[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:
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.
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.
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.
A.
An application for a filming permit shall be made on
forms provided by the Village Clerk and shall contain at least the following
information:
(1)
Name, address and telephone number of the person or entity
owning the rights to the film.
(2)
Name, address and telephone number of the location coordinator
or other contact person.
(3)
Purpose of the filming.
(4)
Specific location of the property to be used.
(5)
Dates and time of day that the property will be used.
(6)
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.
(7)
Such other information as may be required by the Board
of Trustees or the Village Clerk.
B.
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.
C.
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.
A.
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.
B.
Every permit shall contain a date of commencement and
an expiration date and shall contain the specific hours during which filming
shall occur.
C.
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.
D.
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.
E.
On Sundays, filming in no area of the village may commence
before 10:00 a.m.
F.
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.
G.
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.
H.
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.
I.
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.
A.
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.
B.
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.
A.
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:
(1)
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.
(2)
Violation of any condition of the permit.
(3)
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.
B.
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.
C.
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.
D.
Revocation of a filming permit shall bar the offender
from applying for a new permit within one year from the date of the revocation.
A.
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.
B.
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.
A.
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.
B.
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.
