[HISTORY: Adopted by the Board of Trustees of the Village of Old Westbury 4-17-2023 by L.L. No. 2-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 83, Commercial Filming, adopted 3-19-2001 by L.L. No. 6-2001, as amended.
The Village has received a number of requests in recent years to use public and private areas of the Village for purposes of filming. The Village Board hereby finds that it is in the public interest to require a film permit for such use, to establish the standards that will govern applications for film 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:
FILM PERMIT
A permit issued by the Village Clerk, upon approval by the Village Board, to conduct filming in the Village.
FILMING
The recording, on film, video, or other medium, of motion pictures, commercials, documentaries, shows, performances, athletic or sports events, or other similar events or activities, excluding still photography. As used herein, "filming" shall include the use of public or private property for persons, equipment, vehicles, props, cameras, and any other items or materials used in connection with such filming. The filming of home movies or videos intended for the exclusive use of the owner and his/her immediate family are exempt from this chapter and are not included within the definition of "filming."
POLICE DEPARTMENT
The Old Westbury Police Department.
VILLAGE
The Incorporated Village of Old Westbury.
VILLAGE BOARD
The Board of Trustees of the Incorporated Village of Old Westbury.
No person, firm, association, or corporation shall commence filming or any setup/preparation therefor within the Village unless a film permit therefor has been issued by the Village Clerk.
A. 
An application for a film permit shall be made to the Village Board on forms provided by the Village Clerk and shall contain the following information:
(1) 
Name, address, email address, and telephone number of the person or entity making the film and of the location coordinator or other contact persons.
(2) 
Purpose of the filming.
(3) 
The street address and Nassau County Tax Map designation (section, block, lot) of the property where the filming, etc., is to take place.
(4) 
The dates and hours filming, prep, and breakdown are to occur, and any other dates that the applicant expects to be on premises.
(5) 
Name, address, email address, and phone number of the property owner where the filming will take place.
(6) 
Consent of the property owner to permit filming at the property on the dates and times listed in the application for a film permit.
(7) 
An estimate of the maximum number of cast and crew to be on site at any one time.
(8) 
A signed statement that the applicant affirms, under penalty of perjury, that all statements contained in the application for a film permit are true.
(9) 
Such other information as may be required by the Village Clerk or the Village Board.
B. 
In conducting the review, the Village Board shall communicate with the Police Department and other Village department(s) and officials regarding the application. Prior to the Village Board's consideration of an application, the Village Clerk shall submit to the Village Board a written recommendation from the Police Department and the other Village departments as to whether the proposed filming complies with § 83-5 of this chapter.
A. 
The Village Board, in its sole discretion, may grant, deny, or grant with restrictions and/or conditions applications for a film permit.
B. 
In considering whether to grant, deny, or grant with restrictions and/or conditions an application for a film permit, the Village Board may consider:
(1) 
Whether the issuance of a film permit will create a dangerous condition in the Village.
(2) 
Whether the issuance of a film permit will interfere with the use of Village or private streets, or public places in the Village.
(3) 
Whether the issuance of a film permit will create a nuisance to residents of the Village.
(4) 
Whether the issuance of a film permit will violate any provisions of the Village Code.
(5) 
Any facts or circumstances specific to the proposed filming that may impact the health, safety, and welfare of the residents of the Village.
C. 
Any person aggrieved by a decision of the Village Board may seek judicial review and relief pursuant to Article 78 of the Civil Practice Law and Rules of the State of New York.
A. 
Every film permit shall contain a date of commencement and expiration as well as the specific hours during which filming may 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 Board 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 film permit may be granted for any one residential property per calendar year, unless approved by the Village Board.
A. 
Application fee.
(1) 
Each application fee for a film permit shall be determined by the Village based on relevant facts and circumstances, including, but not limited to, the following:
(a) 
Location of the proposed filming.
(b) 
Duration of the filming and the proposed hours on site.
(c) 
Number of vehicles involved in the filming.
(d) 
Number of individuals working at the filming location.
(e) 
Location of the base camp.
(f) 
Security requirements, as determined by the Village, including police, fire, and emergency services.
(g) 
Impacts on adjacent and nearby properties and streets.
(h) 
Impacts on health, safety, and welfare of the Village's residents.
(i) 
Noise, lighting, and vibration impacts.
(j) 
Frequency of filming.
(k) 
All other related factors.
(2) 
This fee, however, may be waived in connection with filming done for a charitable, educational, personal service, or other similar nonprofit purpose.
B. 
Submission of application for a film permit. An application for a film permit shall be submitted to the Village at least 14 calendar days prior to the commencement of any filming.
The applicant shall pay the actual cost for the incidental use of any Village personnel, services, or equipment in connection with the filming.
No film 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 the 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 film permit is issued.
A. 
The Village Board is authorized to promulgate and adopt, by resolution of the Village Board, rules and regulations implementing the provisions of this chapter. Further, the Village Board shall have the authority to adopt amendments, additions, or revisions to such rules and regulations, from time to time, as the Village Board deems appropriate, by resolution of the Village Board.
B. 
A copy of the rules and regulations adopted by the Village Board pursuant to this chapter shall be maintained in the office of the Village Clerk and shall be available upon request.
A. 
The Village Clerk may suspend or revoke a film permit issued 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 film 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 film permit shall be appealable to the Village Board, whose decision thereon shall be final. The Village Board's decision may be reviewed under the New York Civil Practice Law and Rules by an Article 78 proceeding brought within 30 days of the filing of the decision in the office of the Village Clerk.
C. 
In the event that a film permit is suspended or revoked, the fees paid therefor shall be forfeited and shall not be refunded to the applicant.
The Village Board, upon consent of a majority of its members, after due consultation, may authorize a waiver of the requirements and/or limitations of this chapter whenever it determines that strict compliance with such limitations or requirements will pose an unreasonable burden upon the applicant and that such permit may be issued without endangering the public's health, safety, or welfare. In such instances, the Village Board may attach additional conditions and safeguards to ensure the orderly conduct of the activity and to minimize the impact of such use.
A. 
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $10,000 for each violation, regardless of any convictions for prior violations.
B. 
If the violation is of a continuing nature, each hour during which any of these offenses occurs shall constitute an additional, separate, and distinct offense.
C. 
In addition to any other remedy provided by law, the Village Board may commence an action to enjoin violations of this chapter.
D. 
If an applicant or the holder of a film permit violates any of the provisions of this chapter, no further film permits shall be issued to such applicant or permit holder for a period of one year after the date of the violation.