[HISTORY: Adopted by the Board of Trustees of the Village
of Sleepy Hollow 1-22-2013 by L.L.
No. 1-2013. Amendments noted where applicable.]
It is the intent of the Village of Sleepy Hollow to encourage,
but not solicit, producers and others within the mass communications
industries, including filming, television, advertising and commercial
photography, to make use of the Village and its environs as a setting
for motion-picture films, television shows, commercials and photographs,
but only insofar as such use is at all times compatible, and does
not unduly interfere, with the lifestyles and day-to-day activities
of the Village's citizens and merchants.
For the purpose of this chapter, the following terms, phrases
and words and their derivations shall have the meanings given herein:
The recording on film or other medium of movies, commercials,
documentaries, serials, shows, performances or other similar events
or activities, including still photography, but not to include the
coverage of news, political, cultural, local sports or school district
events.
Any realty or personalty or interest therein owned by the
Village of Sleepy Hollow, including all streets, parks and public
places, lands, lands under water, waterfront property, and every estate,
interest and right, legal or equitable, therein.
No person or entity shall, for commercial purposes, cause, direct,
or conduct movie filming, videotaping, videorecording, television,
still photographing, or other recording of visual images and/or audio
sounds on private or public property in the Village of Sleepy Hollow
without first applying for and obtaining a filming permit therefor
from the Village Administrator.
The application for the filming permit shall contain the following
at a minimum:
A.
Name, address
and telephone number of the applicant.
B.
Name, address,
consent of the property owner and tenant (the latter, if any).
C.
Name, address
and telephone number of persons in charge [director, production manager,
and contact person(s)].
D.
Street
address.
E.
Date(s)
and hours of filming.
F.
Type of
production, including title and celebrities, if any.
G.
If for
advertising purposes, name of product.
H.
Scene description.
I.
List of
equipment and generator, if any.
J.
Number
of persons, cast and crew.
K.
Number
and type of vehicles.
L.
Safety
precautions to be undertaken by the applicant in the event that explosive
devices, fire and/or hazardous chemicals, demolition of buildings
or structures, and/or use of residential vehicles is proposed.
M.
Plan to
minimize disruption of traffic.
N.
Certificate(s)
of insurance naming the applicant, property owner, and the Village
of Sleepy Hollow as insureds, with the type(s) of insurance and amounts
of minimum coverage to be determined at the discretion of the Village
Administrator, to be contained in a written rider attached to the
application and signed by the applicant. Such insurance coverage shall
contain an endorsement that the applicant shall defend, hold harmless,
and indemnify (including reimbursement of attorneys' fees) the Village
of Sleepy Hollow against any and all claims, proceedings, or actions,
including, but not limited to, bodily injury, death, and property
damage, that is brought in connection with or as a result of or arising
out of any of the filming and/or recording activities.
O.
Anticipated
viewing place and date for filmed and/or recorded material.
A.
An application
for a filming permit shall be filed with the office of the Village
Administrator in completed form, together with all applicable fees,
at least one week prior to the first day of the proposed filming and/or
recording date(s).
B.
A separate
permit shall be required for each calendar day, but an applicant may
apply for permits for consecutive days on one application.
C.
The Village
Administrator may deny a permit in his or her sole and absolute discretion.
D.
The filming
permit shall contain the following information at a minimum:
(1)
Date
and time of the permitted event.
(2)
A description
of the event.
(3)
The
name and telephone number of persons who can be contacted by residents
who have questions or problems prior to, during or after the event,
including the names of a Village administration contact and the applicant's
responsible representative.
A permittee under a filming permit shall be required to personally
deliver or to mail a photocopy of the filming permit to all owners
of real property located within 100 feet of a property line of the
filming and/or recording site as shown on the latest assessment roll
of the Town of Mt. Pleasant Assessor and to all owners of real property
located on the same street as the filming and/or recording site who
are located within 500 feet of a property line of such site, all at
least two calendar days for personal delivery or four postmarked mail
delivery days for mailing prior to the first day of filming and/of
recording. The Village Administrator may require notice to additional
owners of real property in the vicinity if conditions of the filming
and/or recording so warrant.
A.
Filming and/or recording as permitted under a filming permit, including
all setup and takedown activities, shall only be conducted between
the hours of 7:00 a.m. and 11:00 p.m., Monday through Friday, and
between the hours of 9:00 a.m. and 11:00 p.m., Saturday.
B.
No filming and/or recording shall be permitted on Sundays and legal
and religious holidays.
C.
Filming and/or recording as permitted under a filming permit shall comply with all requirements and standards of Chapter 272, Noise, of the Village Code.
E.
No more
than 12 filming permits shall be issued for any given filming and/or
recording site address in any given calendar year.
F.
A separate
permit shall be required for each calendar day of filming and/or recording.
G.
The Village
Administrator may require the applicant to hire one or more off-duty
police officers as a condition of the permit to assist with traffic
and crowd control during the event.
H.
The Village
Administrator may require the applicant to obtain certification from
the Village of Sleepy Hollow Fire Department that the filing and/or
recording will not block emergency vehicle access to the filming and/or
recording site and/or adjoining areas.
I.
The Village
Administrator may require the applicant to post reasonable bond naming
the Village as beneficiary thereof to assume adherence to the permit
conditions and restrictions of the filming location.
The Village Administrator shall determine the proper fee for each filming permit, which shall be set from time to time by resolution of the Board of Trustees as set forth in the fee schedule included at the end of Chapter 200, Fees. Fees may include a basic fee for filming conducted on private property plus additional fees depending on the magnitude of the filming and/or recording project, the burden of such filming and/or activities on Village services, and the impact on the surrounding neighborhood, together with fees for filming and/or recording on public property, including setup and takedown time.
A.
The Village
Administrator, on his own initiative or upon notice from any public
official of the Village, is empowered to suspend or revoke, upon written
notice, a permit issued pursuant to this chapter for any of the following
reasons:
(1)
Violation
by the permittee of any law or any rule or regulation of any agency
of the state, county or Village pertaining to the filming at the permitted
location.
(2)
Conviction
of a felony.
(3)
Permittee
has permitted disorderly conduct at the permitted location or conduct
detrimental to the health and safety of others or constituting a breach
of the public peace.
(4)
Abrogation
of any agreement, written or oral, between the permittee and the Village
Administrator or any other public official of the Village of Sleepy
Hollow.
B.
Revocation
of a permit pursuant to the above conditions shall bar such offender
from applying for a new permit within one year from the date of revocation.
A.
Additional
regulations. The Village Administrator may promulgate additional regulations
in furtherance of the findings and purpose of this chapter.
B.
Waiver
of all or part of chapter. All or part of this chapter may be waived
by the Board of Trustees for a particular filming and/or recording
event on the Board's finding that such waiver would be in the public
interest of the surrounding neighborhood and/or Village as a whole.
Any person aggrieved by the action of the Village Administrator
or his designated agent in connection with the denial of an application
for a filming permit may take an appeal therefrom to the duly constituted
Board of Trustees. After review of said appeal, the Board of Trustees
shall affirm the action of the Village Administrator or his designated
agent or may reverse or modify the action of the Village Administrator
or his designated agent based upon a finding that such determination
was arbitrary, capricious or not supported by substantial evidence.
This chapter shall be enforced by the Village Administrator
and the Village Police Department.
A.
Each and
every violation of this chapter shall constitute a misdemeanor and
shall be punishable, upon conviction, by a fine of not less than $250
nor more than $1,000 for each and every day of violation under this
chapter.
B.
The imposition
of such fine shall not be the Village's exclusive remedy in the event
of violation, and the Village shall have the right to pursue any and
all other legal and equitable remedies available to it in connection
with any violation of this chapter.
