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Town of Huntington, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Huntington 11-4-2010 by L.L. No. 27-2010. Amendments noted where applicable.]
It is the intent of the Town Board to regulate the activities of individuals, organizations, corporations, groups and other entities involved in the business of motion pictures, television and still photography production, so as to assure the health, safety and welfare of the residents of the Town of Huntington and to generate additional jobs for local residents and income for local businesses.
As used in this chapter, the following words shall have the meanings indicated:
CHARITABLE FILMS
Motion pictures, television and still photography produced by a nonprofit organization, which qualifies under Section 501(c)3 of the Internal Revenue Code as a charitable organization. No person directly or indirectly, shall receive a profit from the marketing and production of the film or from showing the films, tapes, or photos.
MOTION PICTURE, TELEVISION, AND STILL PHOTOGRAPH
All activity attendant to production, staging or shooting motion pictures, television shows or programs, music videos and commercials in any medium including film, tape or digital format, except for photographs or videos of family events taken for private use or any other photographs or videos taken by a nonproduction company exclusively for personal use.
[Amended 7-16-2019 by L.L. No. 32-2019]
NEWS MEDIA
The photographing, filming or videotaping for the purpose of television news broadcast or reporting for the print or electronic media by reporters, photographers or cameramen.
PRODUCTION COMPANY
The individual, organization, corporation, group and other entity that is to engage in motion picture, television and still photography production on Town and/or Board of Trustees property or facilities.
STUDENT FILMS
Motion picture, television and still photography produced pursuant to the curriculum of an educational institution chartered by the State of New York. No person, directly or indirectly, shall receive a profit from the marketing and production of the film or from showing the films, tapes, or photos.
TOWN OF HUNTINGTON FILM PERMIT
Written authorization to engage in motion picture, television and still photography production on Town and/or Board of Trustees property or facilities.
TOWN OF HUNTINGTON FILM PERMIT APPLICATION
Paper form to be used to apply for permission to engage in motion picture, television and still photography production on property and facilities owned by the Town and/or Board of Trustees.
[Amended 9-5-2018 by L.L. No. 24-2018]
(A) 
No production company shall engage in motion picture, television and/or still photography production on any Town and/or Board of Trustees property or facility without a Town of Huntington Film Permit, except for those exemptions set forth in § 108-4.
(B) 
No production company shall violate federal, state or local law or health and safety codes while engaging in motion picture, television and still photography production on any Town and/or Board of Trustees property or facility. Any waiver of local law or regulations must be specifically provided for in the Town of Huntington Film Permit.
The provisions of this Chapter shall not apply to News Media, police related activities, and shall not apply to filming or videotaping of motion pictures or still photography for private family use.
[Amended 9-5-2018 by L.L. No. 24-2018]
(A) 
No production company shall commence motion picture, television and/or still photography production on any Town and/or Board of Trustees property or facility unless a permit for such permit for such activity has been issued by the Huntington Town Attorney's Office.
(B) 
Issued permit must be available upon request.
[Amended 9-5-2018 by L.L. No. 24-2018]
An application for a permit to film shall be fully completed and signed by the production company seeking a permit. The application shall be submitted to the Huntington Town Attorney's Office not less than five (5) business days prior to the commencement of such filming, unless otherwise authorized. The application shall include and be accompanied by and/or include the following information:
(A) 
The name, address, telephone numbers, and e-mail address of the applicant.
(B) 
A general statement of the character or nature of the proposed filming activity.
(C) 
The proposed location(s) of the filming.
(D) 
The specific date(s) and time(s) the permit is intended to cover.
(E) 
The number of cast and crew.
(F) 
The number and type of vehicles.
(G) 
The number and type of equipment.
(H) 
The use of any animals or pyrotechnics.
(I) 
If a student film, a letter from the school verifying that it is being done pursuant to the curriculum of an educational institution chartered by the State of New York.
(J) 
If a charitable film, proof of the organization's Section 501(c)3 status.
(A) 
A certificate of insurance issued by an insurance company licensed to do business in the State of New York must be submitted to the Huntington Town Attorney's Office two (2) business days prior to the commencement of permitted filming activities. Such certificate shall be in the following coverage amounts and contain the following information:
(1) 
Comprehensive general liability coverage with limits of no less than two million dollars ($2,000,000.00) per occurrence.
[Amended 9-5-2018 by L.L. No. 24-2018]
(2) 
Automobile liability coverage with limits in an amount acceptable to the Town Attorney.
[Amended 9-5-2018 by L.L. No. 24-2018]
(3) 
New York Workers' Compensation and New York Disability coverage for production company employees.
[Amended 9-5-2018 by L.L. No. 24-2018]
(4) 
The Town of Huntington and the Town of Huntington Board of Trustees must be named as certificate holders and as additional insureds, by endorsement on liability policies.
[Amended 9-5-2018 by L.L. No. 24-2018]
(B) 
Production companies shall conform to all applicable Federal and State requirements for Worker's Compensation Insurance for all persons operating under a permit.
(C) 
Execution of a hold harmless agreement shall be required, in connection with the permit, in a form approved by the Huntington Town Attorney's Office.
(D) 
Where deemed necessary by the Town of Huntington, a refundable security deposit may be required to be submitted to assure cleanup of the site.
(E) 
The Town of Huntington may place other reasonable conditions as deemed advisable by the Town Attorney and may place reasonable limitations on the hours of operation based on the specific Town and/or Board of Trustees property or facility requested or the existence of conflicting scheduled events.
(A) 
The Town Board may, from time to time, by Town Board Resolution, establish fees and charges for applications and issuance of filming permits under this Chapter. These fees shall include but not be limited to:
[Amended 9-5-2018 by L.L. No. 24-2018]
(1) 
Nonrefundable application fee, to be submitted with completed application.
(2) 
Permit fees per location:
Full Day Fee - four (4) hours up to twenty-four (24) hours.
Half Day Fee - up to four (4) hours.
All fees for filming permits are nonrefundable and shall be payable to the Town of Huntington by check or money order at time of permit issuance.
(3) 
A late application or applicant's failure to submit all required documents pursuant to § 108-6 and § 108-7 shall be subject to a late fee.
[Added 7-16-2019 by L.L. No. 32-2019]
(B) 
Film permit fees may be waived in connection with filming done for a charitable, student films, public service announcement, and/or other nonprofit purpose upon the submission of requested documentation and approval of the Town Attorney.
[Amended 9-5-2018 by L.L. No. 24-2018]
(C) 
The production company shall pay the actual cost, if any, for the incidental use of any Town of Huntington personnel, services or equipment in connection with permitted filming activities.
[Amended 9-5-2018 by L.L. No. 24-2018; 11-6-2019 by L.L. No. 56-2019]
(A) 
Any production company committing an offense against any provision of this Chapter shall, upon conviction thereof, be subject to a fine of not less than Two Hundred Fifty ($250) dollars and not exceeding One Thousand ($1,000.00) dollars or by imprisonment for a term not exceeding fifteen (15) days, or by both such fine and imprisonment. The continuation of a violation of the provisions of this Chapter shall constitute, for each day the violation is continued, a separate and distinct offense punishable in like manner. Any production company found by the Bureau of Administrative Adjudication to have violated any provision of this Chapter shall likewise be subject to a monetary penalty within the range of fines authorized herein for offenses or continuing offenses.
(B) 
In addition to the criminal and civil penalties set forth herein or in other applicable law, rule or regulation, the Town Attorney is authorized to revoke the permit with forfeiture of fees paid; deny future permit applications; pursue civil and equitable relief in the name of the Town in a court of competent jurisdiction, including but not limited to compensatory actions; civil penalties in the amount of up to five hundred ($500.00) dollars per day, or any part thereof; an action to compel compliance with or to restrain by injunction the violation of this Chapter; and other remedies which in the opinion of the Town Attorney may seem necessary and proper.