No commercial, movie, documentary television
program, similar presentation or any portion thereof shall be filmed,
videotaped, recorded or otherwise made on any public property (streets,
sidewalks, parks, etc.) within the Village of Port Chester unless
application is made and a permit obtained from the Village of Port
Chester. This includes the running of cable, placing or storing of
equipment of any kind, the parking of vehicles, etc., on any public
property or any other use of public property for the purpose of making
films, etc.
[Amended 9-21-2015 by L.L. No. 8-2015]
A.
Applications shall be obtained from and submitted to the Village
Clerk in person or by mail and must contain at least the following
information:
(1)
The name, address and telephone number of the person or company making
the film.
(2)
The location where filming is to take place.
(3)
The date filming is to take place.
(4)
An operational/production plan.
(5)
A signed statement that the applicant affirms, under penalty of perjury,
that all statements contained in the application are true.
B.
A certificate of insurance must be submitted with
the application, naming the Village of Port Chester as an additional
insured, in amounts satisfactory to the village.
A.
On receipt of the application, the Clerk shall deliver
a copy of the same to the Chief of Police and the Village Manager,
who shall respond to the Clerk within five days of the receipt of
the application.
B.
Upon receipt of the comments of the Police Chief and
the Village Manager, the Clerk shall either issue the permit, subject
to any conditions called for by the Chief and/or Manager, or shall
reject the same.
C.
In the event of rejection or objection, the applicant
shall have 24 hours to request, in writing, that the Village Manager
hear his appeal of the decision. Notice of such appeal shall be given
promptly to the Village Manager, who shall hear the same within 10
days and give his decision to the applicant or his counsel, if any,
in writing.
The fee for such permit shall be set forth in Chapter 175, Fees.
[Amended 9-21-2015 by L.L. No. 8-2015]
Unless the Village Manager or his/her designee authorizes otherwise
upon due consideration of the potential impacts presented by an application:
A.
No applicant shall permit any filming for which a permit has been
issued to be conducted prior to 7:00 a.m. or after 10:00 p.m.
A.
Any person, persons, corporation, company, group or
other entity of any kind who fails to obtain the permit required herein
or otherwise violates any provision of this Article shall be subject
to a fine of up to $1,000.
B.
The imposition of such fine shall not be the village's
exclusive remedy in the event of a violation of this Article. The
village may pursue any and all other legal remedies available to it
in connection with any violation of this Article.
If the applicant for the permit is a church,
school or not-for-profit organization, the fee will be waived but
the permit must be obtained and displayed.
Notwithstanding any of the foregoing, no applicant
who has been previously convicted of a violation of this Article shall
be granted a permit hereunder for a period of 18 months from the date
of such conviction.
Requests for film production which will exceed
five days must be submitted to the Village Manager, in writing, at
least five days prior to filming, for his consideration and approval.
Such approval may include fees and any conditions the Village Manager
may deem necessary and expedient.
