(A) In processing an application for a production filming permit required by this subchapter, the city shall, at a minimum, require the following.
(1) 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 such necessary and sufficient security personnel will be provided by the permittee for the duration of the production filming.
(2) Notification. The permittee or his or her designee shall notify affected residents, occupants and businesses, in advance of filming, and as instructed by the city, 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 and/or sidewalk.
(3) Access. Production vehicles may not block parking lot access drives, fire hydrants or be parked in fire lanes and must comply with all provisions of the state law and local ordinances.
(4) Base camps. Base camps may not be located on a public street unless approved in writing by the city or the Police Chief or his or her designee. Only the necessary production vehicles (i.e., grip and light trucks) may be parked on a public street, if necessary, at the filming location. Crew parking, honey wagon, catering and other non-essential production vehicles shall be at a predetermined location as approved by the city.
(5) Insurance. As a condition of issuing a permit under this subchapter, the permittee shall furnish insurance in an amount to be determined by the Director of Finance/Administration, but in no event in an amount less than $1,000,000 to protect the city against claims of third persons for personal injury, wrongful death and property damage and to indemnify the city for damage to the city property arising out of the permittee’s activities. Additional coverage of such general liability insurance coverage shall be required in the event motor vehicles, aircraft, helicopters, explosives or pyrotechnics are used in the activity in an amount to be determined by the Director of Finance/Administration. Such insurance shall be evidenced by the standard general special endorsement form or the certificate of insurance (public liability) form approved by the city. The applicant shall also submit verification that adequate worker’s compensation insurance coverage is maintained. The city shall be named as an additional insured party.
(6) Fire protection. The permittee shall, at his or her own expense, take adequate steps as determined by the Fire Chief to ensure fire protection. No permit shall be issued unless the Fire Chief or his or her designee finds that permittee will provide all necessary and sufficient compliance with the requirements of NFPA (National Fire Protection Association) 140 for the duration of the production filming.
(7) Hold harmless agreement. The permittee shall execute a hold harmless agreement as provided by the city prior to the issuance of any permit.
(8) Other conditions. Prior to the issuance of a permit, the City Clerk may impose any other conditions reasonably calculated to ensure compliance with the requirements of this subchapter and to protect the health, safety, welfare and property of attendants or of citizens of the city, including a limitation on the duration of the permit and the location of activities thereunder.
(B) In processing an application for a permit required by this subchapter, the city 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, the city finds that:
(1) 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;
(2) The conduct of such activity will not unduly interfere with normal governmental or city operations, threaten to result in damage or detriment to public property, or result in the city incurring costs or expenditures in either money or personnel not reimbursed in advance by the applicant;
(3) 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;
(4) At the determination of the city that the condition of such activity will not constitute a fire hazard or any other type of hazard and all property safety precautions will be taken as determined by the heads of the applicable departments or their designees;
(5) 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 city 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. The city reserves the right to review all proposed scripts for any production filming activities. The decision of the city 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 City Council at 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 first class mail within five days of such action. In the case of a permit denial, the reasons therefor will be stated in the notice;
(6) The permittee shall provide a proper acknowledgment of the city as part of the production in a form as approved by the City Clerk; and/or
(7) The permittee shall execute the city’s contract, as required.
(Prior Code, § 8.2-5) (Ord. 1321, passed 2-8-2010)