[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:
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.
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]
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.
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.
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.
Written authorization to engage in motion picture, television
and still photography production on Town and/or Board of Trustees
property or facilities.
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.
|
(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.