[HISTORY: Adopted by the Board of Trustees of the Village of Old Brookville. Amendments noted where applicable.]
Fees and deposits — See Ch. 154.
The Village has received a number of requests in recent years to use public and private areas of the Village for purposes of commercial filming. The Board of Trustees hereby finds that it is in the public interest to require a permit for such use, to establish standards that will govern applications for these permits and to minimize the impact of such activity on the residential community.
As used in this chapter, the following terms shall have the meanings indicated:
- The recording on film, video or other medium of motion pictures, commercials, documentaries, shows, performances, athletic or sporting events or other similar events or activities, excluding still photography. As used herein, "filming" shall include the use of public or private property for persons, equipment, vehicles, props, cameras, and any other items or materials used in connection with such filming. The filming of home movies or videos intended for the exclusive use of the owner and his/her immediate family are exempt from this chapter and are not included within the definition of filming.
No person, firm, association or corporation shall commence filming within the Village unless approval therefor has been obtained from the Board of Trustees and a permit therefor has been issued by the Village Clerk.
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 making the film.
Name, address and telephone number of the location coordinator or other contact person.
Purpose of the filming.
Specific location of each property to be used in the filming.
Dates and times of the day that the property will be used.
Names and addresses of the property owner.
Consent of the property owner.
Such other information as may be required by the Village Clerk.
The Board of Trustees may grant, deny, or grant the permit with restrictions and/or conditions.
The Board of Trustees may deny an application for a filming permit if it determines that it will create a dangerous condition, interfere with the use of Village streets or public places, create a nuisance to Village residents or violate any provisions of the Village Code.
Every permit shall contain a date of commencement and expiration as well as the specific hours during which filming may occur.
At no time shall filming or the use of equipment therefor be conducted between the hours of 11:00 p.m. and 8:00 a.m. unless expressly permitted by the Board of Trustees.
No filming shall commence prior to 10:00 a.m. on Sundays.
The Board of Trustees may place further reasonable limitations on the hours of operation based on the need of the particular neighborhood or the existence of conflicting scheduled events.
Upon submission of its application, the applicant shall pay a nonrefundable application fee. At least three business days prior to the issuance of the permit by the Village Clerk, the applicant shall pay the daily site use fee under Chapter 154, Fees and Deposits, of the Code of the Village of Old Brookville. All payments must be made by cash or certified check. The site use fee, however, may be waived at the discretion of the Board of Trustees in connection with the filming done for a charitable, educational, public service, or other similar nonprofit purpose.
The applicant shall pay the actual cost for the incidental use of any Village personnel, services or equipment in connection with the filming.
No permit shall be issued until the applicant has deposited with the Village Clerk a certificate or policy of general liability insurance including personal injury liability in the amount not less than $1,000,000 bodily injury and property damage combined single limit naming the Village as a "named insured," thereby providing a defense and indemnity from and against any claim, loss, or damage resulting from the filming for which the permit was issued.
The Village Clerk may suspend or revoke a filming permit for any of the following reasons:
A decision of the Village Clerk to suspend or revoke a permit shall be appealable to the Board of Trustees, whose decision thereon shall be final. This decision may be reviewed under the New York Civil Practice Law and Rules by an Article 78 proceeding brought within 30 days of the filing of the Clerk's decision in the Village Clerk's office.
Any person, firm, association or corporation who violates any of the provisions of this chapter shall be subject to the fines and punishments pursuant to Chapter 1, General Provisions, § 1-3, of this Code.