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O-16-30VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -16 -30 AN ORDINANCE AMENDING ARTICLE 3 ( "FILM PRODUCTION ") OF CHAPTER 14 ( "LICENSES ") OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 21st day of November , 2016. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 21st day of November , 2016. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -16 -30 AN ORDINANCE AMENDING ARTICLE 3 ( "FILM PRODUCTION ") OF CHAPTER 14 ( "LICENSES ") OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD WHEREAS, the Village of Deerfield licenses and regulates the use of public and private property in the Village for commercial film production activities to avoid unreasonable and unnecessary disruptions to the community, to protect the rights of the public to the safe and normal use of public streets, rights -of -way and property, and to generally protect and safeguard public health, safety and welfare; and WHEREAS, the corporate authorities of the Village of Deerfield have determined that film production regulations contained in Article 3 ("Film Production" of Chapter 14 ( "Licenses' of the Municipal Code of the Village of Deerfield should be amended as provided herein to include commercial still photography productions in the definition of film productions for which a license is required, and to also extend the number of film production days that could be authorized by the Village Manager from four (4 days to seven (7 days; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE. OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: That the definition of "Film Production" contained in Section 14 -37(a of Article 3 ("Film Production"of Chapter 14 ( "Licenses" of the Municipal Code of the Village of Deerfield be and the same is hereby amended to read as follows (additions are indicated by underlining and deletions are indicated by sti:ikeeut markings): (a) "Film Production" means the process of recording live action or photography on film, digital recording, magnetic tape or any other medium, for later commercial sale or distribution as a movie, television show, music video, advertising commercial or brochure, training film or educational program. SECTION 2: That the film production regulations contained in Section 14- 40(f)(1) of Article 3 ( "Film Production ") of Chapter 14 ( "Licenses ") of the Municipal Code of the Village of Deerfield be and the same is hereby amended to read as follows (additions are indicated by n rlin' and deletions are indicated by strikeeut markings): (1) Notification of Neighbors. The permit application shall be accompanied by proof that the applicant has initiated notification to all owners of record and occupants of all property situated within four hundred (400) linear feet, in each direction and on both sides of the street or streets of the location upon which filming is expected to occur, not less than five (5) days prior to the first day of the proposed film production schedule. The notice may be delivered personally, sent by U.S. mail, and /or given by posting signs at the location upon which the filming is expected to occur. The notice shall be in a form approved by the Village Manager and shall contain a written description of the proposed film production, including the proposed production schedule and the type of film production activities and film production equipment the applicant proposes to use. The notice shall state that the owner of record and the property's occupants may submit any written comments and objections to the Village Manager within three (3) days from receipt of the notice. The notice shall also clearly state that the film production at any proposed location will be permitted only with the approval of the Village Board if the proposed film production will last more than #'ewi: (4) seven days. SECTION 3: That the film production regulations contained in Section 14 -45 ( "Issuance or Denial of Permit") of Article 3 ( "Film Production ") of Chapter 14 ( "Licenses ") of the Municipal Code of the Village of Deerfield be and the same is hereby amended to read as follows (additions are indicated by underlining and deletions are indicated by strikeeu markings): Sec. 14 -45. Issuance or Denial of Permit. -2- (a) Permits for More than —rew Semen Days. The final determination on the issuance of any permit for film production lasting for more than feur (4) sev n days shall be made by the Village Board. Upon completing his review of all such applications, the Village Manager shall submit a report to the Village Board, summarizing the factual circumstances surrounding the proposed film production and identifying all Village resources that will be used or affected by the film production activities. The Village Manager's report may also contain recommendations regarding issuance of the permit, conditions to be incorporated into the permit if it is issued, and the estimated film production activities charges. (b) Permits for Up to PEmf Seven Days. The final determination on the issuance of any permit for film production lasting for four (4) days or less shall be made by the Village Manager. If the Village Manager determines that the circumstances of any such film production warrant consideration by the Village Board, the Village Manager may refer the application to the Village Board for final decision. The referral shall be accompanied by the same type of report as is required for applications subject to final decision by the Village Board under subsection (a) of this section. (c) Permits for Same Zoning Lot. Not more than four (4) film production permits, for not more than an aggregate total of twelve (12) film production days, shall be issued for the same zoning lot during any twelve (12) month period. Additional permits may be approved by the Village Board. (d) Final Permit Decisions. The decision of the Village Manager or, where applicable, the Village Board on the issuance or denial of film production permit shall be final. SECTION 4: That this Ordinance, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. -3- SECTION 5: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. PASSED this 21st day of November , 2016. AYES: Farkas, Jester, Seiden, Struthers NAYS: None ABSENT: Nadler, Shapiro ABSTAIN: None APPROVED this 21st day of November , 2016. ATTEST e Clerl g in Village Pre ident