[HISTORY: Adopted by the Board of Trustees of the Village
of Warwick 3-17-2014 by L.L. No.
2-2014; amended in its entirety 11-21-2016 by L.L. No. 19-2016. Subsequent amendments noted where applicable.]
The Village has received frequent requests to film in the community.
This chapter is intended to establish guidelines for filming in the
Village and to create consistency in the manner in which the Village
handles applications for filming.
A.
No commercial, movie, television program, documentary or similar
audio visual production or any portion thereof shall be filmed, videotaped
or recorded in any media format or otherwise made on any private property
in the Village of Warwick without first obtaining a permit from the
Village. For filming which will take a total of five days or less,
the permit may be issued upon approval by the Mayor. Filming in any
district zoned commercial, industrial, residential or other shall
be permitted subject to the following conditions:
B.
Application for a permit shall be submitted to the Village on an
application form to be provided by the Village Clerk.
C.
Permit applications must be submitted at least two working days prior
to the date any on-site activity in connection with filming is commenced
for filming which will take five days or less. For all other filming,
application must be submitted 30 days prior to the date that any on-site
activity in connection with filming is commenced.
D.
Operational limitations.
(1)
Filming shall not be conducted at the same location (i.e., in the
same building or at the same street address) more than 30 calendar
days within any twelve-month period.
(2)
Filming shall not be conducted at the same location within 14 days
of another filming.
(3)
No applicant shall allow any filming for which a permit has been
issued to be conducted prior to 7:00 a.m. or after 10:00 p.m. unless
otherwise expressly approved by the Village.
(4)
No applicant shall allow equipment used in connection with such filming,
including but not limited to lights, generators and related equipment,
to be set up or operated at the location described in the permit application
prior to 7:00 a.m. or after 10:00 p.m. unless otherwise expressly
approved by the Village.
(5)
For districts zoned for residential use, filming shall not be conducted
at the same location more than twice per calendar year, with at least
four months between filming.
(6)
The Village may, in its discretion, waive any of the restrictions
in the subsection and shall be permitted to impose reasonable conditions
in doing so.
E.
The Village shall have the authority to approve or disapprove an
application for a permit and to establish such conditions for filming
as deemed necessary to protect the health, safety and welfare of the
residents of the Village of Warwick. The Village may also extend the
hours of filming on private property, subject to any conditions and
additional fees deemed necessary and appropriate.
F.
A certificate of insurance must be submitted with the application,
naming the Village of Warwick as an additional insured and in compliance
with other conditions established by the Village Board in the following
minimum amounts:
A.
No commercial, movie, television program, documentary or similar
audiovisual production or any portion thereof shall be filmed, videotaped
or recorded in any media format or otherwise made on any public property
in the Village of Warwick, including but not limited to streets, sidewalks,
parks and buildings without first obtaining a permit from the Village
Board. A permit shall be required for the running of cable, the placing
or storing of equipment of any kind, the parking of vehicles or any
other film-related activity on any public property or any other use
of public property for the purpose of making audiovisual productions.
B.
Application for a permit shall be submitted to the Village Board
on an application form to be provided by the Village Clerk.
C.
Permit applications must be submitted at least 30 days prior to the
date any on-site activity in connection with filming is to commence.
D.
A certificate of insurance must be submitted with the application,
naming the Village of Warwick as an additional insured and in compliance
with other conditions established by the Village Board in the following
minimum amounts:
E.
Operational limitations.
(1)
No applicant shall allow any filming for which a permit has been
issued to be conducted prior to 7:00 a.m. or after 10:00 p.m.
(2)
No applicant shall allow any equipment used in connection with such
filming, including but not limited to lights, generators and related
equipment, to be set up or operated at the location described in the
permit application prior to 7:00 a.m. or after 10:00 p.m.
F.
The Village Board shall have the authority to approve or disapprove
an application for a permit and to establish such conditions for filming
as deemed necessary to protect the health, safety and welfare of the
residents of the Village of Warwick. The Village Board may also extend
the hours of filming on public property, subject to any conditions
and additional fees deemed necessary and appropriate.
Unless otherwise noted herein, requests for film productions
which will exceed five days must be submitted to the Village Board
at least 30 days prior to the date filming will take place. The Village
Board may establish any fee it deems reasonable and appropriate for
such filming.
A.
Applicants shall be responsible for all costs incurred by the Village
in assigning police, fire, public works or other Village employees
to facilitate or monitor the filming process.
B.
The decision to assign Village employees shall be the responsibility
of the Village.
C.
Provisions for billing and collection of costs shall be determined
at the time of the event.
Notwithstanding any section of this chapter, no applicant who
has been previously convicted of a violation of this chapter shall
be granted a permit hereunder for a period of 18 months from the date
of such conviction.
A.
Fees shall be adopted by resolution of the Village Board for:
B.
The schedule of fees, once adopted by the Village Board, will be
available for inspection in the office of the Village Clerk. The Village
Board shall be permitted to raise the level of any fee due under this
chapter when the circumstances warrant.
A.
Any person who violates the provisions set forth in this chapter
shall be subject to a fine of not more than $250 per day for each
day that the violation continues and/or imprisonment not to exceed
15 days.
B.
The imposition of such penalty shall not be the Village's exclusive
remedy in the event of a violation of this chapter. The Village may
pursue any and all other legal remedies available in connection with
any violation of this chapter.