(A) Permit Required:
1. Application: A permit issued by the Village Manager shall be required for any person or entity to use of any street, right of way, or public building, equipment, or personnel for commercial uses in the filming, photography or taping of movies, television programs, commercials, or training films and related activities (“Commercial Filming”). Any property owner that consents to the use of their property in connection with Commercial Filming shall ensure that the person or entity performing the Commercial Filming has received a permit before such Commercial Filming takes place, and the failure to do so shall be a violation of this chapter. In conjunction with any Commercial Filming all of the conditions and/ or remunerations as specified in this code shall be met as a prerequisite to that use. The permit application must be filed with the Village Manager within the following time lines:
Feature films - fourteen (14) days prior to filming.
Episodic television - seven (7) days prior to filming.
Commercials - three (3) days prior to filming.
The applicant shall agree, as part of the application, that the village shall have full control over the use of public streets and buildings of the village while being used, as well as control over the hours of production and the general location of the production. The village reserves the full and absolute right to prohibit all filming or to order cessation of filming if determined to be detrimental to the public health, safety, and welfare.
The applicant shall agree to allow the respective village departments (i.e., police, fire, building) to inspect all structures and/or devices and equipment to be used in connection with the filming, photography and taping if required by the village manager.
2. Investigation: The village manager shall refer the application to the police department and to the fire and building departments, as deemed necessary, for investigation.
3. Time Limits On Activity: The village manager may restrict or limit the time for filming, taping or photographing activities during rush hour traffic or during periods when schools or churches are in session within the affected area, or whenever, in his or her judgment, circumstances warrant such limitation. The village manager and a representative of the filming company shall agree to a time daily past which no filming shall occur. The filming company shall be fined at a rate established by the village manager for any filming that occurs past the agreed upon time. Only one filming, photography or taping production shall be authorized in the village on any given day. The village restricts the commercial filming of the exterior or interior of any single private residence to less than ten (10) days per calendar year unless the express written permission of the village manager is given.
4. Report Of Vehicles And Equipment: The applicant shall provide a report listing the number of vehicles and types of equipment to be used during the filming, photography or taping, including the proposed hours of use and the proposed parking locations. All such parking locations shall be reviewed and approved by the village manager prior to their use. Every applicant shall pay the full daily rate for every metered or permit parking space occupied by any vehicles and equipment. Equipment nonessential to actual filming should be kept at a project base camp which will be determined in conjunction with the village manager’s office.
5. Village Control Over Public Streets, Buildings And Filming Activities: The village shall have full and complete control over the use of public streets and buildings of the village while being used for filming, taping or photographing activities, as well as control over the hours of production and the general location of the production. The village reserves the full and absolute right to prohibit all filming, photography or taping or to order cessation of filming, photography or taping if determined to be detrimental to the public health, safety and welfare, and the applicant shall acknowledge its understanding and agreement of these municipal powers as part of the application.
6. Termination Of Permit: Any permit issued herein may be terminated by the village manager in the event of a violation of any of the conditions and requirements established by the village manager pursuant to this section, or of any traffic law or other village regulation, or of a deviation in the production schedule, number of vehicles, equipment location or any other information furnished by the applicant with respect to the permit application.
(B) General And Automobile Liability Insurance Required: The applicant shall furnish the village manager with a certificate of liability insurance evidencing coverage with limits no less than two million dollars ($2,000,000.00) for general liability per occurrence, including bodily injury and property damage and automobile liability, if applicable, in the amount of two million dollars ($2,000,000.00), including bodily injury and property damage. If the filming involves hazardous activities, such as explosions, car crashes, fires, etc., a minimum of five million dollars ($5,000,000) general liability coverage per occurrence is required. The Village reserves the right to reconsider the limits of coverage depending on the activities involved in filming. The applicant shall also attach to the application proof of that the appropriate workers’ compensation and employer’s liability insurance have been provided for the employees of the filming company.
(C) Hold Harmless And Indemnification Agreement: In addition to the insurance requirement, the applicant shall enter into a hold harmless and indemnification agreement, on the form as provided by the village manager, to hold the village and its corporate authorities, officers, officials, boards, commissions, employees, attorneys, agents and representatives harmless, and to defend and indemnify the village with respect to any loss, judgment, damages, costs and expenses, settlement and compromises, claims and causes of action of every kind or nature, arising out of or in any way related to the operations of the applicant within the village in connection with the commercial filming, photography or taping activities within the village for which a permit is issued.
(D) Fees And Remuneration For Use Of Public Property/Personnel/Equipment; Railroad Permission: The applicant shall pay the following permit fees and costs for use of public buildings and areas, and village personnel, vehicles and equipment. The fee for processing the permit provided in this section shall be seven hundred and fifty dollars ($750.00) and shall be nonrefundable. In addition, the cost of use of police, public safety, public works or other village personnel assigned to the permit activity (whether requested by the applicant or not) shall be:
Department | Hourly Rate | |
Department | Hourly Rate | |
Village administration and finance department: | ||
Village manager | $350.00 | |
Village Attorney | 290.00 | |
Village attorney | 350.00 | |
Department head | 290.00 | |
Supervisory personnel | 190.00 | |
Clerical/support staff | 190.00 | |
Police department: | ||
Command staff (deputy chief, lieutenants, commander) | 240.00 | |
Sergeants | 190.00 | |
Patrol officers | 160.00 | |
Support staff | 140.00 | |
Fire department: | ||
Command staff (deputy chief) | 240.00 | |
Lieutenants | 190.00 | |
Paramedics | 160.00 | |
Firefighters | 160.00 | |
Support staff | 140.00 | |
Public works department: | ||
Superintendent | 190.00 | |
Maintenance workers | 140.00 | |
Vehicles | ||
Police vehicles | 50.00 | |
Ambulance | 230.00 | |
Fire engine | 460.00 | |
Miscellaneous fire vehicles | 60.00 | |
Public works vehicles | 130.00 | |
Miscellaneous vehicles (boat, tractor, actor truck, etc.) | 460.00 | |
* All posted rates are subject to modification as determined by the village manager. | ||
The rate for use of public property shall be determined by the village manager according to the extent of such use as follows:
For total or disruptive use of a public building during regular operating hours | $825.00 per day plus $70.00 per hour for each hour or part thereof beyond regular operating hours |
For partial, nondisruptive use of such public building | $510.00 per day plus $35.00 per hour for each hour or part thereof beyond regular operating hours |
For total closure of a public street, park area or right of way | $80.00 per hour |
For partial closure or obstruction of such public street, park area or right of way | $40.00 per hour |
For use of the river, additional fees may apply.
Applicant will be responsible for obtaining permission from BNSF if filming, photography or taping on rail tracks is requested and for providing any required flagmen and/or road signage.
The village manager may waive part or all of the fees for a nonprofit organization at his or her discretion.
(E) Notification; Preproduction Meeting: The applicant shall write a short description of the proposed project along with the filming schedule to distribute to the property owners or residents. The applicant shall provide a report attesting to such distribution and noting any owner or resident’s reaction along with the addresses and phone numbers of all reacting property owners. This completed report must be delivered to the office of the village manager prior to approval for filming. The applicant is also required to meet with village staff at least forty eight (48) hours in advance of the desired production date.
Additionally, Applicant will assume full responsibility for notifying residents, business owners, or other affected individuals within the two hundred (200) yard area of the proposed filming activity. The notification shall include a resident acknowledgement document. Residents will sign off on this document stating that they either approve or disapprove of the proposed activity and the hours involved. Seventy five percent (75%) of residents within the two hundred (200) yard area must give their approval before a project can commence.
(F) Surety Bond Required: In addition to the foregoing requirements, the applicant shall, as a part of any application for commercial filming, photography or taping, deposit with the village treasurer cash or a surety bond in the amount of fifteen thousand dollars ($15,000.00) as security for the payment of any damage which may result to such public way, public park or public building by reason of the applicant’s use of the same pursuant to a permit to be issued herein. Any part of said deposit not needed or used to repair, replace or restore damage so occasioned to public property by the applicant at the end of the permit period shall be returned to the applicant within ten (10) days after the expiration date. The cash deposit or surety bond is required before a permit can be issued.
(G) Village Recognition: The village shall be duly recognized in the publication of any film, tape or periodical, which includes therein public buildings or public areas of the village.
(H) Enforcement: Any person convicted of violating any provision of this chapter shall be subject to the penalty as provided for by section 1-4-1 of this code for each offense, and each day upon which such violation continues shall be regarded as constituting a distinct and separate offense. In connection with such violations, the police officer or other designated officer may employ the compromise and settlement procedures as provided in section 1-4-6 of this code. (Ord. 2844, 12-19-2013; amd. Ord. 4064, 7-20-2023; Ord. 4091, 3-7-2024)