[HISTORY: Adopted by the Township Board of the Charter Township
of Huron 7-28-2010 by Ord. No.
10-01. Amendments noted where applicable.]
It is the purpose of this chapter to provide rules governing
the issuance of permits for filming motion picture, television, commercial
and non-theatrical filming activities on location within the Township.
The intent of this chapter is to ensure that still photographers and
motion picture, television, commercial and non-theatrical filming
companies will be encouraged to use locations for filming activities
within the Township so long as those activities are consistent with
the public safety and the protection of property.
As used in this chapter, the following terms shall have the
meaning indicated:
The person, organization, corporation, association or other
entity applying for a permit to film in the Township of Huron.
The Planning and Zoning Department as designated by the Township
Board to coordinate filming and issue film permits in the Township
of Huron.
Written authorization from the Township's representative
designated by Township Board to conduct the filming activity described
in the permit.
The staging, shooting, filming, videotaping, photographing,
or other similar process conducted for the making of still photographs,
motion pictures, television programs, video games, commercial and
non-theatrical film productions.
A filming activity conducted for the purpose of reporting
on persons, events, or scenes which are in the news for newspapers,
television news, and other news media.
The person, organization, corporation, association or other
entity issued a film permit under this policy.
Any street or road maintained by the Township and located
within the Township limits.
Includes all activity attendant to staging or shooting commercial
still photographs.
Filming activity conducted to fulfill a course requirement
by a student enrolled at a public or private school.
A fixed place of business where filming activities are regularly
conducted upon the premises.
The Charter Township of Huron as a municipal corporation
and existing pursuant to the laws of the State of Michigan.
It is unlawful to conduct a filming activity as defined in § 266-2 within the Township without first obtaining a film permit from the Film Development Office. A permit is issued by the Film Development Office for the purpose of filming on Township real property.
The provisions of this chapter shall not apply to any of the
following activities provided that the activity will not require the
closure of a public street, or substantially impede vehicular traffic
thereon:
C.
Filming activities conducted for use in a criminal investigation
or civil or criminal court proceeding;
D.
Noncommercial filming activities conducted on private property solely
for private or family use;
E.
Commercial still photography or staging thereof, when conducted to the exclusion of any other filming activity as defined in § 266-2, when the following conditions apply:
F.
Filming activities conducted by or for the Township.
A.
Applications for a film permit must be filed with the Film Development
Office a minimum of 20 business days in advance of the date the film
activity is to begin, except that of an application for a permit which
includes street closures as coordinated with Wayne County, stunts,
or pyrotechnics which must be filed a minimum of 20 business days
in advance of the first day of filming.
B.
No late applications will be processed by the Township unless the
Film Development Office determines that special circumstances exist
relative to the application which would have precluded its application
on a timely basis.
C.
Applicants are encouraged to submit applications at the earliest
advance date possible in order to facilitate coordination between
Township departments.
D.
Upon such showing of good cause, the Film Development Office shall
consider applications which are filed after the filing deadline if
there is sufficient time to process and investigate the application,
and for Township staff to prepare for the filming activity.
The permit application shall be on a form furnished by the Film
Development Office signed by the applicant or agent thereof. Such
form shall include, but not be limited to, the following information.
A.
The application shall be approved or denied within 20 business days
of receipt of the application unless the proposed filming activity
requires extensive review by other Township departments due to fire
or traffic safety. The film permit shall be approved by the Film Development
Office unless determined from consideration of the application or
other pertinent information, that any of the following conditions
exist:
(1)
The filming activity will substantially disrupt the use of a street
at a time when it is usually subject to traffic congestion, or interfere
with the operation of emergency vehicles in the proposed permit area.
(2)
The location of the filming activity will substantially interfere
with street maintenance work, or a previously authorized excavation
permit.
(3)
The proposed permit location is on Township property and the filming
activity will substantially interfere with other previously authorized
activities, contracts or safety of the public or employees while on
Township property.
(4)
The proposed permit location is on Township property and the filming
activity will substantially interfere with municipal functions or
the scheduled maintenance of Township buildings or grounds.
(5)
The filming activity creates a substantial risk of injury to persons
or damage to property.
(6)
The applicant failed to complete the application after being requested
to do so, or the information contained in the application is found
to be false in any material detail.
(7)
The particular filming activity would violate federal, state, or
local law including licensing or permit requirements.
B.
When the grounds for permit denial can be corrected by imposing reasonable
permit conditions, the Film Development Office may impose such conditions
rather than denying the permit.
The Film Development Office may condition the issuance of a film permit by imposing reasonable requirements
concerning the time, place, manner and duration of filming activities
as referenced on the "Terms and Conditions" attached to the film permit,
including but not limited to the following:
A.
Requirements for the presence of employees of the Township at the
applicant's expense, when required for the particular filming
activity;
B.
Requirements concerning posting of no-parking signs, placement of
traffic control devices, and employment of traffic and crowd control
monitors at the applicant's expense;
C.
Requirements concerning posting of the outer boundaries of the filming
activity, and providing advance notice to affected property owners/businesses;
D.
Requirements concerning the cleanup and restoration of public streets
and Township property employed in the filming activity;
E.
Restrictions concerning the use of Township employee services, vehicles,
and other equipment in the filming activity;
F.
Requirements that the applicant pay all fees, and obtain all permits
and licenses required for the filming activity under local, state
and federal law;
G.
Restrictions on the use of firearms, explosions, and other noise-creating
or hazardous devices which disturb the peace;
H.
Restrictions on the use of stunts involving pyrotechnics, open flame,
vehicle crashes, or other hazardous materials;
I.
Requirements concerning cover up of police, fire and other official
uniforms worn by actors, when the actors are not on camera;
J.
Restrictions concerning the use of Township logos, insignias, badges,
or decals for filming purposes;
K.
Restrictions on the daily hours the filming activity may be conducted
within the Township;
L.
Requirements concerning the Township's receipt of proper acknowledgment
for any assistance provided in making feature, television, or commercial
productions;
M.
Requirements concerning affirmative action and nondiscriminatory
practices for employment.
Upon reasonable notice by the permittee in advance of the filming
activity, the Film Development Office is authorized to change the
date for which the film permit has been issued without requiring a
new application or permit.
The applicant for a film permit shall procure and maintain for
the duration of the film activity insurance in the forms, types, and
amounts prescribed by the Township's Film Development Office.
A refundable security deposit may be required to cover any unanticipated
Township staff costs, cleanup costs, refund fees to user groups affected
by the film permit activities, and/or other expenses not included/anticipated
in the initial film permit fee calculation.
Prior to the issuance of the film permit, the permit applicant
must agree in writing to comply with the "Filming Permit Terms and
Conditions."
The permittee, and all agents, employees, and contractors of
the permittee at the filming activity site within the Township, shall
comply with the following requirements:
A.
The permittee shall comply in writing with all "Terms and Conditions"
of the film permit.
B.
The permittee shall not conduct a filming activity within the Township
not authorized by the film permit.
C.
The permittee shall comply with instructions made by the Huron Police
Department officer(s) assigned to police the filming activity site.
D.
The permittee shall comply with instructions made by Township employees
assigned to regulate the filming activity site.
E.
The permittee shall clean and restore all Township-owned property
utilized during the filming activity to the same condition as existed
prior to the filming activity.
F.
The permittee shall comply with this chapter and all other policies
and ordinances of the Township, state and federal law.
The applicant for a film permit may request that the Township
authorize a street closure on the film permit application. A short-term
encroachment permit may be granted by the Film Development Office
or his or her designee.
During the filming of any special effect or stunt requiring
the use of pyrotechnics or any material deemed hazardous, including
but not limited to fireworks, open flames, or explosives, the applicant
must obtain a fire permit from the Fire Department.
A.
Permit revocation. The Film Development Office may revoke the film permit if the permittee, or any agents, employees, or contractors of the permittee fail to comply with the requirements set forth in §§ 266-1 through 266-16, or if the Film Development Office determines after the permit is issued that the permit application was false in any material detail.
B.
Permit suspension. The Huron Police Department officer assigned to
police the filming activity site may suspend the film permit when
the filming activity poses an immediate hazard to persons or property
and the location manager will not, or cannot, prevent the hazard after
being instructed to do so by the officer.
The permit applicant or permittee may appeal a permit denial,
revocation, suspension, permit condition, insurance/fees requirement
or the Film Development Office's decision not to waive a deadline
set forth in this chapter. Such appeal shall be filed with the Township
Clerk's Office not later than five business days after the date
written notice of the decision is made. Failure to file timely appeal
shall result in a waiver to the right to appeal. The appeal shall
be heard by the Township Board. The decision of the Township Board
shall be final.
The violation of any provision of this chapter shall constitute
a misdemeanor, punishable by a fine of not more than $500 and costs
of prosecution or by imprisonment for not more than 90 days, or by
both such fine and imprisonment in the discretion of the court.
