[HISTORY: Adopted by the City Council of the City of Englewood 5-16-1989 by Ord. No.
89-6. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The taking of still or motion pictures, either on film, video
tape, or similar recording medium intended for commercial use for
viewing on television, in the theaters or for advertising purposes.
The reporting or summarizing of information concerning something
that has either recently taken place or of current events of general
interest and includes such features commonly known as newscasts, news
bulletins and news anthology programs.
A.
No person shall film or permit filming within the City of Englewood
without first obtaining a permit, which permit shall set forth the
location of such filming and the date or dates when filming shall
take place.
B.
Permits shall be obtained in the office of the City Clerk, and the application for the permit shall be in a form approved by the City Clerk and shall be accompanied by a fee as set forth herein, or as may hereafter be established by ordinance. Permits shall be issued in accordance with the procedures governing the issuance of licenses and permits, generally appearing as Chapter 262, Licensing Regulations.
C.
A permit shall be sufficient to authorize outdoor or indoor filming
for one day within a period of not more than 10 days beginning on
the date of issuance of the permit. If the filming does not take place
on the dates specified in the permit due to inclement weather or other
good cause, the City Clerk may issue a new permit at no additional
fee.
No permit shall be issued for filming with the City of Englewood
unless the applicant for such permit:
A.
Provides liability insurance coverage for bodily injury of not less
than $100,000 per person, property damage of not less than $50,000
per person and aggregate coverage for both bodily injury and property
damage, per occurrence, of not less than $500,000.
B.
Specifies in writing that the City of Englewood will be indemnified
and saved harmless from any and all liability or damages.
C.
Obtains the permission of the owners where the filming takes place
on private property.
D.
Agrees to comply with all lawful directives issued by the Englewood
Police Department, Fire Department and other departments where deemed
necessary and to reimburse the City of Englewood for any police, fire
or other City personnel.
E.
Deliver to the City an escrow deposit in an amount equal to twice
the permit fee. Such escrow shall be held by the City pending completion
of the filming or the expiration of the permit. The escrow may be
used by the City to reimburse the City for any costs required to be
paid by the applicant hereunder.
F.
Provide notice to property owners of properties located and residents
residing within 200 feet of the property lines of the premises for
which the permit is requested as measured along public streets. Such
notice shall be in writing and shall advise the property owner or
resident of the date or dates upon which filming is to take place
and the location of the premises where the filming is to take place.
Such notice shall either be personally served or served by certified
mail/return receipt requested upon the property owners or residents
entitled to receive notice at least 48 hours prior to the commencement
of filming. Service by certified mail shall be complete upon the receipt
of such mail by the residents and property owners. Upon the written
request of the applicant, the City shall, within 72 hours, make and
certify a list from the current tax duplicates of the addresses of
property located within the City of Englewood within 200 feet of the
property lines of the premises for which the permit is requested,
together with the names and addresses of the record owners thereof.
Notice to owners and residents of properties in adjoining municipalities
shall be given by personal service or by certified mail to the Clerk
of such adjoining municipality. Failure to give notice to a resident
or property owner of premises not shown on the list shall not invalidate
the permit. Prior to commencing filming, the applicant shall file
an affidavit of proof of service with the City Clerk.
A.
In residential zones, filming shall be permitted only Monday through
Friday between the hours of 8:00 a.m. and 7:00 p.m. or sundown, whichever
is earlier.
B.
The holder of a permit shall conduct filming in such a manner as
to minimize the inconvenience or discomfort to adjoining property
owners attributable to such filming. The holder shall avoid any interference
with previously scheduled activities upon public lands and limit,
to the extent possible, any interference with normal public activity
on such public lands.
C.
The holder of a permit shall take all reasonable steps to minimize
the creation and spread of debris and rubbish during filming and shall
be responsible for removing all equipment, debris and other rubbish
from the filming location upon completion of filming or the expiration
of the permit, whichever comes first. Should the holder of the permit
fail to remove all equipment, debris and other rubbish within the
time period specified, the City may remove same at the expense of
the applicant, and the applicant shall reimburse the City for the
cost thereof.
D.
The applicant shall notify the City Clerk at least 72 hours before
filming in order to give the City Clerk sufficient opportunity to
notify the affected departments so that they may have an authorized
representative inspect the site and take such other measures as may
be necessary to protect the public health, safety or welfare.
E.
The holder of the permit shall comply with all lawful directives
issued by the Englewood Public Safety Department and comply with all
other applicable laws. When, in the judgment of the Director of Public
Safety, or his designee, the presence of police, fire or code enforcement
personnel is required in connection with the filming, the applicant
shall reimburse the City for the cost of such personnel.
F.
The holder of the permit shall not conduct filming in such a manner
as to preclude access to adjoining properties from the public street
or to encroach upon adjoining property without the express written
consent from the owner and occupant thereof.
G.
Vehicles used in connection with the filming, including vehicles
of personnel associated with such filming, shall be parked off the
public right-of-way to the maximum extent permitted. Vehicles should
not be parked so as to encroach upon private property without the
express written consent from the owner or occupant thereof. Vehicles
parked in the public right-of-way shall comply with all applicable
parking and traffic regulations. Vehicles parked or located in violation
hereof may be towed by the City of Englewood and the cost thereof
shall be reimbursed to the City by the applicant.
H.
The holder of the permit shall not suffer or permit any lights used in connection with the filming to shine directly into any windows upon any other property nor suffer or permit any noise, in excess of the limitation specified in Chapter 286, Noise, to extend across property lines. In the event of a violation hereof, the City may abate such violation and charge the cost thereof to the applicant who shall reimburse the City for such cost.
In accordance with the procedures governing the denial and revocation of permits appearing in Chapter 262, Licensing Regulations, the City Clerk may refuse to issue a permit or revoke a permit, whenever he determines, on the basis of objective facts and after a review of the application and a report thereon by the Police Department and by other agencies involved with the proposed filming site, that filming at the location and/or time set forth in the application would violate any law or ordinance or would unreasonably interfere with the public's use of public lands, unreasonably interfere with the use and enjoyment of adjoining properties, unreasonably impede the free flow of vehicular or pedestrian traffic or otherwise endanger the public's health, safety or welfare.
Any person aggrieved by a decision of the City Clerk granting, denying or revoking a permit may appeal to the City Council in accordance with the procedures governing such appeals appearing in Chapter 262 hereof.
The City Manager may authorize a waiver of any of the requirements
or limitations of this chapter is he determines that strict compliance
with such limitations will impose an unreasonable burden upon the
applicant and that such a permit may be issued without endangering
the public's health, safety and welfare; provided, however, that
the City Manager must report any such waiver to the City Council at
its next meeting giving the reasons for the waiver.
[Amended 12-2-1997 by Ord. No. 97-34[1]]
The fee schedule for permits authorized under this chapter shall be as provided for in Chapter 191, Fee Schedule.
The provisions of this chapter relating to the requirement for
and the issuance of permits shall not apply to the filming of news
stories; provided, however, that such filming shall comply with the
following regulations:
A.
In residential zones, such filming shall, to the extent possible,
occur only Monday through Friday between the hours of 8:00 a.m. and
7:00 p.m. or sundown, whichever is earlier.
B.
Such filming shall be conducted in such a manner as to minimize the
inconvenience or discomfort to adjoining property owners or the interference
with previously scheduled activities or normal public activities upon
public lands.
C.
Such filming shall be conducted so as to minimize the creation and
spread of debris and rubbish during filming and, upon the completion
of the filming, those conducting the filming shall remove all equipment,
debris and other rubbish from the filming location.
D.
To the extent practical, advance notification of such filming shall
be furnished to the City Clerk.
E.
Such filming shall comply with all lawful directives issued by the
Englewood Public Safety Department.
F.
Such filming shall be conducted in such a manner as not to preclude
access to adjoining properties from the public street or to encroach
upon adjoining property without the express written permission from
the owner and occupant thereof.
G.
Vehicles used in connection with the filming, including vehicles
of personnel associated with such filming, shall be parked off the
public right-of-way to the maximum extent permitted. Vehicles should
not be parked so as to encroach upon private property without the
express written consent from the owner or occupant thereof. Vehicles
parked in the public right-of-way shall comply with all applicable
parking and traffic regulations. Vehicles parked or located in violation
hereof may be towed by the City of Englewood, and the cost thereof
shall be reimbursed to the City by the owner thereof.
Any person violating any part of this chapter shall be subject
to a fine not to exceed $500 or imprisonment for a term not to exceed
90 days, or both.
