In addition to the criteria listed in this article, the city shall also investigate the application with respect to the following special circumstances and may impose conditions if warranted:
(A) Noise. Filming activities which produce unusual noise such as gunfire, sirens, public address systems, bull horns, or any other loud noises may be restricted to mitigate the effects of the activity.
(B) Aircraft. Helicopter landings or filming from the air are not permitted without explicit written permission from the Film Office. The written authorization shall be filed with the application.
(C) Public safety personnel. Police and/or fire personnel requirements shall be determined by those departments and any personnel required shall be at the permittee's expense. Additional public safety employees may be requested by the applicant at the time of application at the applicant's expense. The Chief of Police may approve the use of additional public safety personnel or may require the applicant instead to contract with a private security firm. Additional public safety employees approved by the Chief of Police shall enforce all city regulations and shall remain employees of the city at all times. The city's employees shall not be employees of the permittee and shall not act at the direction of the permittee unless doing so will ensure enforcement of applicable laws and regulations.
(D) Roads and streets. If the permittee must park equipment, trucks, and/or cars in zones that do not permit parking, the permittee must post the street as required by the Public Works Director. The applicant must also obtain permission to string cable across sidewalks or from a generator to a service point.
(E) Traffic control. For any filming that would impair traffic flow in any manner or for any duration, the applicant shall comply with all traffic control requirements deemed necessary by local police or private security personnel for traffic control, subject to the approval of the Chief of Police or the use of local law enforcement personnel. The use of local law enforcement personnel shall be dependent on the location of filming (for example, filming within a County park would fall under the jurisdiction of the County Sheriff rather than local law enforcement) and must be approved and funded as described in division (C) above. All interruptions of normal pedestrian or vehicular traffic must be authorized on the permit, with the traffic control plan and staffing approved by the Chief of Police prior to permit issuance. Any proposed detour plan or parking shall be submitted for the review and approval of the City Engineer. The permittee shall also obtain all necessary permits and approvals from the Michigan Department of Transportation and/or Macomb County Road Commission prior to filming on a state or county roadway.
(F) Adult entertainment. No filming shall be conducted within the city which depicts nudity, sexual intercourse, simulated sex acts, or other displays prohibited by state law or city ordinance which could be observed by a member of the general public. Films which have as their primary purpose the display of such acts for distribution to an adult entertainment market or video provider shall not be granted a permit for filming. A permit issued under this article does not authorize the production of a film that in any manner requires the use of property owned by or under the control of the city in violation of Public Act 84 of 2008, which prohibits 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.
(G) Pyrotechnics and special effects. The applicant shall obtain a permit from the Fire Department for any pyrotechnics or similar special effects.
(H) Vegetation. The Film Office may impose restrictions on filming in native vegetation, natural areas, wetlands, and similar locations.
(I) Crew size. The Film Office may impose requirements for filming operations involving more than 50 cast and crew at a filming location.
(J) Refueling. The Film Office may impose restrictions on refueling operations in excess of ten gallons.
(K) Boundaries. The Film Office may impose requirements concerning the posting of the outer boundaries of the filming.
(L) Uniforms. The Film Office may impose restrictions concerning the covering of police, fire, and other uniforms worn by actors when they are not being filmed.
(M) Insignia. The Film Office may impose restrictions on the use of city and other public agencies' logos, insignias, badges, or decals for filming purposes.
(N) Extras. The Film Office may request that city residents be afforded a higher priority than others, for example, exclusive access to the first day of auditions, when the permittee seeks or requires "extras" for certain portions of the filming.
(O) Acknowledgment. The Film Office shall require that the permittee properly acknowledge the assistance of the city in the final film credits.
(P) Access. The Film Office may request access to behind the scenes production of any filming activities for purposes of creating promotional videos for the city. However, the Film Office will honor all conditions of the production company regarding material that may be disclosed to the public prior to release of the final film or production.
(Ord. No. 401, § 1 (part), 3-2-09)