[HISTORY: Adopted by the Board of Trustees of the Village
of Poquott 2-10-2011 by L.L. No. 2-2011. Amendments noted where applicable.]
A.
This chapter shall be entitled "A Local Law Regulating Filming within
the Village of Poquott."
B.
Enactment. Pursuant to Section 10 of the Home Rule Law, the Incorporated
Village of Poquott, County of Suffolk, State of New York, hereby enacts
this chapter of the Incorporated Village of Poquott.
C.
Effective date. This chapter shall become effective upon adoption.
The Village Board of the Village of Poquott recognizes that
the Village's natural beauty and historical sites are attractive
to individuals, organizations, corporations, groups and other entities
involved in the businesses of still photography, motion pictures and
television. Because such filming activities may create a threat to
public safety, health or welfare due to the time, location or duration
of the filming, or may unduly interfere with vehicular and/or pedestrian
traffic, the Village desires to regulate such activities through the
issuance of permits. The purpose of this chapter is to set forth the
procedure governing such permit process.
As used in this chapter, the following terms shall have the
meanings indicated:
The taking of still or motion pictures, either on film, videotape
or similar recording medium, for commercial or educational purposes
intended for viewing on television or in theaters or for institutional
use.
Shall include agents, assigns, workers, employees, contractors,
subcontractors,
The taking of still or motion pictures, either on film, videotape
or similar recording medium, for commercial or educational purposes
intended for viewing on television or in theaters or for institutional
use.
Includes Village streets, sidewalks and parking areas, Village
beaches and parks, Village buildings and other public facilities.
General. A permit issued pursuant to this chapter is required
prior to any person, organization, corporation, group or other entity
engaging in the activity of filming or photographing a commercial,
movie, documentary, television program, catalog or magazine layout,
commercial website, or any other presentation, on private property
or upon public property.
A.
Application form. An applicant may obtain an application form from
the Village Clerk. The information requested on the application form
shall include, without limitation, the following:
B.
Submission to Village Clerk. The following materials shall be submitted
by the applicant to the Village Clerk at least 14 days before the
proposed date to start the filming or still photography:
C.
Review by Code Enforcement. The Village Clerk shall forward the application
to the Code Enforcement Supervisor for a recommendation to the Village
Board of Trustees as to whether the proposed filming or still photography
will constitute a threat to public safety, health or welfare by reason
of time, location or duration of the activity or will unduly interfere
with vehicular and/or pedestrian traffic. The recommendation of the
application by the Code Enforcement Supervisor or his designee, may
be conditioned on the payment of the traffic control fee set forth
in this chapter. The Code Enforcement Supervisor shall send his recommendation
upon the application back to the Village Clerk.
D.
The full and complete permit application will then be presented to
the Board of Trustees for a determination as to whether the application
will be granted or denied.
A.
In determining whether to grant such permit, the Board of Trustees
shall consider whether the proposed filming activity may unduly obstruct
traffic (vehicular and/or pedestrian) or create any other hazardous
or injurious condition or unduly disturb the peace or good order of
the neighborhood or the Village, and the Trustees shall consider whether
the proposed filming activity is reasonable and suitable under the
circumstances involved.
B.
After considering the above standards, the Trustees by majority vote
shall either grant or deny the issuance of the permit.
In the event that the permit application is issued, the applicant
must pay a permit fee to the Village. The Village Clerk shall calculate
the permit fee required to be paid by an approved applicant as follows:
A.
Film fee. The fee for such permit shall be as established from time
to time by resolution of the Village Board of Trustees. Such Board
may establish fees in different amounts, based upon the type of filming
activity, the period of time (number of days) involved, the location
involved and the cost of any necessary traffic control or other services.
The fee for such permit shall be paid prior to issuance of such permit.
The Village Clerk shall countersign an approved application. The Village Clerk shall collect the permit fee calculated pursuant to § 76-7, pursuant to this chapter, from the applicant. Payment of the permit fee shall be in the form specified in § 76-12, pursuant to this chapter. Upon payment of the permit fee, the Village Clerk shall issue the permit to the applicant. The permit shall set forth the name of the applicant and the location(s), date(s) and time(s) of the filming or still photography.
Permits are nonassignable. No issued permit may be assigned
to any person, entity, partnership, or corporation.
A.
In the event that the Code Enforcement Supervisor or his designee determines that code enforcement officers or traffic control officers will be necessary for the protection of the citizens or for the control of traffic during the filming or still photography, the applicant shall submit to the Village Clerk a fee of $300 for each four-hour period in the permit, pursuant to § 76-7, pursuant to this chapter.
B.
If the Code Enforcement Supervisor determines that the traffic control
fee will be fully expended prior to the termination of the permit
period, the Code Enforcement Supervisor shall notify the Village Clerk.
The Village Clerk shall contact the applicant in writing and require
payment of an additional sum of money, said specific amount to be
determined by the Code Enforcement Supervisor based on the salaries
and the number of hours to be worked by the Village Code Enforcement
Officers and/or traffic control personnel. Said additional traffic
control fee shall be paid within five days of said notice. The applicant's
failure to pay such additional fee within said five-day period shall
result in the Village Clerk's 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 Clerk'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 five-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 Village Clerk shall provide the applicant with a statement regarding the actual cost to the Village of providing said code enforcement 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, 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 Code Enforcement Supervisor shall forward a copy of the statement
of actual cost to the Village Clerk who will file said statement with
the original application form.
F.
Failure to abide with the requirements of this section shall result
in the immediate revocation of the permit.
A.
Each applicant whose application has been approved shall give the
Village Clerk a certified check in the amount of $500 for each day
covered by the permit, which check shall be held and not deposited
by the Village during the duration of the permit period.
B.
At any time during the pendency of the permit period, or upon the
completion of the permit period, the Village Commissioner of Parks
and Commissioner of Roads shall inspect the locations listed on the
permit, and areas used by the permittee and determine if the locations
require cleanup or repair by the Village personnel.
C.
If cleanup or repair is required, the Village Commissioner of Parks and Commissioner of Roads, as appropriate, will coordinate that cleanup and/or repair effort. Said Commissioner will provide the Village Clerk with a statement setting forth the actual cost to the Village of providing said cleanup and/or repair services. If the actual cost is less than the deposit collected pursuant to Subsection A, the Village shall remit the balance to the applicant. If the actual cost is more than the deposit collected pursuant to Subsection A, the applicant shall be responsible for providing the balance to the Village within 10 days of service of the balance required upon the applicant.
D.
If no cleanup is required, the Village Commissioner shall notify
the Village Clerk of that fact, and the Village Clerk shall promptly
remit the certified check to the applicant.
E.
Failure to abide with the requirements of this section shall result
in the immediate revocation of the permit.
Any fee collected under this chapter shall be paid either in
cash or by certified/ bank check made payable to the Village of Poquott
and shall be delivered to the Village Clerk.
Other than the required fees, the Village shall not accept any
donations from the applicant in connection with the granting of the
permit. In addition, no Village official or employee shall make a
recommendation to the applicant regarding a donation to a third party.
A permit holder shall be responsible for any and all damage
to Village property or facilities that may result from the permit
holder's activities. No alterations are to be made at filming
or photography sites, including, without limitation, cutting trees,
digging holes and trimming bushes, without the express authorization
of the Village Board.
Issuance of a permit pursuant to this chapter does not relieve
the permit holder of its duty to comply with all other Village local
laws, ordinances and regulations during the duration of the filming
or photography.
Every application for a permit pursuant to this chapter shall
include a certificate of insurance that evidences a public liability
insurance policy covering the Village as an additional insured in
the minimum amount of the $1,000,000 per occurrence for the duration
of the filming or still photography. The applicant shall also submit
an indemnification agreement that states that the applicant agrees
to assume all liability for and will indemnify and hold the Village
harmless of and free from any and all damages that occur to persons
or property by reason of said filming or still photography.
The permit holder shall be required to have the permit available
for inspection by the Village Code Enforcement Department, or its
designees, at the site of the filming or still photography for the
duration of the permit period.
An applicant which has been granted a permit may submit to the
Village Clerk a request to extend the duration of the permit. The
Code Enforcement Supervisor, shall provide a recommendation and the
Village Board of Trustees will make the decision whether or not to
grant such request. If permission is granted, the Village Clerk shall
collect from the applicant any additional fees for each additional
day added to the permit period. The Village Clerk shall then modify
the applicant's permit to indicate the granted extension period.
The Village Board of Trustees may revoke or suspend a duly issued
permit upon the following grounds:
A.
The permit holder fails to pay any fee, fine or assessment provided
in this chapter.
B.
The permit holder violates any provision of this chapter.
C.
The Village Board of Trustees determines that the conduct and/or
activities of the permit holder unduly obstructs traffic (vehicular
and/or pedestrian), creates any other hazardous or injurious condition,
unduly disturbs the peace or good order of the neighborhood or the
Village, or that the activity is not reasonably and suitable under
the circumstances involved.
A.
In addition to revocation, suspension or any of the afore-listed remedies available to the Village, any action by any person, organization, corporation, group or other entity which violates or does not comply with any provision of this chapter shall be punishable by a fine of not less than $100 and not more than $2,500, for any such violation, and, in addition, anyone convicted hereunder of not complying with the requirements of § 76-10 and/or 76-11 may be subject to a fine of not less than the amount of the actual costs incurred and owed to the Village, and not more than an amount to twice said actual costs.
B.
Each continuing day of violation of this chapter shall constitute
a separate offense.
C.
In addition to the above-provided penalties, the Village may also
maintain an action or proceeding in the name of the Village in a court
of competent jurisdiction to penalize, compel compliance with, or
to restrain by injunction the violation of this chapter.
