[HISTORY: Adopted by the Board of Trustees of the Village of Plandome Manor 1-20-2009 by L.L. No. 1-2009 (Ch. 14 of the 2005 Code). Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. I.
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 hereby finds that it is in the public interest to require a permit for such use, to establish the 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:
FILMING
The taking of still or motion pictures on any type of analog or digital recording medium, for commercial, educational or institutional purposes, intended for viewing on any device, including, but not limited to, television, projector screen, computer, smartphone, tablet, or other electronic device, or for viewing over the Internet or in any place of public assembly, or for educational or institutional use. Filming includes all rehearsals, preparations, assembly and dismantling of all equipment and structures, including, but not limited to, scaffolding, lights, backdrops, tools and food, and the loading and unloading of vehicles containing the equipment, structures and food.
[Amended 1-21-2020 by Ord. No. 2-2020]
HANDHELD DEVICE
[Added 1-21-2020 by Ord. No. 2-2020]
A. 
A film, still or television camera, video or digital camera, smartphone, tablet or other equipment held in the photographer's or filmmaker's hand, carried with the photographer or filmmaker during the course of filming, and not requiring the use of cables or any other item or equipment not carried by the photographer or filmmaker at all times during the course of photography, filming or transmission; or
B. 
A tripod used to support film, still, television, video or digital cameras.
VILLAGE
The Incorporated Village of Plandome Manor.
No person, firm, association or corporation shall commence filming within the Village unless a permit therefor has been issued by the Village Clerk.
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 Clerk.
B. 
The Village Clerk may grant, deny or grant the permit with restrictions and/or conditions.
C. 
The Village Clerk may deny an application for a filming permit if he/she determines, in writing, that it will create a dangerous condition, interfere with the use of the Village streets or public places, create a nuisance to the Village residents or violate any provisions of the Village Code.
A. 
Every permit shall contain a date of commencement and expiration as well as the specific hours during which filming will occur.
B. 
At no time shall filming or the use of equipment therefor be conducted between the hours of 11:00 p.m. and 8:00 a.m.
C. 
No filming shall commence prior to 10:00 a.m. on Sundays.
D. 
The Village Clerk may place further reasonable limitations on the hours of operation based on the needs of the particular neighborhood or the existence of conflicting scheduled events.
E. 
No more than three applications for a filming permit may be granted for any one residential property per calendar year, unless approved by the Board of Trustees.
The fee for a filming permit shall be as provided in the Village Fee Schedule,[2] which shall be paid in cash or check three business days prior to the issuance of the permit. This fee, however, shall be waived in connection with the filming done for a charitable, educational, public service, or other similar nonprofit purpose.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: See Ch. A228, Fees, Charges and Deposits.
The applicant shall pay the actual cost for the incidental use of any Village personnel, services or equipment in connection with the filming.
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 liability, in an amount not less than $1,000,000 bodily injury and property damage combined single limit, naming the Village as an additional insured, thereby providing a defense and indemnity from and against any claim, loss or damage resulting from the filming for which the permit is issued.
A. 
The Village Clerk may suspend or revoke a filming permit for any of the following reasons:
(1) 
Violation of any law, rule or regulation of the United States, the State of New York, the County of Nassau, the Village, or any department or agency thereof.
(2) 
Violation of any condition of the permit.
(3) 
Conduct that is detrimental to the health, safety or welfare of the public.
B. 
A decision of the Village Clerk to suspend or revoke a permit shall be appealable 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 Article 78 proceeding brought within 30 days of the filing of the Clerk's decision in his/her 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 rule or determination made thereunder, or who shall undertake filming without a permit therefor, shall, upon conviction thereof, be punished as provided in § 1-1B of this Code.
B. 
In addition to the penalties set forth hereinabove, the Village may enforce any provision of this chapter by injunction or by civil action to recover a civil penalty as provided in § 1-3 of this Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Added 1-21-2020 by Ord. No. 2-2020]
Notwithstanding the permit requirements of this chapter, the filming activities designated below do not require a permit to be obtained pursuant to this chapter, provided that such activity does not obstruct or interfere with the use of any public lands or private roads located within the Village. For purposes of this section, the term "obstruct or interfere with the use of any public lands or private roads located within the Village" shall mean any filming activity which impedes or which involves the blockage, interruption or closure, in whole or in part, of any public lands or private roads located within the Village.
A. 
Filming and coverage by news media.
B. 
Noncommercial filming by and intended for the exclusive use of the owner of private property and his/her immediate family.
C. 
Filming occurring on public lands or on private property resulting in an incidental use of public lands, and limited to the use of a handheld device, as defined herein.
D. 
Filming occurring on public lands for which the Village contracts with an applicant, or has otherwise established by local law, resolution, or by the rules and regulations adopted pursuant to this chapter a fee schedule and/or policy governing such activity. In such instances, said contract, fee schedule and/or policy shall apply.