[HISTORY: Adopted by the City Council of the City of Roseville 6-9-2009 by Ord. No.
1221. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 133.
This chapter may be known and may be cited as the "City of Roseville
Film Permit Ordinance."
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
Commercials, motion pictures, television, video recordings,
or other photography produced by a nonprofit organization which qualifies
under Section 501(c)(3) of the Internal Revenue Code as a charitable
organization. No person, directly or indirectly, shall receive a profit
from the marketing and production of the film or from showing the
films, recordings, or photos.
The act(s) of undertaking, producing, or creating a video
recording or motion picture film. The term also includes the setup
and dismantling of all related equipment.
The film production office designated by the City Manager
of the City of Roseville.
The filming or video recording for the purpose of spontaneous,
unplanned, or on-scene television news broadcasting by reporters,
photographers, or camera operators, but not including magazine or
documentary programs filmed, edited, and prepared for commercial purposes.
A video recording or film for private or family use, including
but not limited to family event videos.
A motion picture film or video recording production by a
student of a public or private school or college where the production
is for school or college credit and for which no profit is taken.
The creation of a motion picture or film, whether by the
act of filming, undertaking a video recording production, or otherwise.
The use of video recording equipment to capture motion-picture
images, whether by videotape, digital media, or any other means.
Except as otherwise provided in this chapter, it is unlawful
for any person to engage in the business or activity of filming at
any place within the City, other than at or in an established motion-picture
or television studio or entirely within an enclosed structure or building
(with no outside storage of filming equipment) without a film permit
from the City. Any person interested in filming within the City shall
complete in full a film permit application that shall be submitted
to the City of Roseville. A film permit does not constitute or grant
permission to use or occupy property not owned, leased, or controlled
by the City.
The provisions of this chapter shall not apply to:
A.
Current news productions, which includes reporters, photographers,
or camera persons in the employment of a newspaper, news service,
broadcasting station, or similar entity engaged in the broadcasting
of news events;
B.
Education, government and public access and local origination programs
and productions for cable television systems franchised within the
City;
C.
The filming of competitive athletic events, parades, or other similar
events of a public nature, when in attendance as a member of the public
and a spectator;
D.
Private events filmed or photographed for noncommercial purposes,
such as private parties or weddings;
E.
The creation of a student film, unless the filming activities adversely
impact public ways or are conducted outdoors in residential areas;
F.
Local commercials (video or still photography) produced entirely
on private property for purposes of advertising local businesses and
merchants, so long as the equipment, personnel, and subject connected
with the commercials do not interfere in any way with the public right-of-way
or impact neighboring private property;
G.
The filming or video recording of motion pictures and activities
associated therewith which occur upon property which is owned or leased
for more than six months by the enterprise or individual conducting
the filming or video recording and none of the activities are open
to view by the general public. However, this exemption shall not be
construed to authorize the use of residential properties for commercial
enterprises that violate any laws, the City Code, or the City's
Zoning Ordinance;
H.
Films produced entirely for training of employees or personnel that
are produced within the employer's property and do not utilize
or adversely impact any public ways and are not produced outdoors
in residential areas; and
I.
Any other activity deemed to be in the public interest by the City
Manager.
The applicant for a permit required by this chapter shall supply
the following information on the application:
A.
Name, mailing address and telephone number of the applicant. If an
association, the applicant shall provide its full name. If a corporation,
the applicant shall provide the full name and the official address
thereof with the date and state of incorporation, the full name and
address of the resident agent, and attach to the application a copy
of the certificate from the state of incorporation indicating that
the corporation is in good standing. If a limited liability company,
the applicant shall provide the full name and the official address
thereof with the date and state of organization, the full name and
address of the resident agent, and attach to the application a copy
of the certificate from the state of organization indicating that
the company is in good standing;
B.
Name, address, and telephone number of the person in charge of the
location and responsible for the applicant's and applicant's
employees' conduct. The Film Office may also require that the
applicant provide the names and related information of association
members, corporate directors, partners, or others in a position of
responsibility with the applying entity;
C.
Name, address, and twenty-four-hour telephone number of at least
two persons to be contacted in the event of emergency situations which
might alter the conditions of the film permit;
D.
Name (or working title) of the film or project, a statement of the
kind, character, and type of proposed motion picture, television,
radio, and/or photographic production;
E.
Approximate number of individuals in the cast and crew;
F.
List of types and numbers of vehicles and other equipment;
G.
Special conditions or requests by the applicant, including requests
for special assistance at the location such as street closure, traffic
control, and emergency services;
H.
If the applicant intends to use either wild animals, chemicals, explosives,
or fire, or intends to engage in any other hazardous activity as deemed
by the City Manager, a statement to the effect and a description of
such activities with specificity;
I.
Each application shall be accompanied by a fee as follows:
(1)
A processing fee in an amount established by resolution of the City
Council to reimburse the City for the staff time required to evaluate
the application and establish conditions of approval. The processing
fee shall be waived for charitable and nonprofit organizations which
qualify under Section 501(c)(3) of the United States Internal Revenue
Code. The processing fee is nonrefundable.
(2)
A daily property use fee in an amount established by resolution of
the City Council to compensate the City for the use of the public
property and its unavailability for ordinary and usual purposes resulting
from the filming activity.
(3)
A monitoring fee to reimburse the City for staff time required to
monitor the filming activity, and for reasonable costs for other City
services or equipment approved for use during such activities, in
an amount as to be determined at the time of the City's review
of the permit application.
(4)
The processing fee shall be waived for the following if, in the discretion
of the City Manager, the City will benefit by doing so:
(a)
Productions conducted by a cable television company operating
under a franchise granted by the City which are not conducted on public
property, do not interfere with public rights-of-way, and which involve
fewer than two motor vehicles; and
(b)
Productions for wholly charitable or educational purposes and
from which no profit is derived, either directly or indirectly; and
(c)
A student film.
Each application for a permit required by this chapter shall
be accompanied by a detailed explanation, including plans, drawings
and diagrams where applicable, of the prospective permittee's
plans to provide for the following:
A.
The size or area of the property to be used, including a sketch of
the filming site showing placement of work trucks and production vehicles;
B.
A sketch of the base camp, if any, showing any off-street locations
for crew, parking, honeywagon, catering and nonessential production
vehicles;
C.
A traffic control plan of the exact filming location, listing roads
or lanes to be closed, if any;
D.
A description of the duration of the proposed activities and daily
hours of operation;
E.
The facilities for cleanup and waste disposal with written plans
and specifications thereof;
F.
A letter of notification of, and signatures from, businesses/neighborhoods
impacted by filming or related activities, if required by the Film
Office; and
G.
Insurance and bonding arrangements.
Upon receipt by the City Manager, or his/her designee, copies
of the application for a permit required by this chapter shall be
forwarded to the Police Chief, Fire Chief, Building Official, and
to such other appropriate public officials as the City Manager, or
his/her designee, deems necessary. Such officers, departments, and
officials shall review and investigate matters relevant to the application
and within four business days of receipt thereof shall report their
findings and recommendations to the City Manager, or his/her designee.
The requirements of this chapter are applicable whenever a permittee's
operations will utilize or impact City facilities or property as determined
by the City Manager.
A.
Liability insurance. As a condition of issuing such a filming permit,
the permittee shall furnish insurance with the City as a named insured
in an amount to be determined by the City Manager, 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/or property
damage to indemnify the City for damage to the City property arising
out of the permittee's activities. An additional minimum of $5,000,000
of such general liability insurance coverage shall be required in
the event motor vehicles, aircraft, helicopters, explosives, or pyrotechnics
are used in the activity. Such insurance shall be evidenced by the
standard general special endorsement form or the certificate of insurance
(public liability) form provided by the City Manager, or his/her designee.
The applicant shall also submit verification that adequate workers'
compensation insurance coverage is maintained.
B.
Hold harmless and indemnity agreement. An applicant shall execute
a hold harmless and indemnity agreement as provided by the City prior
to the issuance of a permit.
C.
Faithful performance bond. Before the issuance of a permit, the permittee
shall deposit a sum of money in the form of a cash bond, in an amount
determined by City Council resolution. The bond shall be in a form
approved by the City Attorney, conditioned upon the permittee's
faithful compliance with all of the terms and provisions of this chapter
and all applicable provisions of state or local law, and which shall
indemnify the City, its agents, officers, and employees and the City
Council against any and all loss, injury, or damage whatever arising
out of or in anyway connected with the filming activity and which
shall indemnify the owners of the property adjoining the filming site
for any costs attributable to cleaning up and/or removing debris,
trash, or other waste resultant from the filming activity.
D.
Security personnel. The permittee shall employ at its 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/her designee, is satisfied that such necessary and sufficient
security personnel will be provided by the permittee for the duration
of the assembly.
In processing an application for a permit required by this chapter,
the City Manager, or his/her designee, shall issue a permit as provided
for in this chapter when from a consideration of the application and
from such other information as may be otherwise obtained, he/she finds
that:
A.
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
to the Police Chief, or his/her designee.
B.
The conduct of such activity will not unduly interfere with normal
governmental or City operations or 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 deposited in advance
by the applicant.
C.
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, as defined in 1984 PA 343,
being MCL §§ 752.361 to 752.374.
D.
At the determination of the City Manager, or his/her designee, as
well as the City of Roseville Police, Fire and Building Departments,
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 aforementioned departments
or their designees.
E.
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 of Roseville in violation of 2008 PA 84, 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 as provided in 18 U.S.C. § 2557.
A filming permit, required by this chapter, may be denied if:
A.
The applicant fails to comply with any or all requirements of this chapter (including those set forth in § 135-9), or with any and all conditions imposed pursuant to this chapter, or with any other applicable provision of state, local, or federal laws, rules, or regulations.
B.
The applicant has knowingly made a false, misleading or fraudulent
statement in the application or in any supporting document.
The decision of the City Manager, or his/her designee, 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 prerequisites to the issuance of a permit
and where the permit is denied, notice thereof shall be mailed to
the applicant by certified mail within five days of such action. In
case of a permit denial, the reasons therefor shall be stated in the
notice.
A permit required by this chapter shall specify the name and
address of the permittee, the kind and location of the filming activity,
the maximum number of attendants permissible, the duration of the
permit and any other conditions imposed pursuant to this chapter.
It shall be posted in a conspicuous place upon the premises of the
filming activity and shall not be transferred to any other person
or location.
A permittee shall conduct operations in an orderly fashion with
continuous attention to the storage of equipment not in use, maintenance
of the area, and the cleanup of all trash and debris. The area shall
be cleaned of trash and debris within two hours of the completion
of the activity, or within such other time established in the permit
to the City's satisfaction. The applicant shall be responsible
for restoring any area damaged or disrupted before leaving the site.
If the site is not repaired or restored to the City's satisfaction,
the City Manager, or his/her designee, shall have the necessary restoration
and/or repairs performed, and the applicant shall reimburse the City
for such work within 10 days of completed filming. In the event the
applicant fails to reimburse the City, the City may secure its reimbursement
from the deposit or the bond that was posted by the permittee during
the application process. The amount of the bond shall no way limit
the permittee's liability or responsibility for the costs of
repairs or restoration in the event these costs exceed the bond amount.
A.
Permitted hours. It is prohibited for any person to commence or conduct,
or permit the commencement or conducting of, any filming in residentially
zoned neighborhoods, and any other neighborhoods within a three-hundred-foot
radius of a residential zone, except between the hours of 7:00 a.m.
and 10:00 p.m., Monday through Friday; 8:00 a.m. through 10:00 p.m.,
Saturday; and 9:00 a.m. through 10:00 p.m., Sunday; and City-specified
holidays.
B.
Exception; extended hours. Filming activity in residentially zoned
neighborhoods, and other neighborhoods located within a three-hundred-foot
radius of a residential zone, shall be permitted beyond those hours
set forth in this chapter if the permittee submits signatures of approval
from one adult resident of at least 70% of the dwelling units located
within a three-hundred-foot radius of the filming, at least 48 hours
prior to the scheduled start time of the filming. However, this signature
requirement may be waived by the City Manager if he determines that
the filming will not have any adverse effect upon the owners or occupants
of such dwelling units.
A.
No person shall close any City street or alley, unless first authorized
by the City.
B.
No person shall park a vehicle or place equipment associated with
filming on any street or alley, except where parking is lawfully permitted.
C.
The permittee shall post "No Parking" signs, as required by the City
Manager, at least 24 hours prior to the scheduled start time of the
filming.
A.
Any film permit may be revoked under the following circumstances:
(1)
Where it has been determined that the permittee has violated or has
failed to comply with any of the terms or conditions of the film permit;
(2)
Where it has been determined that the permittee has violated or has
failed to comply with any ordinances, resolutions, or applicable regulations;
(3)
Where it has been determined that the film permit was granted pursuant
to false or fraudulent information contained in the film permit application
or verbally provided to City officials;
(4)
Where it has subsequently been determined that filming activity will
fail to meet the criteria enumerated in this chapter for granting
a film permit; or
(5)
Where it has been determined that the preservation of the public
health, safety, and general welfare demand revocation of the film
permit.
B.
A notice of revocation shall be mailed to the permittee, by certified
mail, stating the grounds for revocation and advising the permittee
of the appeal rights afforded by this chapter.
C.
City officials with the authority to revoke a permit include the
City Manager, Police Chief, Fire Chief, or his/her designee.
D.
Revocation of a film permit shall be effective for a period of one
year. No permits shall be issued to any individual or entity found
to be in violation of this chapter for the subsequent one-year period
of time. Thereafter, film permits may be granted on a restricted or
conditional basis to ensure that the offender does not violate this
chapter again.
E.
Violation of any of the provisions of this chapter or any of the terms and conditions of a film permit shall be punishable as set forth in Chapter 1 of the City Code. In addition, it shall be a misdemeanor to:
(1)
Provide false or fraudulent information to the City during the permit
application process;
(2)
Provide any false or fraudulent information after the permit has
been issued, including but not limited to the possession or existence
of consent or permission from property owners when required; or
(3)
Fail or refuse to cease any film activities when ordered to do so
by a City official due to violations of any code, ordinance, or this
chapter.
Any filming, video recordings, or related activity conducted
contrary to the provisions of this chapter shall be and is hereby
declared to be an unlawful action and a public nuisance. The City
Council may authorize the commencement of an action at law or in equity
in the name of the City in any court of competent jurisdiction against
the permittee to ensure compliance with the terms of this chapter.
All remedies prescribed herein will be cumulative and the use of any
one or more remedies by the City shall not bar the use of any other
remedy for the purpose of enforcing the provisions of this chapter,
nor shall the City's delay or failure to exercise any remedy
result in a waiver of same.
