The Village has received a number of requests
in recent years to use public and private areas of the Village for
purposes of commercial filming. The Board of Trustees finds that it
is in the public interest to require a permit for such uses, to establish
standards that will govern applications for these permits, and to
minimize the impact of such activity on the residential community.
As used in this chapter, the following terms
shall have the meanings indicated:
FILMING
The recording for commercial or business use on film, video
or other medium of motion pictures, commercials, documentaries, shows,
performances, athletic or sports events or other similar events or
activities, excluding still photography. As used herein, "filming"
shall include the use of public or private property for persons, equipment,
vehicles, props, cameras and any other items or materials used in
connection with such filming. The filming of home movies or videos
intended for the exclusive use of the owner and his/her immediate
family are exempt from this chapter and are not included within the
definition of filming.
VILLAGE
The Incorporated Village of Munsey Park.
No person, firm, association, or corporation
shall commence filming within the Village unless a permit therefor
has been issued by the Village Board of Trustees.
[Amended 7-10-2013 by L.L. No. 5-2013]
A. Fee. The
fee for a filming permit shall be $500, which shall be paid in cash
or check three days prior to the issuance of the permit.
B. Liability
for expenses of the Village. The applicant shall be liable for and
shall pay any and all fees and expenses incurred by the Village with
regard to the filming, including but not limited to repairing Village
property damaged during the filming, using Village personnel or equipment
for purposes related to filming and outside of the normal course of
Village business, and legal fees of the Village Attorney. Such legal
fees shall be charged at an hourly rate, approved by the Board of
Trustees, multiplied by the number of hours or portions thereof that
the office of the Village Attorney actually spends on the application,
the preparation of the permit, and ensuring compliance with the terms
and conditions of the permit. All the foregoing fees and expenses
shall be consistent with fees for services then prevailing in the
community.
C. Deposits. Before the issuance of any filming permit, the applicant shall deposit with the Village Clerk the sum of $15,000 to be used by the Village to defray the expenses listed in Subsection
B hereof which are actually and necessarily incurred by the Village. If the deposit is insufficient to cover the expenses listed in Subsection
B hereof, the applicant shall, at such time as fixed by the Village Clerk, deposit with the Village an amount deemed sufficient to defray all such expenses. If the amount deposited exceeds the actual expenses listed in Subsection
B, the unused portion of such deposit shall be returned to the applicant within 60 days after the conclusion of the filming for which a permit is granted.
D. Form of payment. All fees and deposits required by this section shall be paid in the same manner as set forth in §
94-3 of the Village Code.
No permit shall be issued until the applicant
has deposited with the Village Clerk a certificate or policy of general
liability insurance, including personal injury and property damage
liability, in the amounts and in a form to be set by the Village Board
of Trustees in granting the permit, providing a defense and indemnity
from and against any claim, loss or damage resulting from the filming
for which the permit is issued. Such insurance will name the Village,
its officers, employees and representatives as additional insureds.