Municipal Code
CHAPTER 880 Motion Picture, Television, Radio or
Photographic Production
880.01 Purpose.
880.02 Definition.
880.03 Permit required.
880.04 Permit application.
880.05 Application investigation.
880.06 Permit conditions.
880.07 Decision on permit.
880.08 Permit revocation/suspension.
880.09 Appeal.
CROSS REFERENCES
Obscenity - see M.C.L.A. 752.361 et seq.
Local Government Filming Location Access Act - see
M.C.L.A. 123.1191 et seq.
880.01 PURPOSE.
The purpose of this chapter is to:
(a) Protect and reasonably manage use of Village
property and public rights-of-way.
(b) Preserve the health, safety and welfare of the
public.
(c) Promote economic growth in the Village.
(d) Recover costs of providing services in connection
with production filming.
(Ord. 2010 01. Passed 1 10 10.)
880.02 DEFINITION.
AMotion picture, television, radio or photographic
production@ means an activity occurring in the Village
associated with making, staging, shooting, taping,
filming, recording or creating a commercial motion
picture, television show, broadcast, program,
commercial, trailer, promotion, advertisement, video,
video game, digital animation, interactive website or
sound recording, or that is associated with photography
for sale or use for a commercial purpose where the
photographer sets up stationary equipment on public or
private property or in the public right-of-way in any
one location for longer than five minutes.
(Ord. 2010 01. Passed 1 10 10.)
880.03 PERMIT REQUIRED.
(a) Requirement. No person shall use any public
right-of-way, or any public or private property,
facility or residence in the Village for the purpose of
a motion picture, television, radio or photographic
production without first obtaining a permit under this
chapter.
(b) Exemptions. This chapter shall not apply to:
(1) Current news productions, which includes reporters,
photographers or camera operators working for a
newspaper, news services, broadcasting stations or
similar media engaged in the broadcasting or reporting
of news events;
(2) Productions conducted by students for a school
project or course; by public, education and government
access organizations; or by or at the direction of the
Village;
(3) Productions conducted within legally established
commercial motion picture/television/radio/photography
studios;
(4) Video or multimedia broadcast or transmission of a
live performance within a live entertainment venue on
large screen monitors; or
(5) Private events filmed or photographed for non
commercial purposes, such as private parties or
weddings.
(Ord. 2010 01. Passed 1 10 10.)
880.04 PERMIT APPLICATION.
A permit applicant shall complete an application form
and file it with the Village Clerk. The application must
be accompanied by all information, fees, deposits, hold
harmless agreement and insurance certificates required
under this chapter.
(a) Content. The permit application shall include the
following information:
(1) Name, mailing address, phone number and email
address of the applicant. Where the applicant is a
corporation, partnership, limited liability company or
other business entity, organization or association, all
directors, officers, partners and members shall be
identified;
(2) Name and description of the nature, character and
type of the production;
(3) Address, description and proof of ownership of the
location(s) where the production activity will take
place. If the applicant does not own the location, the
applicant must submit the owner=s written consent to use
the site for the proposed production;
(4) Dates and times of production activity;
(5) Traffic and parking control plan and any anticipated
road closures;
(6) Layout of production site depicting production set,
base camp, vehicles, trailers, equipment, staging,
scenery, props, structures, sanitary and waste
facilities, and parking;
(7) Explanation of security and safety measures to be
undertaken to maintain order and preserve and protect
persons and property during the production;
(8) Estimate of the number of workers, cast, crew and
attendees expected at each day of production; and
(9) Insurance and bonding arrangements.
(b) Fees. A permit applicant shall pay to the Village
the following fees:
(1) Processing Fee. A non refundable processing fee in
an amount established by resolution of the Village
Council to reimburse the Village for the personnel,
contractor and consultant time required to evaluate the
application and establish conditions of approval;
(2) Property Use Fee. A daily property use fee in an
amount established by resolution of the Village Council
to compensate the Village for the use of public property
and its unavailability for ordinary and usual purposes
due to the production activity;
(3) Monitoring Fee. A monitoring fee to reimburse the
Village for personnel, contractor and consultant time
required to monitor or otherwise service the production
activity, and for costs of other Village services,
facilities or equipment approved for use; and
(4) Fee Waiver. The Village Council may waive or reduce
the processing fee and property use fee for charitable,
educational, civic and nonprofit organizations.
(Ord. 2010 01. Passed 1 10 10.)
880.05 APPLICATION INVESTIGATION.
Upon receipt of a complete permit application, the
Village Clerk shall forward the application to the
Village Administrator, Police Chief and Fire Chief, and
to other appropriate officials and consultants. Such
officials and consultants shall review and investigate
matters relevant to the application and shall, within
five business days of receipt of the application, report
their findings and recommendations to the Village
Administrator.
(Ord. 2010 01. Passed 1 10 10.)
880.06 PERMIT CONDITIONS.
A permit issued under this chapter shall be subject to
the following conditions:
(a) Security Personnel. The Permittee shall engage
sufficient security personnel to secure and protect the
production site and to maintain order at and around the
production activity. No permit shall be issued unless
the Police Chief is satisfied that sufficient security
resources will be undertaken for the duration of the
production.
(b) Notification. Prior to production activities, the
Permittee shall notify any residents, occupants and
businesses who may be affected or inconvenienced by the
production about the proposed production activity
including information about planned special effects,
noise, lights, road and lane closures, Ano parking@
requests, sidewalk usage and the time that any
barricades will be placed on the street and/or sidewalk.
(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
(i.e., grip and light trucks) may be parked on a public
street, if necessary, at the production location. Crew
parking, honeywagon, catering, and other non essential
production vehicles shall be at a predetermined
location.
(e) Insurance. The Permittee shall furnish evidence of
commercial general liability insurance in an amount to
be determined by the Village Administrator not less than
one million dollars ($1,000,000.00) to protect the
Village against claims for personal injury, wrongful
death and property damage and shall indemnify the
Village for claims for personal injury and for any
damage to Village property arising out of the Permittee=s
activities. An additional minimum of five million
dollars ($5,000,000.00) of commercial general liability
insurance coverage shall be required in the event motor
vehicles, aircraft, helicopters, explosives or
pyrotechnics are used in the production activity. The
applicant shall also submit verification that adequate
motor vehicle and worker=s compensation insurance
coverage is maintained.
(f) Bond. Before the issuance of a permit, the Permittee
shall deposit a cash bond in the amount of five hundred
dollars ($500.00) or such higher amount determined
necessary by the Village Administrator to serve as a
performance guarantee for the Permittee=s faithful
compliance with all of the terms and conditions of this
chapter.
(g) Fire Protection. The Permittee shall undertake
adequate fire prevention and safety measures as
determined by the Fire Chief.
(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. The Village Administrator may
impose any other conditions reasonably calculated to
ensure compliance with the requirements of this chapter
and to protect the health, safety, welfare and property
of the Village and its residents, including a limitation
on the duration of the permit and the location of
production film activities.
(Ord. 2010 01. Passed 1 10-10.)
880.07 DECISION ON PERMIT.
(a) Approval. The Village Administrator shall approve or
approve with conditions and issue a permit upon finding:
(1) The motion picture, television, radio or
photographic production will not unduly interfere with
the use and enjoyment of neighboring property or with
traffic or pedestrian movement, nor will it endanger
public safety, and no streets will be completely closed
to traffic for an unreasonable period of time;
(2) The motion picture, television, radio or
photographic production will not unduly interfere with
normal government or Village operations, threaten or
cause damage or detriment to public property, nor result
in the Village incurring costs or expenditures not
reimbursed by the applicant;
(3) The motion picture, television, radio or
photographic production will not include obscene matter
or an obscene performance and will not involve conduct
in violation of state, local, or federal laws, rules, or
regulations, including 1984 PA 343, being M.C.L.A.
752.361 to 752.374, as amended;
(4) The motion picture, television, radio or
photographic production will not compromise public
safety nor constitute a fire hazard or other type of
hazard, and all necessary property safety and security
precautions are being undertaken;
(5) The motion picture, television, radio or
photographic production shall not use property owned by
or under the control of the Village in violation of 2008
PA 84, 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 for every performer as
provided in 18 USC 2257; and
(6) The applicant has complied with all requirements of
this chapter and any conditions imposed pursuant to this
chapter.
(b) Denial. The Village Administrator shall deny a
permit upon determining that any of the foregoing
standards for approval are not met. Written notice of
denial shall be sent to the applicant stating the
reason(s) for denial and advising the applicant of the
right to appeal the Village Administrator=s decision to
the Village Council pursuant to Section 880.09 of this
chapter.
(c) Duration. A permit shall be valid for six calendar
months from the date of approval unless a shorter
duration is set by the Village Administrator pursuant to
Section 880.06(i) above. Upon a showing of good cause,
the Village Administrator may extend the permit
duration.
(Ord. 2010 01. Passed 1 10 10.)
880.08 PERMIT REVOCATION/SUSPENSION.
The Village Administrator may revoke or suspend a permit
under the following circumstances and shall send written
notice of revocation or suspension to the Permittee
stating the reason(s) for revocation:
(a) The Permittee has failed, neglected or refused to
fully comply with any and all provisions and
requirements set forth in this Chapter, including any
conditions attached to the permit, and any other
applicable Village Code requirements.
(b) Riotous, disorderly, obscene, hazardous, unsafe or
otherwise unlawful conduct occurs at a production
location or an assembly exceeds one hundred twenty-five
percent of the estimated attendance, as indicated on the
application for a permit. In such instances the
production may be shut down by the Police Department and
the assembly disbursed.
(Ord. 2010 01. Passed 1 10 10.)
880.09 APPEAL.
An applicant/Permittee may appeal a decision by the
Village Administrator to deny, revoke or suspend a
permit by filing a written appeal with the Village Clerk
within ten business days after the Village
Administrator=s decision. The Village Council shall
consider the appeal at its next regularly scheduled
meeting and may affirm, modify or reverse the Village
Administrator=s decision.
(Ord. 2010 01. Passed 1 10 10.)
