Ordinance #14

Licenses & Regulation
Filming Permits - Cedarburg

SECTION 1. Section 7-l 4-1 of the Code of Ordinances of the City of Cedarburg is hereby created as follows:

SEC. 7-14-1

FILMING PERMIT

(a) Purpose. The purpose of requiring issuance of a filming permit is to protect the personal and property rights of City of Cedarburg residents, property owners and businesses. A filming permit shall be issued for filming of movies, television shows, commercials, training films and related activities in which there is commercial use of City-owned property (streets, rights-of-way, parks and public buildings), or commercial use of private property which may affect adjacent public or private property, equipment and personnel. The applicant agrees that the City of Cedarburg shall have full control over the use of public streets and buildings of the City while being used for filming activities, as well as control over the hours of production and the general location of the production. The City reserves the full and absolute right to prohibit all filming or to order cessation of filming if determined to be detrimental to the health, safety and welfare of the public.

(b)Licensing of filming. No filming shall be permitted on the streets or on private property (where filming may affect adjacent public or private property, equipment and personnel) in the City of Cedarburg unless a Filming Permit is obtained from the City Clerk.

(c) Exemptions. The following filming shall be exempt from the requirements of obtaining a Filming Permit: news events, casual photographer, social events (weddings, graduations, etc.), student assignments, or other circumstances as determined by the Mayor, City Administrator and Chief of Police.

(d) Hours filming is permitted. Filming in the City of Cedarburg shall be permitted at any time, if conducted in accordance with the Municipal Code of the City of Cedarburg.

SEC. 7-14-2 APPLICATION FOR FILMING PERMIT

(a) Application. A person seeking a filming permit shall file an application with the City Clerk. The application shall set forth the following information regarding the

proposed filming:

(1) The name, address and telephone number of the filming entity.

(2) The name, title, and telephone number of person on location responsible for the company's adherence to terms and conditions of the permit.

(3) The location(s), date(s) and hours of filming.

(4) Signature of authorized representative.

(5) Date of signature.

If the filming event is determined by the Mayor, City Administrator and Chief of Police to have a major impact on the City of Cedarburg, items 6 through 9 shall also be completed on the application.

(6) Type(s) of City services requested, if applicable.

(7) Type of filming: television, motion picture, commercial stills, video, educational, non-profit, other.

(8) Number of each type of vehicle and equipment that will be placed on public or private property: cast and crew, cars, trucks, vans, motor homes, generators, camera cars, catering, other.

(9) Verification that all residents within three hundred (300) feet of the proposed filming location (or other such areas as designated by the Mayor, City Administrator and Chief of Police) and any residents and businesses whose property fronts the area being requested were provided with written notification of the filming schedule and a short description of the filming project by the filming entity. (A listing of property owners and addresses is available through the City Assessor's Office).

(b) Insurance Required. No permit shall be granted unless the applicant shall have filed with the City Clerk a certificate of liability insurance naming the City of Cedarburg as an additional insured in the amount of not less than one million dollars ($1,000,000) per occurrence and one million dollars ($1,000,000) aggregate for personal injury and property damage, with the condition that the applicant shall indemnify and hold harmless the City and its officers and agents and citizens against any injuries and damages resulting or arising from the filming for which the permit was issued or from the performance by the applicant or his agents of any negligent incident to or connected with the conduct of such filming; and that the applicant shall pay all judgments, costs and charges that may be recovered against the City or any of its officers or agents by reason of the conduct of such filming, together with the cost of defending any such action against the City, including actual attorney's fees.

(c) Application/Administrative Fee(s) Required. No permit shall be issued unless the applicant pays an administrative fee of $10. In the event it is determined by the Mayor, City Administrator and Chief of Police that the filming event will have a major impact on the City of Cedarburg, an administrative fee of $200 shall be paid.

(d) Payment for City Services. The applicant shall agree to pay for the cost of any Police, Fire, Public Works, or other City personnel assigned to the project (whether specifically requested by the producer or not). If this determination is made, the applicant must pay an hourly fee for the personnel based on 1.S times the salary for their classification and for activities involving Department of Public Works vehicles, the applicable equipment rate. Remuneration rates for the use of any City Equipment, will be established on a case-by-case basis by the City Administrator. The applicant will agree to pay in full, promptly upon receipt of an invoice, the charges incurred.

If City personnel have been assigned to the filming and actual filming time turns out to be different than that estimated on the application, the applicant will receive an invoice or refund from the City approximately three to four weeks after the filming is completed.

(e) Distribution of Permit. Upon completion, the City Clerk shall distribute copies of the Filming Permit to the Police Department, Fire Department, Chamber of Commerce, Mayor and City Administrator

(f) Posting of Permit. Such permit when issued shall be prominently displayed on location while the filming is in operation.

(g) Inspection. The applicant shall agree to allow the respective City departments (i.e., Police, Fire, Building Inspection) to inspect all structures and/or devices and equipment to be used in connection with the filming and taping, if required by the City Administrator. The Fire Department may determine that no standby Fire Department personnel are required, but that an inspection will be needed.

(h) Revocation. Any permit granted by the City under the provisions of this Section may be revoked by the City Administrator, including when the person who maintains, owns, controls or operates such filming permits the violation of any provision of this Code of Ordinances or State laws or where, in the opinion of the City Administrator, the filming is deemed undesirable or presents a threat to the public safety. Revocations or suspensions may be appealed to the Common Council.

SECTION 2. This ordinance shall take effect upon its passage and publication as provided by law.