[HISTORY: Adopted by the Board of Trustees of the Village of Great Neck Plaza 9-2-1992 as L.L. No. 8-1992. Amendments noted where applicable.]
The village has received numerous applications in recent years to use public areas of the village for purposes of commercial filming. The Board of Trustees hereby finds that it would serve the public interest to require a permit for such use and to establish the standards that will govern future application for such permits.
As used in this chapter, the following terms shall have the meanings indicated:
- DOWNTOWN AREA
- The following areas: Grace Avenue from Middle Neck Road to Park Place; Middle Neck Road from Barstow Road to the northern boundary of the village; Great Neck Road from Middle Neck Road to Bayview Avenue; Cutter Mill Road from Middle Neck Road to Bayview Avenue; North Station Plaza from Barstow Road to Middle Neck Road; South Station Plaza from Barstow Road to Middle Neck Road; Gussack Plaza from Middle Neck Road to Cutter Mill Road; all of Maple Drive; and all of Bond Street.
- The recording on film or other medium of motion pictures, commercials, documentaries, shows, performances, athletic or sport events or other similar events or activities, including still photography. The "filming" of home movies taken by and intended for the exclusive use of the owner and his/her immediate family shall be excepted here from. "Filming" of news, political events and local sports or school district events and "filming" by the village are also excepted here from.
- PUBLIC PROPERTY
- Any realty or personality or interest therein owned by the Village of Great Neck Plaza, including streets, sidewalks, rights-of-way, parks, lands under water, waterfront property and other public places and every estate, interest and right, legal or equitable, therein.
- RESIDENTIAL AREA
- Any portion of the village not within the downtown area.
No person, firm, association or corporation shall commence filming on public property in the Village of Great Neck Plaza unless a permit therefor has been issued by the Village Clerk. As used herein, filming on public property shall include the use of public property for persons, equipment, vehicles, props, cameras and any other items or materials used in connection with such filming.
An application for a filming permit shall be made on forms provided by the Village Clerk and shall contain at least the following information:
Name, address and telephone number of the person or entity owning the rights to the film.
Name, address and telephone number of the location coordinator or other contact person.
Purpose of the filming.
Specific location of the property to be used.
Dates and time of day that the property will be used.
A description of all vehicles and bulky equipment to be used in connection with the filming, together with the license plates of all such vehicles.
Such other information as may be required by the Board of Trustees or the Village Clerk.
Any change in the planned filming activities for which a permit has been requested or obtained shall be submitted in advance of the proposed changes and shall be approved or denied in the same manner as the original application.
Application for a filming permit must be submitted five days prior to the first date of filming, unless the Village Clerk waives this condition for good cause.
The Village Clerk may deny an application for a filming permit if it does not comply with the purpose and intent of this chapter or if the public interest will be served by such denial. The Village Clerk may also deny any application for a permit in connection with filming which, in his judgment, would conflict with other scheduled events in the area of the filming location, would be detrimental to the community because of anticipated excessive noise, illumination or other effect caused by the proposed filming, including but not limited to the use of explosives, or would unduly interfere for an extended period of time with the day-to-day activities of citizens, property owners or merchants. The applicant may appeal such denial to the Mayor, whose decision thereon will be final.
Every permit shall contain a date of commencement and an expiration date and shall contain the specific hours during which filming shall occur.
At no time shall filming or the use of equipment therefor be conducted in the residential area between the hours of 11:00 p.m. and 8:00 a.m.
At no time shall filming or the use of equipment thereof be conducted in the downtown area between the hours of 11:00 p.m. and 8:00 a.m. except that the Village Clerk or Mayor may permit filming during such hours, upon good cause shown, if they find that such filming will not have any adverse effect on a resident or business in the village.
On Sundays, filming in no area of the village may commence before 10:00 a.m.
No filming activity shall intrude or interfere with the privacy or property of any resident pr property owner in the village unless a written consent is obtained from said resident or property owner.
There shall be no rerouting of traffic in connection with the filming activity except as specifically authorized by the Village Clerk and/or the Village Commissioner of Public Services.
The filming shall be conducted so as not to interfere with access to fire stations and fire hydrants. Equipment, materials or obstructions shall not be placed within 15 feet of fire hydrants. Passageways leading to fire escapes or fire-fighting equipment shall be kept free of equipment, materials or obstructions. Parking spaces for the handicapped shall be kept free of equipment, materials or obstructions.
The Village Clerk or Mayor 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.
The fee for a filming permit shall be $750 in the downtown area and $250 in the residential area for each and every day or part thereof for which the permit is issued. The fee shall be paid in cash or certified check prior to the issuance of the permit. However, this fee may be waived by the Village Clerk or Mayor in connection with filming done for a charitable, educational, public service or other similar nonprofit purpose.
In addition, the applicant shall pay the actual cost for the use of any village personnel, services or equipment in connection with the filming. The applicant shall, prior to the issuance of a permit, pay such costs on an estimated basis and shall also post adequate security to ensure the payment of any such costs which cannot be reliably estimated.
The Village Clerk and/or Village Commissioner of Public Services, upon their own initiative or upon notice from any person, may suspend or revoke a filming permit issued for any of the following reasons:
Violation of any law, rule or regulation of the United States, the State of New York, the County of Nassau, the Village of Great Neck Plaza or any department or agency thereof.
Violation of any condition of the permit.
Conduct that is detrimental to the health, safety or welfare of the residents of the Village of Great Neck Plaza or that is detrimental to public or private property within the village.
A decision of the Village Clerk or Commissioner of Public Services to suspend or revoke a permit shall be appealable to the Mayor, whose decision thereon shall be final.
In the event that a permit is suspended or revoked, the fees paid therefor shall be forfeited and shall not be refunded to the applicant.
Revocation of a filming permit shall bar the offender from applying for a new permit within one year from the date of the revocation.
No permit shall be issued until the applicant has deposited with the Village Clerk a certificate or policy of liability, personal, bodily and property insurance coverage in an amount not less than $3,000,000 naming the Village of Great Neck Plaza, its officers, agents and employees as additional insureds, thereby providing defense and indemnity from and against any claim, loss or damage resulting from the filming for which the permit is issued.
In addition, the applicant shall deposit with the Village Clerk a cash bond or letter of credit in an amount to be determined by the village to guarantee the reconstruction or restoration of any public or private property damaged as a result of the filming. Such bond or letter of credit shall be in a form acceptable to and approved by the Village Attorney.
Any person, firm or corporation who shall violate or fail, neglect or refuse to comply with any provision of this chapter or any rule or determination made thereunder, or who shall undertake filming without a permit therefor, shall, upon conviction thereof, be punished by a fine of not more than $2,500 or by imprisonment for not more than 15 days, or by both such fine or imprisonment. Each day that a violation continues shall be deemed a separate violation.
In addition to the penalties set forth hereinabove, the village may enforce any provision of this chapter by injunction or by civil action to recover a civil penalty in an amount not to exceed $2,500 for each violation.
For good cause shown, any provision of this chapter may be waived by the Mayor, in his sole discretion.