[HISTORY: Adopted by the Board of Trustees of the Village of Ocean
Beach 4-25-1998 by L.L. No. 4-1998. Amendments
noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 123.
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 equipment, for commercial or educational purposes, intended
for viewing on television or in theaters or for institutional use or for advertising
purposes. The provisions of this chapter shall not be deemed to include the
filming of news stories within the Village of Ocean Beach.
Any and every public walk, street, highway, sidewalk or square, public
park or playground or dock or bulkhead or other public place within the Village
of Ocean Beach which is within the jurisdiction and control of the Village
of Ocean Beach.
A.
No person, firm or corporation shall film or permit filming
within the Village of Ocean Beach without first obtaining a permit therefor,
which permit shall set for the location of such filming and the date or dates
when filming shall take place.
B.
Permits shall be obtained in the office of the Village Administrator during normal business hours. Applications for such permits shall be in a form approved by the Village Clerk and the Village Administrator and shall be accompanied by a permit fee as set forth in § 107-14. Incidental use of a public walk, sidewalk or street which does not result in the closing of the walk or street or sidewalk to public use shall not be considered filming on public land.
C.
Where filming takes place on private property, permission
of the owner must be obtained, in writing, and a village permit shall also
be required.
D.
One permit shall be required for each location.
No permit shall be issued for filming at a particular location in a
residential zone within the Village of Ocean Beach which would permit filming
at said location on more than four days during any one calendar year.
A.
No permit shall be issued for filming upon public lands
within the Village of Ocean Beach unless the applicant for such permit:
(1)
Provides proofs of insurance coverage as follows: for
bodily injury for any one person in the amount of $5,000,000 and for any aggregate
occurrence in the amount of $10,000,000 and for property damage for each occurrence
in the aggregate amount of $1,000,000.
(2)
Agrees, in writing, to indemnify save harmless the Village
of Ocean Beach from any and all liability or damages or expenses or claim
from the use of such public lands.
(3)
Posts a cash bond of $5,000 or a maintenance bond of
$10,000 running in favor of the village and protecting and insuring that the
location utilized will be left, after filming, in a satisfactory condition,
free of debris, rubbish and equipment and that due observance of all village
ordinances, laws and regulations will be followed. Within seven days of the
completion of the filming, the village will return the bond if there has been
no damage to public property or public expense caused by the filming.
B.
The Village Administrator may refuse to issue a permit
whenever he determines, on the basis of objective facts and after a review
of the application and a report thereon by the Police Department and by other
village agencies involved with the proposed filming site, that filming at
the location and/or the time set forth in the application would violate any
law or ordinance or would unreasonably interfere with the use and enjoyment
of adjoining properties, or unreasonably impede the free flow of vehicular
or pedestrian traffic or otherwise endanger the public's health, safety
or welfare. Further, the village reserves the right to require one or more
on-site police officers in situations where the proposed production may impede
the proper flow of traffic, the cost of said police officers to be borne by
the applicant as a cost of production. Where existing electrical power lines
are to be utilized by the production, an on-site licensed electrician may
be similarly required if the production company does not have a licensed electrician
on staff. The Village Administrator and/or Board may make such other requirements
or restrictions as in their sole discretion they deem necessary.
C.
Copies of the permit will be sent to the Police and Fire
Departments and Fire Marshal before filming takes place. The applicant shall
permit the Fire Marshal, Village Administrator or other village inspectors
to inspect the site and the equipment to be used. The applicant shall comply
with all safety instructions issued by the Fire Marshal, Village Administrator
or other village inspectors.
D.
In addition to any other fees or costs mentioned in this
chapter, the applicant shall reimburse the village for any lost revenue, repairs
to public property or other revenues that the village was prevented from earning
because of filming.
The holder of a permit shall take all reasonable steps to minimize interference
with the free passage of pedestrians and traffic over public lands and shall
comply with all lawful directives issued by the Village of Ocean Beach Police
Department with respect thereto.
The holder of a permit shall conduct filming in such a manner as to
minimize the inconvenience or discomfort to adjoining property owners attributable
to such filming and shall, to the extent practicable, abate noise and park
vehicles associated with such filming off the public streets and/or walks.
The holder shall avoid any interference with previously scheduled activities
upon public lands and limit, to the extent possible, any interference with
normal public activity on such public lands.
The holder of a permit shall take all reasonable steps to minimize the
creation and spread of debris and rubbish during filming and shall be responsible
for removing all equipment, debris and other rubbish from the filming location
upon the completion of filming or the expiration of the permit, whichever
comes first.
Filming shall be permitted only Monday through Friday between the hours
of 8:00 a.m. and 5:00 p.m. or sundown, whichever is earlier, in residential
zones and at such times as designated by the Village Board and/or Village
Administrator in its or his sole discretion in business zones.
A.
The Village Board and/or the Village Administrator may
refuse to issue a permit whenever it or she/he determines, on the basis of
objective facts and after a review of the application and a report thereon
by the Police Department and by other village agencies involved with the proposed
filming site, that filming at the location and/or the time set forth in the
application would violate any law or ordinance or would unreasonably interfere
with the public's use of public lands, unreasonably interfere with the
use and enjoyment of adjoining properties, unreasonably impede the free flow
of vehicular or pedestrian traffic or otherwise endanger the public's
health, safety or welfare.
B.
Any person aggrieved by a decision of the Village Administrator
denying or revoking a permit or a person requesting relief may appeal to the
Village Board. A written notice of appeal setting forth the reasons for the
appeal shall be filed with the Village Clerk. An appeal from the decision
of the Village Administrator shall be filed within 10 days of the Village
Administrator's decision. The Village Board shall set the matter down
for a public hearing within 30 days of the day on which the notice of appeal
was filed. The decision of the Village Board shall be in the form of a resolution.
A resolution supporting the decision of the Village Administrator or granting
relief shall be approved by the Village Board at the first regularly scheduled
public meeting of the Village Board after the hearing on the appeal, unless
the appellant agrees, in writing, to a later date for the decision. If such
a resolution is not adopted in the time required, the decision of the Village
Administrator shall be deemed to be reversed, and a permit shall be issued
in conformity with the application, or the relief shall be deemed denied.
The Village Board may authorize a waiver of any of the requirements
or limitations of this chapter and may authorize filming other than during
the hours herein described or may permit filming at a particular location
in a residential zone on more than four days during any one calendar year
or may waive any other limitation or requirement of this chapter whenever
it determines that strict compliance with such limitations will pose an unreasonable
burden upon the applicant and that such a permit may be issued without endangering
the public's health, safety or welfare.
The applicant shall notify the Village Fire Marshal, Fire Department,
Police Department and Village Administrator 24 hours before filming takes
place and permit them to inspect the site and the equipment to be used. The
applicant shall comply with all instructions issued by them.
The applicant will be required to hire one or more off-duty police officers when deemed necessary by the Police Chief in addition to those required by § 107-4 of this Chapter.
Permit fees shall be as follows:
Any person violating this chapter or any provision hereof or any rules
and regulations contained herein or promulgated hereunder shall be subject
to a fine not to exceed $1,000 or imprisonment for a term not to exceed 90
days, or both.
The provisions of this chapter shall not apply to the filming of news
stories within the Village of Ocean Beach.
