[HISTORY: Adopted by the Town Board of the Town of Chester 7-27-2022 by L.L. No. 2-2022. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
FILMING
The recording of film, videotape or other medium of motion pictures, commercials, documentaries, shows, performances, athletic or sporting events, or other similar events or activities, including still photography. Filming by and intended for the exclusive use of the owner and his/her immediate family shall be excepted from this definition. Filming shall include setup and breakdown time.
PRIVATE PROPERTY
All areas within the Town of Chester other than public property, including areas zoned for residential and business uses.
PUBLIC PROPERTY
Any and every public building, street, highway, sidewalk or square, public park or playground or other public place within the jurisdiction and control of the Town of Chester.
A. 
No commercial, movie, television program, documentary or similar audiovisual production or any portion thereof shall be filmed, videotaped or recorded in any media format or otherwise made on any private property in the Town of Chester without first obtaining a permit from the Town Board. Filming in any district zoned commercial, industrial, residential or other shall be permitted subject to the following conditions:
(1) 
The property must be of adequate size.
(2) 
No heavy equipment may be permitted on lands containing septic tanks or leach fields.
(3) 
All vehicles associated with the filming must be contained on site. If said vehicles are not contained on the site, arrangements must have been previously made to lawfully park vehicles off site.
(4) 
Travel on local streets to the site is restricted from the hours of 7:00 a.m. to 10:00 p.m.
B. 
Application for a permit shall be submitted to the Town Board on a form to be provided by the Town Clerk.
C. 
Permit applications must be submitted at least 30 days' prior to the date any on-site activity in connection with filming is commenced.
D. 
Operational limitations:
(1) 
Filming shall not be conducted at the same location for more than 30 calendar days within any twelve-month period.
(2) 
Filming shall not be conducted at the same location within 14 days of another filming.
(3) 
No applicant shall allow any filming for which a permit has been issued to be conducted prior to 7:00 a.m. or after 10:00 p.m., unless expressly approved by the Town Board.
(4) 
No applicant shall allow equipment used in connection with permitted filming, including but not limited to lights, generators and related equipment, to be set up or operated at the location contained in the permit application prior to 7:00 a.m. or after 10:00 p.m., unless otherwise expressly approved by the Town Board.
(5) 
The Town Board may, in its discretion, waive any of the restrictions contained in this subsection and shall be permitted to impose reasonable conditions in doing so.
E. 
The Town Board shall have the authority to approve or disapprove of an application for a permit and to establish such conditions for filming as deemed necessary to protect the health, safety and welfare of the residents of the Town of Chester. The Town Board may also extend the hours of filming on public property, subject to any conditions and additional fees deemed necessary and appropriate.
F. 
A certificate of insurance must be submitted with the application, naming the Town of Chester as an additional insured and in compliance with all other conditions established by the Town Board in the following minimum amounts:
(1) 
Property damage: $2,000,000 per individual; $2,000,000 per occurrence.
(2) 
Personal injury: $2,000,000 per individual; $2,000,000 per occurrence.
A. 
No commercial, movie, television program, documentary or similar audiovisual production or any portion thereof shall be filmed, videotaped or recorded in any media format or otherwise made on any public property in the Town of Chester, including but not limited to streets, sidewalks, parks and buildings, or any bodies of water within the Town without first obtaining a permit from the Town Board. A permit shall be required for the running of cable, the placing or storing of equipment of any kind, the parking of vehicles or any other film-related activity on any public property or any other use of public property for the purpose of making audiovisual productions.
B. 
Application for a permit shall be submitted to the Town Board on an application form to be provided by the Town Clerk.
C. 
Permit applications must be submitted at least 30 days' prior to the date any on-site activity in connection with filming is commenced.
D. 
A certificate of insurance must be submitted with the application, naming the Town of Chester as an additional insured and in compliance with all other conditions established by the Town Board in the following minimum amounts:
(1) 
Property damage: $2,000,000 per individual; $2,000,000 per occurrence.
(2) 
Personal injury: $2,000,000 per individual; $2,000,000 per occurrence.
E. 
Operational limitations:
(1) 
No applicant shall allow any filming for which a permit has been issued to be conducted prior to 6:00 a.m. or after 12:00 midnight.
(2) 
No applicant shall allow equipment used in connection with permitted filming, including but not limited to lights, generators and related equipment, to be set up or operated at the location contained in the permit application prior to 6:00 a.m. or after 12:00 midnight.
F. 
The Town Board shall have the authority to approve or disapprove of an application for a permit and to establish such conditions for filming as deemed necessary to protect the health, safety and welfare of the residents of the Town of Chester. The Town Board may also extend the hours of filming on public property, subject to any conditions and additional fees deemed necessary and appropriate.
Any requests for film productions which will exceed five days must be submitted to the Town Board at least 30 days' prior to the date filming will take place. The Town Board may establish any fee it deems reasonable and appropriate for such filming.
A. 
Applicants shall be responsible for all costs incurred by the Town in assigning police, fire, public works or other Town employees to facilitate or monitor the filming process.
B. 
The decision to assign Town employees shall be the responsibility of the Town Board and the department heads.
C. 
Provisions for billing and collection of costs shall be determined at the time of the event.
A. 
Fees shall be adopted by resolution of the Town Board for:
(1) 
Filming by or for a not-for-profit organization or the filming of a documentary, for each day, on either private or public property.
(2) 
Filming by a production company for a commercial or a profit-making entity, for each day, on either private or public property.
B. 
The schedule of fees, once adopted by the Town Board, will be available for inspection in the office of the Town Clerk. The Town Board shall be permitted to raise the level of any fee due under this chapter when the circumstances warrant.
A. 
Any person or entity which violates the provisions set forth in this chapter shall be subject to a fine of not more than $500 per day for each day that the violation continues and/or imprisonment not to exceed 15 days.
B. 
The imposition of such penalty shall not be the Town's exclusive remedy in the event of a violation of this chapter. The Town may pursue any and all other legal remedies available in connection with any violation of this chapter.
C. 
Notwithstanding any section of this chapter, no applicant who has been previously convicted of a violation of this chapter shall be granted a permit hereunder for a period of 18 months from the date of such conviction.