(a)
This
article is intended to protect the personal and property rights of
the city’s residents and businesses. The mayor may impose additional
regulations in the interest of public safety if deemed necessary.
(b)
These
guidelines cover requests for commercial use in the filming of movies,
TV shows, commercials, and related activities, of city-owned property,
city-owned equipment, city employees and private property which may
affect adjacent public or private property.
(Ordinance 318 adopted 6/9/09)
(a)
The
mayor may authorize the use of any street, right-of-way, or public
building, city-owned equipment, or city employees for commercial uses
in the filming or taping of movies, television programs, commercials,
training films and related activities.
(b)
The
city shall have full control over the use of public streets and buildings
of the city while being used, 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 public health, safety
or welfare.
(c)
The
city may inspect all structures, devices, and equipment to be used
in connection with the filming and taping if required by the mayor.
(Ordinance 318 adopted 6/9/09)
(a)
The
applicant shall pay for the costs of any police, fire, public works,
or other city personnel assigned to the project (whether specifically
requested by the applicant or not).
(b)
The
mayor has the authority to require additional police or fire coverage
if it is determined to be in the best interest for public safety.
Off-duty police officers or firefighters are to be paid one and one-half
their hourly rate.
(c)
The
mayor will provide the applicant an estimate of the additional city
personnel, other than the personnel requested by the applicant, necessary
for the safe completion of the project.
(Ordinance 318 adopted 6/9/09)
(a)
In
conjunction with the use of any street, right-of-way, public building,
name, trademark, logo, or equipment of the city, the mayor may require
that all or part of the fee specified or determined for such use be
paid in advance. A security or damage deposit may also be required
at the city manager’s discretion.
(b)
The
mayor shall establish a fee schedule for the use of city property
and city equipment. The mayor may, with respect to a specific request
for use of property or city equipment, establish rates that are adequate
to compensate the city for the use of that property or equipment if
the standard rate schedule is inapplicable or inappropriate for the
specific use proposed.
(c)
The
city shall have full control over the use of the name, trademark and
logo, public streets, and buildings of the city while being used,
as well as control over the hours of production and the general location
of the production.
(Ordinance 318 adopted 6/9/09)
The applicant shall provide a report listing the number of vehicles
and types of equipment to be used during the filming, including their
proposed hours of use and their proposed parking locations. Such locations
shall be specifically approved by the city so as to maintain traffic
safety. On-street parking, use of public parking lots, and use of
exterior lighting, power generators, or any other noise or light producing
equipment is subject to the mayor’s approval.
(Ordinance 318 adopted 6/9/09)
Unless special permission has been obtained from the mayor in
advance, filming will be limited to the hours of 7:00 a.m. to 9:00
p.m. on weekdays, 8:00 a.m. to 8:00 p.m. on Saturdays and holidays,
and noon to 7:00 p.m. on Sundays.
(Ordinance 318 adopted 6/9/09)
The applicant shall provide a short written description, approved
by the mayor, of the schedule for the proposed production to the owners
and residents of each property in the affected neighborhood. The description
shall provide a telephone number through which the residents of the
affected neighborhood may communicate to the applicant. The applicant
shall make reasonable attempts to accommodate the concerns of the
residents of the affected neighborhood, and shall report to the city
manager a summary of all such communications, along with the name,
address, and phone numbers of all contacted residents.
(Ordinance 318 adopted 6/9/09)
The producer shall provide a certificate of insurance, naming
the city as an additional insured, showing coverage in at least the
following amounts:
(1)
General
commercial liability, including bodily injury and property damage:
$1,000,000.00;
(2)
Automobile
liability (combined single limit): $1,000,000.00;
(3)
Umbrella
coverage: $5,000,000.00.
(Ordinance 318 adopted 6/9/09)
The applicant shall sign the following hold harmless agreement
holding the city harmless from any claim that may arise from their
use of designated public property, right-of-way, or equipment in conjunction
with the permitted use:
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I certify that I represent the firm which will be performing
the filming/taping at the locations specified on the attached permit
application. I further certify that I and my firm will perform in
accordance with the direction and specifications of the City of Onalaska
and that I and my firm will defend, indemnify and hold harmless the
City of Onalaska for and from any loss, damage, expense, claims and
costs of every nature and kind arising out of or in connection with
the filming/taping to this permit.
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(Ordinance 318 adopted 6/9/09)
The applicant agrees to pay in full, promptly upon receipt of
an invoice, the costs of repair for any and all damage to public or
private property, resulting from or in connection with the production,
and restore the property to its condition prior to production.
(Ordinance 318 adopted 6/9/09)
It shall be unlawful for any person to undertake a commercial
filming project unless a valid permit has been issued by the city.
Commercial filming projects underway before the effective date of
this article must be permitted within ninety days of the effective
date of this article.
(Ordinance 318 adopted 6/9/09)
(a)
Before
filing an application for filming, the applicant is encouraged to
contact the mayor to discuss the production’s specific filming
requirements and the feasibility of filming.
(b)
Application
for a commercial filming permit shall be made with the city secretary
by the commercial producer. The application shall be made on a form
designed by the city, and shall include the following information:
(1)
The title of the commercial, film, or photo shoot.
(2)
The type of production to be undertaken.
(3)
The location of the filming.
(4)
The dates of the filming.
(5)
Contact information for the production office, producer and location
manager.
(6)
Production schedule and activities, to include stunts, pyrotechnics,
special effects, aerial photography, amplified sound or use of animals.
(7)
Number of persons involved with the production, including cast and
crew.
(8)
Anticipated need of city personnel, equipment or property.
(9)
Description of any areas in which public access will be restricted
during production.
(10)
Description of any alterations that will be made to the property.
(11)
Number and type of production vehicles that will be used and the
locations where they will be stored.
(12)
Location where the crew will be fed, if not at the production location.
(13)
Location where extras will be held, if not at the production location.
(c)
The
application form shall include an acknowledgement by the applicant
of the restrictions provided, and an affirmation that the operations
to be conducted will comply.
(d)
The
mayor may request additional information if useful or necessary to
assist in making the necessary determinations.
(Ordinance 318 adopted 6/9/09)
(a)
The
application must be filed in advance of the commencement of filming
or any other substantial activity related to the project.
(b)
The
mayor may grant exceptions to this requirement for good cause.
(Ordinance 318 adopted 6/9/09)
An application processing fee in accordance with the city’s
schedule of fees should accompany each application for filming. The
mayor may waive this fee for nonprofit organizations.
(Ordinance 318 adopted 6/9/09)
No license granted under this division shall be deemed the granting
of a vested right, but such license shall remain subject to such legislation
as shall be promulgated by the city council by ordinance.
(Ordinance 318 adopted 6/9/09)
(a)
The
applicant shall not be entitled to a refund of any fees paid in accordance
with this division for any cause whatsoever.
(b)
A
license issued pursuant to this division shall be deemed personal
to the licensee and shall not be assignable. However, the license
may be transferred from one location or place of business to another
location after the mayor shall have been given five days’ notice
of such proposed transfer and the city has given consent thereto.
(c)
The
license shall expire 45 days after the last date of scheduled filming
on the application, unless an express expiration date is required
by the mayor.
(Ordinance 318 adopted 6/9/09)
