[HISTORY: Adopted by the Board of Trustees
of the Village of Munsey Park 2-11-2004 by L.L. No. 1-2004 (Sec. G117 of the 1971
Code). Amendments noted where applicable.]
The Village has received a number of requests
in recent years to use public and private areas of the Village for
purposes of commercial filming. The Board of Trustees finds that it
is in the public interest to require a permit for such uses, to establish
standards that will govern applications for these permits, and to
minimize the impact of such activity on the residential community.
As used in this chapter, the following terms
shall have the meanings indicated:
The recording for commercial or business use on film, video
or other medium of motion pictures, commercials, documentaries, shows,
performances, athletic or sports events or other similar events or
activities, excluding still photography. As used herein, "filming"
shall include the use of public or private property for persons, equipment,
vehicles, props, cameras and any other items or materials used in
connection with such filming. The filming of home movies or videos
intended for the exclusive use of the owner and his/her immediate
family are exempt from this chapter and are not included within the
definition of filming.
The Incorporated Village of Munsey Park.
No person, firm, association, or corporation
shall commence filming within the Village unless a permit therefor
has been issued by the Village Board of Trustees.
A.
An application for a filming permit shall be made
on forms provided by the Village Clerk and shall contain at least
the following information:
(1)
Name, address and telephone number of the person or
entity making the film.
(2)
Name, address and telephone number of the location
coordinator or other contact person.
(3)
Purpose of the filming.
(4)
Specific location of each property to be used in the
filming.
(5)
Dates and times of the day that the property will
be used.
(6)
Name and address of the property owner.
(7)
Consent of the owner of the property.
(8)
Such other information as may be required by the Village
Board of Trustees.
B.
The Village Board of Trustees may grant, deny, or
grant the permit with restrictions and/or conditions. In its discretion,
the Board of Trustees may require a public hearing on the application,
and then, not less than 10 and no more than 20 days before the date
of the public hearing, the applicant shall serve, by certified mail,
return receipt requested, a written notice of the hearing, in a form
to be approved by the Village, upon all property owners within 500
feet of any location of the proposed filming and upon the Nassau County
Police Department and the Manhasset-Lakeville Fire Department. Proof
of such service shall be filed with the Village Clerk prior to the
public hearing.
C.
The Village Board of Trustees may deny an application
for a filming permit if it determines that such filming will create
a dangerous condition, unreasonably interfere with the use of the
Village streets or public places, or create a nuisance to the Village
residents.
A.
Every permit shall contain a date of commencement
and expiration as well as the specific hours during which filming
may occur.
B.
At no time shall filming or use of equipment be conducted
between the hours of 11:00 p.m. and 8:00 a.m., unless the Village
Board of Trustees provides for different hours in the permit.
C.
No filming shall commence prior to 10:00 a.m. on Sundays.
D.
The Village Board may vary any provisions of the Village
Code regarding noise or lighting, provided such variances do not create
a dangerous condition and are consistent with the public health, safety
and wealth.
E.
The Village Board of Trustees may place further reasonable
limitations on the hours of operation based on the needs of the particular
neighborhood or the existence of conflicting scheduling events.
[Amended 7-10-2013 by L.L. No. 5-2013]
A.
Fee. The
fee for a filming permit shall be $500, which shall be paid in cash
or check three days prior to the issuance of the permit.
B.
Liability
for expenses of the Village. The applicant shall be liable for and
shall pay any and all fees and expenses incurred by the Village with
regard to the filming, including but not limited to repairing Village
property damaged during the filming, using Village personnel or equipment
for purposes related to filming and outside of the normal course of
Village business, and legal fees of the Village Attorney. Such legal
fees shall be charged at an hourly rate, approved by the Board of
Trustees, multiplied by the number of hours or portions thereof that
the office of the Village Attorney actually spends on the application,
the preparation of the permit, and ensuring compliance with the terms
and conditions of the permit. All the foregoing fees and expenses
shall be consistent with fees for services then prevailing in the
community.
C.
Deposits. Before the issuance of any filming permit, the applicant shall deposit with the Village Clerk the sum of $15,000 to be used by the Village to defray the expenses listed in Subsection B hereof which are actually and necessarily incurred by the Village. If the deposit is insufficient to cover the expenses listed in Subsection B hereof, the applicant shall, at such time as fixed by the Village Clerk, deposit with the Village an amount deemed sufficient to defray all such expenses. If the amount deposited exceeds the actual expenses listed in Subsection B, the unused portion of such deposit shall be returned to the applicant within 60 days after the conclusion of the filming for which a permit is granted.
[1]
Editor’s Note: Former § 96-7, Incidental cost,
was repealed 7-10-2013 by L.L. No. 5-2013.
No permit shall be issued until the applicant
has deposited with the Village Clerk a certificate or policy of general
liability insurance, including personal injury and property damage
liability, in the amounts and in a form to be set by the Village Board
of Trustees in granting the permit, providing a defense and indemnity
from and against any claim, loss or damage resulting from the filming
for which the permit is issued. Such insurance will name the Village,
its officers, employees and representatives as additional insureds.
A.
The Village Clerk or such other Village official who
may be designated in the permit may suspend or revoke a filming permit
issued for any of the following reasons:
B.
A decision of the Village Clerk or such other Village
official to suspend or revoke a permit may be appealed to the Board
of Trustees, whose decision thereon shall be final. This decision
may be reviewed under the New York Civil Practice Law and Rules by
an Article 78 proceeding brought within 30 days of the filing of the
decision of the Board of Trustees in the Village Clerk's office.
C.
In the event that a permit is suspended or revoked,
the fees paid therefor shall be forfeited and shall not be refunded
to the applicant.
A.
Any person, firm or corporation who or which shall
violate or fail, neglect or refuse to comply with any provision of
this chapter or any determination made hereunder, or who shall undertake
filming without a permit therefor, shall, upon conviction thereof,
be punished by a fine of not more than $10,000 or by imprisonment
for not more than fifteen days, or by both such fine and imprisonment.
Each day that a violation continues shall be deemed a separate violation.
B.
In addition to the penalties set forth herein above,
a violation of this chapter shall constitute disorderly conduct, and
the Village may enforce any provision of this chapter by injunction
or by civil action to recover a civil penalty in an amount not to
exceed $10,000 for each violation.
