[HISTORY: Adopted by the Board of Trustees of the Village of Lynbrook 5-21-2012 by L.L. No. 2-2012. Amendments noted where applicable.]
The Village Board of the Village of Lynbrook recognizes that the Village's natural beauty and historical sights are attractive to 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.
A. 
A permit issued by the Village Clerk pursuant to this chapter is required prior to a person or an entity engaging in the activity of filming or photographing a commercial, movie, documentary, television program, catalogue or magazine layout or any other presentation (hereinafter "filming" or "filming or still photography") upon the streets, sidewalks or any other property owned by the Village.
B. 
Exemption. A permit pursuant to this chapter shall not be required if five or fewer individuals constitute the entire cast and crew engaged in one of the activities described in Subsection A above.
A. 
An applicant must file an application with the office of the Village Clerk providing the following information:
(1) 
The name and address of the applicant.
(2) 
A brief statement of the subject matter of the filming or still photography.
(3) 
The proposed location(s) of the filming or still photography.
(4) 
The date(s) and time(s) the permit is intended to cover.
(5) 
The number of the cast and crew.
(6) 
The number of vehicles to be employed by applicant.
(7) 
The name and telephone number of the individual in charge of the applicant's work on site.
B. 
The signed application shall be accompanied by the payment of a nonrefundable application fee of $100.
C. 
A photocopy of the declaration pages of the applicant's general liability insurance policy and additional insured endorsement naming the Village, its officers and employees. These documents are to be provided pursuant to § 122-9.
D. 
Administrative fee. The sum of $100 per day shall be paid for each day covered by the permit.
E. 
Cleanup deposit. A separate refundable payment in the amount of $250 per day for each day of filming shall be made pursuant to § 122-6.
F. 
The application shall be reviewed by the Chief of Police for his assessment as to whether the filming project as proposed will constitute a threat to public safety, health or welfare by reason of the time, location or duration or nature of the activity or will unduly interfere with vehicular and/or pedestrian traffic. The findings by the Chief of Police shall be submitted to the Village Board with the application.
G. 
Traffic control fee. A fee of $1,000 shall be paid for each day covered by the permit if the Chief of Police, or his designee, requires payment of the traffic control fee pursuant to § 122-5.
H. 
Review by Village Attorney. The Clerk shall forward a copy of the insurance documents and indemnification agreement to the Village Attorney for review and approval.
The Village Clerk will send the completed and signed application to the Village Mayor together with a statement that all fees have been paid. The Village Mayor will approve a filming permit upon a finding that the health, safety and welfare of the residents, businesses and property are not at risk by the applicant's proposed filming project. The filming permit shall specify the dates and locations of the filming and any conditions deemed necessary by the Village.
In the event that the Chief of Police or his designee determines that police officers or traffic control officers will be necessary for the protection of the public or for the control of traffic during the filming or still photography, the applicant shall pay a traffic control fee in such sum as deemed appropriate under the prevailing circumstances by the Chief of Police for each day covered by the permit.
A. 
Each applicant shall deliver to the Village Clerk payment in the sum of $250 for each day covered by the proposed permit as a deposit for Village clean-up if required.
B. 
At the termination of each day of the permit, the Village Superintendent of Department of Public Works shall inspect the locations listed on the permit and determine if the locations require cleanup work by Village personnel.
C. 
If cleanup is required, the Superintendent of DPW shall arrange for the cleanup work to be performed by DPW personnel. Said Superintendent will provide the Village Clerk with a statement setting forth the actual cost of the cleanup. The Clerk will transfer the cost for said cleanup to the Village general treasury and refund the balance of the cleanup deposit to the applicant within 30 days of the termination of the filming or still photography project.
D. 
If no cleanup is required, the Village Clerk shall return the entire cleanup deposit to the applicant within 30 days of the completion of the filming project.
All fees assessed under this chapter shall be paid by check made payable to the Village of Lynbrook and shall be delivered with the completed, signed application.
A permit holder shall be responsible for any damage to Village property or facilities that may result from the permit holder's activity. No alterations are to be made at filming or photography sites, including, without limitation, cutting trees, digging holes, trimming bushes, painting, and the like, without the express authorization of the Village Board.
Every application for a permit pursuant to this chapter shall include a photocopy of the declaration pages of the applicant's policy of comprehensive general liability insurance and a photocopy of the applicant's additional insured endorsement naming the Village, its officers and employees as additional insureds. The minimum amount of liability coverage is $1,000,000 per occurrence. The applicant shall also submit an indemnification agreement that states that the applicant agrees to indemnify and hold harmless the Village, its officers and employees for all liability for damages that may occur to persons or property by reason of said filming or still photography.
The permit holder shall have the permit available for inspection by the Police Department, or its designees, at the site of the filming for the duration of the permit.
A filming or related action by any person, organization, corporation, group or other entity which violates or does not comply with any provision of' this chapter shall constitute a violation and be punishable by a fine not less than $250 nor more than $1,000.
The provisions of this chapter are severable. If any provision of this chapter or its application to any person or circumstances is held invalid, said invalidity shall not affect any other provision or application of this chapter which can be given effect without the invalid provision or application of the chapter.