke, light, vibrations, etc., that may occur during the production and the times when such will occur. The village may request the producer to provide special notice to affected property owners in the vicinity of the production regarding the anticipated potential for any extraordinary noise, smoke, light, vibrations, etc.
3. Inspection By Village: The village shall have the right to inspect any location to be used for filming or taping, to inspect all structures and/or devices and equipment to be used in connection with the filming or taping, and the producer or production company shall fully and completely cooperate with the village in granting access at all reasonable times for purposes of inspection.
I. Parking Of Production Vehicles: The producer shall make adequate arrangements for off street parking of production vehicles not utilized during actual filming or taping, and there shall be no parking on village streets between the hours of two o'clock (2:00) A.M. and six o'clock (6:00) A.M. unless permission is received from the office of the village administrator. Should street parking that interferes with vehicular traffic be necessary for the production, the village shall be entitled to the fees referred to in subsection F of this section.
J. Insurance: The producer shall secure a policy or policies of insurance, naming the village, its corporate authorities, elected officials, officers, boards, commissions, attorneys, employees and agents as additional insureds with respect to any and all claims which arise out of, or are in any way related to, the operations of the filmmaker in filming activities while present, within the corporate limits of the village, such policies to be in the following amounts and coverage: One million dollars ($1,000,000.00) combined single limit and two million dollars ($2,000,000.00) aggregate general liability, including bodily injury and property damage; and automobile liability, including bodily injury and property damage. The producer shall provide a certificate of insurance evidencing that the village has been named as an additional insured on the appropriate policies of insurance, and no filming activity shall take place until the certificate of insurance is provided. Upon request by the village, the producer shall furnish copies of the actual endorsement.
K. Indemnification: The producer shall sign an indemnification and hold harmless agreement in substantially the following form:
To the fullest extent permitted by law, the producer hereby agrees to defend, indemnify and hold harmless the Village of Lake Bluff, its officials, agents and employees, against all injuries, deaths, losses, damages, claims, patent claims, suits, liabilities, judgments, cost and expenses, which may in anywise accrue against the Municipality, its officials, agents and employees, arising in whole or in part or in consequence of the performance of this work by producer, its employees or subcontractors, or which may in anywise result therefrom, at its own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith and, if any judgment shall be rendered against the Municipality, its officials, agents and employees, in any such action, the producer shall, at its own expense, satisfy and discharge the same. The person signing below further certifies that he or she is authorized on behalf of the producer to execute this agreement and bind the producer to the agreement.
L. Liability: The producer shall pay all fees assessed by the village and shall reimburse the village for all costs and expenses incurred by the village related to any filming activities undertaken by the applicant. The producer shall pay in full, promptly upon receipt of an invoice, the costs of repair for any and all damage to public or private property resulting from or occurring in connection with the production and restore the property to its condition prior to the production. (Ord. 94-4, 2-28-1994)