[HISTORY: Adopted by the Village Council
of the Village of Ridgewood 5-11-1992 by Ord. No. 2359; amended in its entirety 10-11-2006 by Ord. No.
3017. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 145.
The Mayor and Council of the Village of Ridgewood
recognize that the Village historic sites, pristine homes and quaint
central business district are attractive to individuals, organizations,
groups, commercial filming businesses and other entities involved
in the business of still photography, motion pictures, television
and/or other forms of commercial filming. Such activities described
above may create, particularly when operated or conducted in a residential
zone or central business district, traffic and safety concerns and
other encroachments to the public safety, health and welfare of the
Ridgewood community and its residents. Due to the impact of these
activities, particularly the time, location and duration of the filming
and the accessory vehicles or structures utilized in conjunction therewith,
the Village has decided to regulate such activities through the issuance
of permits. The purpose of this chapter is to set forth the requirements
and restrictions governing the issuance of such permits.
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, for commercial or educational purposes,
intended for viewing on video receivers or television or in theaters
or for institutional use or for catalog or magazine layout or other
printed medium.
Any and every public street, highway or sidewalk within the
Village which is within the jurisdiction and control of the Village.
A.
General. A permit issued pursuant to this chapter
is required prior to any person or entity engaging in the activity
of filming within the geographic boundaries of the Village. An application
for such permit must be made and delivered as complete at least seven
working days prior to the first date filming is to take place.
B.
Permits shall be obtained from the office of the Village
Manager or other designated office during normal business hours. Applications
for such permits shall be in a form approved by the Village Manager
and shall be accompanied by a permit fee and all required documentation
and information pursuant to this chapter.
C.
Permit fee. The Village Manager or his/her designee
shall calculate the permit fee to be paid by an applicant as follows:
(2)
Traffic control fee. A fee for necessary police services shall be paid upon the issuance of the permit if the Chief of Police or his/her designee determines traffic control assistance is necessary pursuant to § 147-7A at the rates established by Chapter 145, § 145-4, for such services.
[Amended 1-14-2015 by Ord. No.
3452]
(3)
Clean-up deposit. A separate deposit as set forth in Chapter 145, Fees, shall be paid by the approved applicant and shall be held in escrow pending review of the clean up of filming sites. Said fee shall be determined by the Village Manager based solely on his/her discretion, based upon the perceived extent of filming and work associated with the proposed filming site.
A.
Form. The application form is to be determined by
the Village Manager and may be obtained at the Village Manager's Office
or other designated office.
B.
The information requested on the application form
shall include, without limitation, the following:
(1)
Name and address of the applicant;
(2)
Proposed location, dates and hours of the filming
at each location;
(3)
Affidavit of owners' consent for filming at each location;
(4)
Number of members of the cast and crew who will be
present at the film site for each location;
(5)
The number of vehicles to be present at the filming
site at each location, including make and model and license plate
of each vehicle and whether the entire group of vehicles can and will
be legally parked off the street at each location; and
(6)
The name, address and telephone number of the individual
in charge of cast and crew.
A.
No permit shall be issued for filming in the Village
of Ridgewood unless the applicant for such permit:
(1)
Notifies all property owners within 100 feet of each
film site in a residential district at least seven days prior to the
date of each filming of the intent to film at each location. Such
property owner list may be acquired at the Village Assessor's office.
(2)
Provides proof of insurance in the name of the applicant,
person or entity with coverage for bodily injury for one person in
the amount of $1,000,000 and an aggregate occurrence of $3,000,000.
The Village of Ridgewood shall be named as an additional insured in
the coverage and a certificate of insurance shall be delivered to
the Village Manager's office at the time the application is submitted.
(3)
Agrees in writing to indemnify the Village and hold
it harmless from any and all claims and liability and pay costs of
suit and attorneys' fees expended by the Village to defend any such
claim that may arise out of the filming activity permitted.
B.
Restrictions. No permit shall be issued for filming
in the Village that involves:
(1)
Pyrotechnics, explosives, or other activity deemed
to be dangerous, unsafe or a threat to public safety by the Village
Manager or his/her designee;
(2)
Filming within 100 feet of any school within one hour
before and after the opening and closing of that school on any day
the school is in session; and
(3)
Filming at a time earlier than 8:00 a.m. or later
than 7:00 p.m. in each day designated for filming.
C.
Requirements of filming:
(1)
The holder of a permit shall take all reasonable steps
to minimize interference with the free passage of pedestrians and
traffic over impacted public lands and shall comply with all directives
of the Village Police Department.
(2)
The holder of a permit shall conduct filming in such
a manner as to minimize the inconvenience or intrusion of adjoining
property owners attributable to such filming and shall abate, revise
and park all vehicles associated with filming off public streets.
The holder shall avoid any interference with previously scheduled
activities upon public lands and limit interference with normal public
activity at such public lands.
(3)
The holder of a permit shall take all reasonable steps
to minimize the creation and spread of debris and other rubbish from
the filming location upon completion for each day.
A.
No permit shall issue for filming within the Village
at a specified location for more than three consecutive days and for
more than six days during any one calendar year.
B.
Any deviation from the permitted filming plan or application
must be expressly permitted by the Village Manager or his/her designee
in writing.
A.
In the event that the Chief of Police or his/her designee determines that police officers or traffic control officers will be necessary for the protection of the citizens or for the control of traffic during the filming, the applicant shall submit to the Village Manager or his/her designee a fee covering the cost of such police services at the rates established by Chapter 145, § 145-4, for such services. Said fees shall be paid in advance before the issuance of said permit pursuant to Chapter 147, § 147-3C(2).
[Amended 1-14-2015 by Ord. No.
3452]
B.
If the Chief of Police determines that the traffic
control fee will be fully expended prior to the termination of the
permit period, the Chief of Police shall notify the Village Manager.
The Village Manager or his/her designee shall contact the applicant
in writing and require payment of an additional sum of money, said
specific amount to be determined by the Chief of Police based on the
number of hours to be worked by the police and traffic control personnel.
Said additional traffic control fee shall be paid within seven days
of the notice. The applicant's failure to pay such additional fee
within said seven-day period shall result in the Village Manager or
his/her designee providing the applicant with written notice that
the permit has been suspended and the date of such suspension. The
applicant's receipt of the Village Manager's suspension notice shall
not be construed as altering the date of suspension set forth in said
written notice, the effective date of the suspension being the day
immediately following the completion of the seven-day notice period.
C.
The procedure set forth in Subsection B may be repeated as necessary to ensure that the applicant pays for all costs incurred by the Village in providing traffic control services.
D.
After termination of the filming, the Chief of Police shall provide the applicant with a statement regarding the actual cost to the Village of providing said police officers or traffic control officers. If the actual cost is less than the moneys that the Village has collected pursuant to Subsection A, B, or C above, the Village shall remit the balance to the applicant. If the actual cost is more than the moneys that the Village has collected pursuant to Subsection A, B, or C, the applicant shall be responsible for providing the balance to the Village within 30 days of the termination of the filming or still photography.
E.
The Chief of Police shall forward a copy of the statement
of actual cost to the Village Manager or his/her designee who will
file said statement with the original application form.
The Village Manager or his/her designee may
refuse to issue a permit or revoke an issued permit whenever he/she
determines, on the basis of objective facts and after a review of
the application and/or a report thereon by the Police Department and
by other Village 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 or entity aggrieved by a decision
of the Village Manager or his/her designee denying or revoking a permit,
such person or entity may appeal to the Village Council by submitting
a written notice of appeal setting forth the reasons for the appeal
which shall be filed with the Village Clerk. An appeal from any such
decision of the Village Manager or his/her designee shall be filed
within 10 days of the date of that decision. The Mayor and Council
shall set the matter down for a hearing within 30 days of the day
on which the notice of appeal was filed. The decision of the Village
Council shall be in the form of a resolution. A resolution memorializing
the decision of the Village Council shall be approved at the first
regularly scheduled public meeting of the Village Council after the
hearing on the appeal unless the appellant agrees in writing to a
later date for the decision. If such a resolution is not adopted within
the time required, the decision of the Village Manager shall be deemed
to be reversed and a permit shall be issued in conformity with the
application or the relief requested in the appeal.
A.
The Village Manager or his/her designee may authorize
a waiver of any of the requirements or limitations of this chapter
and may authorize filming other than during the hours herein described
or may extend the duration of a permit or may waive any other limitation
or requirement of this chapter whenever he determines that strict
compliance with such limitations will pose an unreasonable burden
upon the applicant and that such a permit may be issued without endangering
the public's health, safety and welfare.
B.
The applicant shall notify the Fire Department and
the Police Department 24 hours before filming takes place and permit
the Fire Department and the Police Department to inspect the site
and the equipment to be used. The applicant shall comply with all
fire and safety instructions issued by the Fire Department and the
Police Department.
The provisions of this chapter shall not apply
to the filming of news stories within the Village of Ridgewood.
